Our Privacy Policy
Our Privacy Policy outlines how we collect, use, and protect your personal information. Your privacy and security are our priorities.
INTRODUCTION AND PARTIES
Welcome to Parikshak.ai, an AI-powered hiring intelligence platform operated by Edunova Innovation Lab Private Limited, a company incorporated under the Companies Act, 2013 with its registered office in Ahmedabad, Gujarat, India ('Company', 'we', 'us', or 'our').
These Terms of Use ('Terms') constitute a legally binding agreement between you ('User', 'you', or 'your') and Edunova Innovation Lab Private Limited governing your access to and use of the Parikshak.ai platform, including all associated products, services, applications, APIs, and content (collectively, the 'Platform'), including but not limited to:
Parikshak.ai Recruit — AI interview screening and candidate analytics for employers;
Parikshak Talent — job seeker profile and talent discovery services;
Growth Partner Program — campus affiliate and partner engagement services;
Any additional HR technology features, tools, or services made available on or through the Platform.
These Terms apply to all Users of the Platform, including employers and enterprise customers ('Employer Users'), individual job seekers and candidates ('Candidate Users'), campus partners and affiliates ('Partner Users'), and any other individuals or entities accessing the Platform.
ACCEPTANCE OF TERMS
BY ACCESSING, REGISTERING FOR, OR USING THE PLATFORM IN ANY MANNER, YOU CONFIRM THAT: (A) YOU HAVE READ AND UNDERSTOOD THESE TERMS IN FULL; (B) YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED HEREIN BY REFERENCE; AND (C) YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR OWN BEHALF OR ON BEHALF OF THE ENTITY YOU REPRESENT.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM AND NOT REGISTER FOR OR ACCESS ANY SERVICES.
Where required by applicable law or where the Platform presents a checkbox or confirmation mechanism at registration or payment, your affirmative acceptance by checking 'I agree to the Terms of Use' constitutes a valid clickwrap agreement enforceable to the fullest extent permitted by applicable law. The Company maintains timestamped records of such acceptance including IP address and user identifier.
These Terms are to be read alongside and incorporate by reference:
Our Privacy Policy, available at parikshak.ai/privacypolicy;
Our Refund Policy, available at parikshak.ai/refundspolicy;
Any product-specific terms, enterprise agreements, or supplemental terms communicated to you at the point of purchase or in a separate written agreement.
In case of any conflict between these Terms and a separately executed enterprise or service agreement, the enterprise agreement shall prevail to the extent of the conflict.
MODIFICATIONS TO TERMS
The Company reserves the right to amend, update, or replace these Terms at any time. We distinguish between two categories of changes:
Material Changes: A 'material change' includes any modification to: payment obligations, limitation of liability provisions, arbitration or dispute resolution mechanisms, intellectual property rights, or data processing practices. For material changes, we will:
Provide at least thirty (30) days' prior written notice by email to the address associated with your account; and
Display a prominent notice on the Platform home page for the notice period; and
Where required by law, seek fresh acceptance from you before the change takes effect.
If you object to a material change, you may terminate your account without further obligation (subject to fees already paid) by providing written notice to connect@parikshak.ai before the effective date of the change. Continued use of the Platform after the effective date of a material change constitutes your acceptance of the updated Terms.
Non-Material Changes: For administrative, clarificatory, or legally required non-material updates, we will post revised Terms on the Platform with an updated effective date. It is your responsibility to review the Terms periodically. Continued use of the Platform after any such update constitutes acceptance.
ELIGIBILITY & ACCOUNT REQUIREMENTS
4.1 Age and Legal Capacity
You must be at least eighteen (18) years of age to access or use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old. If you are accessing the Platform on behalf of a legal entity, you represent that you are duly authorised to bind that entity to these Terms.
The Platform is not directed to, and we do not knowingly collect personal data from, individuals under the age of 18. If we become aware that a user is under 18, we will immediately terminate that account and delete all associated data. If you believe a minor has accessed the Platform, please notify us at connect@parikshak.ai.
