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Legal Terms

These Legal Terms supplement and form part of the Niyukti.ai Terms and Conditions (“Terms”). They address additional legal protections, compliance obligations, and risk allocations specific to our AI-powered SaaS platform