4.2 Account Creation and Accuracy
To access certain features, you must create an account. You agree to: provide accurate, current, and complete information during registration; update your information promptly if it changes; not create an account using false identity, impersonation, or fraudulent information; not create multiple accounts for the same individual or entity without prior written consent from the Company; and maintain only one active account at any time unless otherwise authorised.
4.3 Account Security and Responsibility
You are solely responsible for: maintaining the strict confidentiality of your login credentials; all activities that occur under your account, whether or not authorised by you; any harm arising from your failure to maintain credential security; and immediately notifying the Company at connect@parikshak.ai upon becoming aware of any actual or suspected unauthorised access to your account.
The Company will not be liable for any loss or damage arising from your failure to comply with this section. You may not share, sell, transfer, or otherwise allow third parties to access your account credentials.
4.4 Employer Account Obligations
Employer Users who access Candidate User data through the Platform additionally represent and warrant that: they are a lawfully operating business entity; they have a legitimate basis for processing candidate data under applicable employment and data protection law; they will not use AI screening results as the sole basis for any employment decision without independent human review; they maintain their own lawful privacy notices directed at candidates; and they will comply with all applicable employment, anti-discrimination, and labour laws in their jurisdiction.
USER REPRESENTATIONS AND WARRANTIES
By accessing or using the Platform, you represent, warrant, and covenant to the Company on a continuing basis that:
You have the full legal right, power, and authority to enter into and perform your obligations under these Terms;
Your use of the Platform does not and will not violate any applicable law, regulation, judgment, or order, or breach any agreement or obligation you have with any third party;
All information and data you provide through the Platform (including job descriptions, resumes, professional credentials, and interview responses) is accurate, truthful, current, and not misleading;
You will not use the Platform to engage in any discriminatory, harassing, or unlawful hiring or recruitment practice;
As an Employer User, you have obtained all necessary consents and given all required notices to candidates before directing them to complete AI interviews on the Platform;
As a Candidate User, the interview responses you provide are your own original, unassisted work, and you are the person you represent yourself to be;
Any content you upload to the Platform does not infringe the intellectual property, privacy, or other rights of any third party;
You are not located in a country subject to embargoes or sanctions by the Government of India, the United States, or the European Union;
You are not a competitor of the Company seeking to access the Platform for competitive intelligence purposes.
PERMITTED AND PROHIBITED USE
6.1 Permitted Uses
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform for its intended purpose, which includes:
Conducting AI-powered candidate screening interviews (Employer Users);
Participating in AI screening interviews in response to employer invitations (Candidate Users);
Accessing analytics, reports, and dashboards related to your authorised account;
Managing talent profiles and applying to roles through Parikshak Talent;
Engaging in the Growth Partner Program as an authorised affiliate.
6.2 Prohibited Conduct
You shall not, and shall not permit or assist any third party to:
Use the Platform for any purpose that is illegal, fraudulent, harmful, or in violation of any applicable law or regulation;
Impersonate another person or entity, or participate in an AI interview on behalf of another candidate ('proxy interviews'), or allow another person to complete an AI interview on your behalf;
Submit false, fabricated, or materially misleading resumes, credentials, or interview responses;
Use AI-generated answers, deepfake audio or video, or any automated assistance during a live AI interview session without disclosure;
Access, scrape, crawl, harvest, or systematically extract data from the Platform using bots, scripts, or any automated tools;
Attempt to reverse-engineer, decompile, disassemble, decode, or otherwise derive the source code, AI models, scoring algorithms, or proprietary methodologies of the Platform;
Probe, scan, penetrate, or test the vulnerability of the Platform's systems or networks;
Attempt to circumvent, defeat, or disable any security, authentication, proctoring, or integrity mechanism of the Platform;
Introduce malware, viruses, trojan horses, ransomware, or other harmful or disruptive code into the Platform;
Use the Platform to harass, intimidate, defame, or harm any other user, candidate, employer, or third party;
Use AI screening results to make employment decisions that violate anti-discrimination laws or regulations applicable in your jurisdiction;
Use the Platform to build a competing product or service, to benchmark the Platform against a competing product, or to collect competitive intelligence;
Sell, resell, sublicence, or commercially exploit any portion of the Platform or its outputs without the Company's prior written consent;
Remove or alter any copyright, trademark, or proprietary rights notices on the Platform;
Use the Platform in a manner that places an unreasonable load on infrastructure or that disrupts the availability of the Platform to other users;
Share, publish, or distribute AI-generated candidate assessments to unauthorised third parties or use them for any purpose outside of lawful employment evaluation.
Any violation of Section 6.2 may result in immediate suspension or termination of your account, and may give rise to civil or criminal liability. The Company reserves the right to report unlawful conduct to relevant law enforcement and regulatory authorities.
AI FEATURES - SPECIFIC TERMS AND DISCLAIMERS
7.1 Nature of AI Outputs
The Platform uses artificial intelligence and machine learning models to screen candidates, analyse interview responses, generate performance assessments, and provide hiring recommendations. You acknowledge and agree that:
AI outputs produced by the Platform are probabilistic estimates based on statistical patterns and training data, and are not statements of fact about any individual candidate;
The Company does not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated output, score, assessment, or recommendation;
AI screening results are intended to be one input among many in a holistic hiring process, and are not intended to be, and must not be used as, the sole or determinative basis for any employment decision;
AI models may reflect historical biases present in training data. Employer Users are solely responsible for conducting validation of AI outputs for disparate impact and bias before relying on them in hiring decisions;
No employment outcome — whether selection, rejection, shortlisting, or otherwise — is guaranteed by use of the Platform.
7.2 Employer Obligations for AI Use
Employer Users who use AI screening outputs for employment decisions agree to:
Conduct independent human review of AI assessments before making final employment decisions;
Provide candidates with appropriate notice that AI technology is being used in the screening process, to the extent required by applicable law;
Maintain audit logs and records of AI-assisted decisions as required by applicable employment and data protection law;
Not use AI scores to discriminate on the basis of any protected characteristic including race, gender, religion, caste, disability, age, or national origin;
Comply with any applicable regulations governing AI in hiring, including EU AI Act requirements, EEOC guidance, or any local equivalent, as applicable to the Employer User's jurisdiction.
7.3 No Employment Agency Relationship
The Platform is a technology service provider and is not an employment agency, staffing firm, recruiter, or headhunter. The Company does not: represent employers or candidates in any employment negotiation; guarantee job placement for any candidate; verify the accuracy of employer job descriptions or the bona fides of any employer on the Platform; or assume liability for any employment outcome or employer-candidate relationship arising through the Platform.
7.4 Biometric and Sensitive Data — Specific Acknowledgement
The AI interview feature of the Platform involves the collection and processing of video recordings, audio recordings, facial images, and related metadata from Candidate Users. You acknowledge that this data may constitute biometric information under applicable law including the Illinois Biometric Information Privacy Act (BIPA), India DPDP Act, GDPR, and other laws. By using this feature, you consent to such collection and processing strictly for the purposes set out in the Privacy Policy. Specific biometric data consent is captured separately where required by law.
USER-GENERATED CONTENT
8.1 Your Content
You retain ownership of all content you submit, upload, or transmit through the Platform ('User Content'), including resumes, job descriptions, interview questions, and written responses, subject to the licences granted below.
8.2 Operational Licence
By submitting User Content to the Platform, you grant the Company a non-exclusive, worldwide, royalty-free, sub-licensable licence to use, host, store, reproduce, transmit, and display your User Content solely to the extent necessary to: provide the services you have requested; operate, maintain, and improve the Platform's technical infrastructure; generate analytics and reports for your account; and comply with legal obligations.
8.3 AI Model Training — Separate Opt-In
The Company may seek to use anonymised and aggregated User Content (including interview transcripts and response data) to train, validate, and improve its AI models. This use is separate from the operational licence above. Where required by applicable law, the Company will seek your separate, specific, and informed consent before using your Content for AI model training purposes. You may withdraw such consent at any time by contacting connect@parikshak.ai, and withdrawal will not affect the lawfulness of processing already conducted. Withdrawal of AI training consent will not affect your ability to use the Platform.
8.4 Content Standards
All User Content you submit must: be accurate and not misleading; comply with all applicable laws and regulations; not infringe the intellectual property, privacy, or other rights of any third party; not constitute defamatory, harassing, discriminatory, obscene, or unlawful material; and not introduce security vulnerabilities or malicious code.
The Company reserves the right to remove, suspend, or refuse any User Content that violates these standards without prior notice and without liability to you.
INTELLECTUAL PROPERTY
9.1 Company IP
All right, title, and interest in and to the Platform, including its software, source code, object code, AI models, scoring algorithms, training datasets, user interface designs, trade marks, service marks, logos, domain names, documentation, and all other proprietary materials ('Company IP') are and shall remain the exclusive property of Edunova Innovation Lab Private Limited or its licensors. Nothing in these Terms transfers any ownership of Company IP to you.
The limited licence granted to you under Section 6.1 does not include any right to: copy, modify, or create derivative works of Company IP; distribute, publicly display, or sub-licence Company IP; or use Company IP in any manner not expressly permitted by these Terms.
9.2 Trade Secrets and Confidential Information
You acknowledge that the Platform's AI models, scoring methodologies, training data, and business logic constitute trade secrets and confidential information of the Company. You agree not to disclose, reverse engineer, reconstruct, or use such information for any purpose other than your authorised use of the Platform. This obligation survives termination of your account.
9.3 Feedback
If you provide any feedback, suggestions, or improvement ideas to the Company, you hereby assign to the Company all intellectual property rights in such feedback, and the Company may use it freely without restriction, attribution, or compensation to you.
9.4 DMCA and Copyright Infringement
The Company respects intellectual property rights. If you believe any content on the Platform infringes your copyright, please send a notice to connect@parikshak.ai with: identification of the copyrighted work; identification of the infringing material and its location on the Platform; your contact information; a statement of good faith belief that the use is not authorised; and your signature (electronic or physical). We will respond within a commercially reasonable time. Repeat infringers' accounts will be terminated.
. DATA, PRIVACY AND PERSONAL DATA PROCESSING
10.1 Personal Data
The Platform processes personal data about Candidate Users (including video, audio, and interview responses), Employer Users (including account and payment data), and Partner Users. All personal data processing is conducted in accordance with our Privacy Policy, which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Privacy Policy regarding personal data, the Privacy Policy shall prevail.
10.2 Data Controller Status
Edunova Innovation Lab Private Limited is the data controller (as defined under GDPR) and data fiduciary (as defined under the DPDP Act 2023) for personal data collected through the Platform. The Company does not 'own' personal data. The Company processes personal data on a lawful basis as specified in the Privacy Policy, including: performance of contract; consent; legitimate interests; and compliance with legal obligations, as applicable.
10.3 Employer as Independent Data Controller
Employer Users who receive Candidate User data through the Platform act as independent data controllers in respect of that data. Each Employer User is independently responsible for: maintaining a lawful basis for processing candidate data; providing appropriate privacy notices to candidates; responding to data subject rights requests directed to the employer; and complying with all applicable data protection laws in their own jurisdiction. The Company provides candidate data to Employer Users pursuant to contractual arrangements and is not responsible for the Employer User's independent data processing activities.
10.4 Data Subject Rights
Candidate Users and other data subjects have the right to: access their personal data; correct inaccurate data; request erasure of data (subject to legal retention obligations); object to processing; and data portability, in each case to the extent available under applicable law. Requests may be directed to connect@parikshak.ai and will be responded to within the timeframe required by applicable law (not exceeding 30 days unless extended as permitted by law).
10.5 Data Retention and Deletion
The Company retains personal data for the periods specified in the Privacy Policy. Upon valid deletion request or account termination, the Company will delete or anonymise personal data within the timeframe specified in the Privacy Policy, subject to retention required for: legal compliance; regulatory obligations; resolution of pending disputes; and fraud prevention.
. PAYMENT TERMS, SUBSCRIPTIONS AND BILLING
11.1 Fees and Pricing
Certain features of the Platform are available on a paid subscription or usage-based fee basis. All applicable fees, pricing tiers, and payment terms are set out at the point of purchase on the Platform or in a separately executed order form or enterprise agreement. Fees are stated exclusive of applicable taxes unless otherwise stated. You are responsible for all applicable taxes, duties, and levies associated with your purchase.
11.2 Subscription Auto-Renewal
Unless you cancel before the end of the then-current subscription period, your subscription will automatically renew for a successive period of the same duration at the then-applicable renewal price. The Company will provide advance notice of auto-renewal (not less than 7 days before the renewal date) by email to your registered address. You authorise the Company to charge the renewal fee to your payment method on file on the renewal date. To prevent auto-renewal, you must cancel your subscription through the account settings or by emailing connect@parikshak.ai at least 24 hours before the renewal date.
11.3 Price Changes
The Company may modify subscription pricing with at least 30 days' prior notice. Price changes will take effect at your next renewal date following the notice period. If you do not accept the new pricing, you may cancel before the next renewal date.
11.4 Refund Policy
Except as expressly set out in our Refund Policy (parikshak.ai/refundspolicy) or as required by applicable consumer protection law, all payments are non-refundable. Specifically:
Monthly subscription fees are non-refundable once a billing cycle has commenced;
Annual subscription fees are non-refundable after 7 days from the initial purchase date, unless the Company is in material breach of its obligations under these Terms;
Usage-based fees for AI interviews consumed are non-refundable;
If the Company terminates your account without cause, you will receive a pro-rata refund of any prepaid subscription fees for the unexpired subscription period.
11.5 Payment Disputes
If you believe a billing error has occurred, you must notify the Company in writing at connect@parikshak.ai within thirty (30) days of the disputed charge. Your notice must identify: the amount in dispute; the date of the charge; and the reason you believe the charge is erroneous. The Company will investigate and respond within ten (10) business days. During the investigation period, the Company will not initiate collection action or suspend services solely on account of the disputed amount. Failure to notify within 30 days constitutes a waiver of your right to dispute that charge. Initiating a chargeback with your payment provider before completing the Company's dispute resolution process constitutes a material breach of these Terms.
11.6 Suspension for Non-Payment
If any undisputed payment is overdue by more than ten (10) days, the Company may suspend access to paid features. If payment is overdue by more than thirty (30) days, the Company may terminate the account. The Company will provide written notice before suspension or termination for non-payment.
. SUSPENSION AND TERMINATION
12.1 Termination by You
You may terminate your account at any time by submitting a written request to connect@parikshak.ai or through the account deletion function in Platform settings. Termination takes effect upon the Company's processing of your request. You will retain access to paid features until the end of the then-current paid subscription period. No refund of prepaid fees will be provided unless Section 11.4 applies.
12.2 Suspension or Termination by the Company
The Company may immediately suspend or permanently terminate your account, with or without prior notice, in any of the following circumstances:
You have materially breached any provision of these Terms;
You have engaged in conduct that, in the Company's reasonable judgement, is harmful to the Platform, other users, or the Company's business or reputation;
You have failed to pay any undisputed fees within 30 days of the due date;
You have provided false or misleading information during registration or in your use of the Platform;
Continuation of your account creates legal or regulatory risk to the Company;
The Company is required to do so by applicable law, court order, or regulatory directive;
A suspected or confirmed security incident involving your account occurs.
Where circumstances permit, the Company will provide reasonable notice before termination and an opportunity to cure the breach. For serious violations (including fraud, impersonation, or data security threats), the Company may act immediately without notice.
12.3 Effect of Termination
Upon termination or suspension of your account: your licence to use the Platform immediately ceases; you must immediately cease all use of the Platform; the Company may delete your account data in accordance with the Privacy Policy and applicable law; and any accrued payment obligations survive termination. The following provisions of these Terms survive termination: Section 5 (Representations and Warranties), Section 9 (Intellectual Property), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 16 (Dispute Resolution), and any other provisions that by their nature should survive.
12.4 Company's Right to Modify or Discontinue Platform
The Company reserves the right at any time and without liability to you to: modify, suspend, or discontinue any feature or component of the Platform; add or remove features; change technical specifications; or discontinue the Platform entirely, with reasonable advance notice where practicable.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES, CONTENT, AI OUTPUTS, ASSESSMENTS, RECOMMENDATIONS, AND MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE PLATFORM ARE PROVIDED ON AN 'AS IS', 'AS AVAILABLE', AND 'WITH ALL FAULTS' BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING:
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
WARRANTIES THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION, DELAY, ERROR, OR DEFECT;
WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, OR QUALITY OF ANY AI-GENERATED OUTPUT, CANDIDATE ASSESSMENT, OR SCREENING RECOMMENDATION;
WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED;
WARRANTIES THAT THE PLATFORM IS FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS;
WARRANTIES AS TO THE SUITABILITY OF ANY CANDIDATE IDENTIFIED THROUGH THE PLATFORM FOR ANY EMPLOYMENT POSITION;
WARRANTIES THAT USE OF THE PLATFORM WILL RESULT IN IMPROVED HIRING OUTCOMES OR BUSINESS RESULTS.
Some jurisdictions do not permit exclusion of implied warranties for consumers. If you are a consumer in such a jurisdiction, the above exclusions apply to the fullest extent permissible under applicable law, and you may have additional statutory rights that cannot be excluded.
LIMITATION OF LIABILITY
14.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
LOSS OF REVENUE, PROFITS, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS, OR GOODWILL;
LOSS OF DATA OR COST OF PROCURING SUBSTITUTE DATA;
LOSS OF EMPLOYMENT OPPORTUNITY, RECRUITMENT ADVANTAGE, OR COMPETITIVE POSITION;
COST OF PROCURING SUBSTITUTE GOODS, SERVICES, TECHNOLOGY, OR RIGHTS;
ANY DAMAGE ARISING FROM YOUR RELIANCE ON AI-GENERATED ASSESSMENTS FOR EMPLOYMENT DECISIONS;
WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 Aggregate Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL BE LIMITED TO THE LESSER OF:
THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR
INR 50,000 (FIFTY THOUSAND INDIAN RUPEES) FOR B2C (CANDIDATE) USERS; OR
INR 5,00,000 (FIVE LAKH INDIAN RUPEES) FOR B2B (EMPLOYER) USERS.
14.3 Exceptions
The limitations in Sections 14.1 and 14.2 shall not apply to: (a) death or personal injury caused by the Company's gross negligence; (b) fraud or fraudulent misrepresentation by the Company; (c) any other liability that cannot be excluded or limited under applicable law. Nothing in these Terms limits the Company's liability under the Consumer Protection Act 2019 (India) for defective services to the extent such liability cannot be contractually excluded.
14.4 Basis of Bargain
YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT SUCH LIMITATIONS.
INDEMNIFICATION
15.1 User Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its directors, officers, employees, agents, licensors, successors, and assigns from and against any and all claims, actions, proceedings, losses, liabilities, damages, penalties, fines, costs, and expenses (including reasonable legal fees and court costs) ('Losses') arising out of or relating to:
Your access to or use of the Platform in breach of these Terms;
Any content you submit to or transmit through the Platform;
Your violation of any applicable law, regulation, or third-party right (including intellectual property rights and privacy rights);
Your employment or hiring decisions made in reliance on AI outputs from the Platform;
Any misrepresentation you make in connection with your use of the Platform;
Any dispute between you and another user, employer, candidate, or third party;
Your breach of the representations and warranties in Section 5.
15.2 Indemnification Procedure
The Company will: (a) promptly notify you in writing of any claim for which indemnification is sought; (b) grant you reasonable control over the defence and settlement of such claim, provided that you may not settle any claim that imposes any obligation, restriction, or liability on the Company without the Company's prior written consent; and (c) provide you with reasonable cooperation and information to assist in the defence.
15.3 Carve-out
Your indemnification obligation does not apply to Losses arising directly from the Company's own gross negligence, wilful misconduct, or fraud.
THIRD-PARTY SERVICES AND INTEGRATIONS
The Platform may integrate with or contain links to third-party services, websites, platforms, payment gateways, cloud infrastructure providers, communication tools, and other technology providers ('Third-Party Services'). You acknowledge that:
Third-Party Services are not operated or controlled by the Company;
The Company is not responsible for the content, privacy practices, security, availability, or conduct of any Third-Party Service;
Your use of any Third-Party Service is governed by that service's own terms and conditions, and you should review those terms before use;
The Company's integration with a Third-Party Service does not constitute an endorsement, sponsorship, or recommendation of that service;
The Company is not liable for any loss or damage arising from your use of, or inability to use, any Third-Party Service, including failures of payment gateways, cloud providers, video infrastructure, or API services that affect Platform availability;
The Company shares personal data with certain Third-Party Services (e.g., payment processors, cloud storage providers) as described in the Privacy Policy.
MARKETPLACE AND PLATFORM INTERMEDIARY DISCLAIMER
Parikshak.ai operates as a technology intermediary and marketplace connecting Employer Users with Candidate Users. In this capacity:
The Company is an intermediary and not a party to any employment, engagement, or other agreement entered into between an Employer User and a Candidate User;
The Company does not independently verify the identity, credentials, qualifications, or representations of any Employer User or Candidate User;
The Company does not represent, warrant, or guarantee that any employer on the Platform is legitimate, lawfully incorporated, financially solvent, or will fulfil any employment offer;
The Company does not guarantee that any candidate's skills, experience, or qualifications are as represented;
The Company is not responsible for any outcome of any interview process, hiring decision, employment relationship, or dispute between an Employer User and a Candidate User;
Users interact with each other at their own risk, and the Company strongly encourages Employer Users to conduct independent background checks and verification of candidates, and Candidate Users to independently verify the bona fides of employers.
The Company's liability for any failure of the marketplace function is limited as set out in Section 14.
FORCE MAJEURE
The Company shall not be in breach of these Terms or otherwise liable to you for any delay in performance or non-performance of any obligation to the extent that such delay or non-performance arises from or is attributable to a Force Majeure Event.
A 'Force Majeure Event' means any event or circumstance beyond the reasonable control of the Company, including: acts of God, floods, earthquakes, storms, or other natural disasters; epidemic, pandemic, or public health emergency; acts of war, terrorism, civil unrest, riot, or insurrection; government actions, sanctions, embargoes, or regulatory interventions; failure of the internet or telecommunications infrastructure; failure or unavailability of third-party cloud, data centre, or network infrastructure beyond the Company's reasonable control; power outages; strikes or industrial disputes; and cyberattacks or security incidents affecting the Platform.
If a Force Majeure Event prevents the Company from providing the Platform for a continuous period of more than sixty (60) days, either party may terminate the affected subscription upon written notice, and the Company will provide a pro-rata refund of prepaid fees for the unutilised period.
DISPUTE RESOLUTION, ARBITRATION AND GOVERNING LAW
19.1 Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of India, including the Indian Contract Act 1872, Information Technology Act 2000, Consumer Protection Act 2019, and Digital Personal Data Protection Act 2023, without reference to conflict of law principles.
19.2 Mandatory Good Faith Negotiation
Before initiating any formal dispute resolution, the parties agree to attempt to resolve any dispute through good faith negotiation. A party seeking resolution must send written notice to the other party identifying the dispute in reasonable detail. The parties will meet (in person, by video, or by telephone) within fifteen (15) days of such notice to attempt resolution. If the dispute is not resolved within thirty (30) days of the written notice, either party may proceed to arbitration as set out below.
19.3 Binding Arbitration
Subject to Section 19.4, all disputes, controversies, or claims arising out of or relating to these Terms, the Platform, or any services provided thereunder, including disputes regarding validity, interpretation, performance, breach, or termination, shall be finally resolved by binding arbitration administered in accordance with the Arbitration and Conciliation Act 1996 (as amended) of India.
Seat and venue of arbitration: Ahmedabad, Gujarat, India;
Language of arbitration: English;
Number of arbitrators: one (1) sole arbitrator mutually agreed by the parties, or if not agreed within 15 days, appointed under the Arbitration and Conciliation Act 1996;
Arbitrator qualification: the arbitrator shall have legal or technology industry expertise relevant to the dispute;
The arbitration award shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.
19.4 Exceptions to Arbitration
Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration, including: prevention of IP theft; prevention of Platform misuse; enforcement of confidentiality obligations. Such relief shall not be construed as a waiver of the right to arbitrate.
19.5 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. If this class action waiver is found to be unenforceable in any jurisdiction for any claim, then the arbitration agreement shall not apply to that claim, and such claim shall be resolved by a competent court.
19.6 Jurisdiction for Court Proceedings
To the extent any dispute is not subject to arbitration (including under Section 19.4 or where arbitration is found unenforceable), you submit to the exclusive jurisdiction of the courts located in Ahmedabad, Gujarat, India. If you are a consumer in the European Union or United Kingdom, you retain any mandatory statutory rights to bring proceedings in the courts of your country of residence.
19.7 Consumer Rights Preservation
Nothing in this Section 19 operates to deprive any consumer of their mandatory statutory rights under applicable consumer protection law, including the Consumer Protection Act 2019 (India), EU Consumer Rights Directive, or UK Consumer Rights Act 2015. Consumers in applicable jurisdictions retain the right to approach relevant consumer redressal forums and authorities notwithstanding the arbitration clause.
ACCEPTABLE USE OF PLATFORM DATA AND ANTI-COMPETITIVE CONDUCT
You agree that any data, outputs, reports, scores, analyses, or other information generated by the Platform and provided to you ('Platform Outputs') are licensed (not sold) to you for internal business use only. You may not:
Share Platform Outputs with any competitor of the Company;
Use Platform Outputs to develop, train, or improve any competing AI hiring or screening product;
Publish, publicly disclose, or use Platform Outputs in any competitive benchmarking or analysis without the Company's prior written consent;
Assign, transfer, or sub-licence Platform Outputs to any third party, except that Employer Users may share candidate assessment reports with their own internal hiring stakeholders in the ordinary course of hiring.
NOTICES AND COMMUNICATIONS
Notices from the Company to you will be provided by: email to your registered address; or in-platform notification. Notices from you to the Company must be sent by email to connect@parikshak.ai and are deemed received upon the Company's written acknowledgement. The Company will acknowledge notices within 5 business days. Legal notices and notices of dispute must be sent by email with read-receipt or by registered post to the Company's registered address.
You consent to receive electronic communications from the Company, including service updates, billing notifications, and important legal notices. Such communications satisfy any legal requirement that communications be in writing.
GENERAL PROVISIONS
22.1 Entire Agreement
These Terms, together with the Privacy Policy, Refund Policy, and any separately executed enterprise or service agreement, constitute the entire agreement between you and the Company in relation to the Platform and supersede all prior oral or written agreements, representations, and understandings.
22.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.
22.3 Waiver
No failure or delay by the Company in exercising any right under these Terms shall operate as a waiver of that right. No waiver shall be effective unless made in writing and signed by an authorised representative of the Company.
22.4 Assignment
You may not assign, transfer, or sub-licence any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign these Terms in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of its assets, provided that the assignee assumes all of the Company's obligations hereunder. Notice of assignment will be provided to you.
22.5 No Third-Party Beneficiaries
These Terms are for the sole benefit of you and the Company and their respective permitted successors and assigns. Nothing in these Terms creates any right, benefit, or remedy in favour of any other person.
22.6 Relationship of Parties
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between the parties. The Company is not your employer, recruiter, or employment agent.
22.7 Language
These Terms are drafted in the English language. If translated into any other language, the English version shall prevail in the event of any inconsistency.
22.8 Headings
Section headings are for convenience only and do not affect interpretation.
GRIEVANCE
In accordance with the Information Technology Act 2000 and rules made thereunder, the Company designates the following Grievance Officer for the purposes of addressing complaints and grievances from users in India:
Grievance Officer: Designated Officer, Edunova Innovation Lab Private Limited
Email: connect@parikshak.ai
Response Timeframe: The Grievance Officer shall acknowledge receipt of any complaint within 24 hours and resolve the complaint within 30 days of receipt.
CONTACT INFORMATION
For any questions, concerns, or notices regarding these Terms, please contact:
Edunova Innovation Lab Private Limited
Operating as: Parikshak.ai
Email: connect@parikshak.ai
Website: www.parikshak.ai
Registered Office: Ahmedabad, Gujarat, India
For data protection queries: connect@parikshak.ai (attn: Data Protection)
For billing disputes: connect@parikshak.ai (attn: Billing)
For legal and compliance notices: connect@parikshak.ai (attn: Legal)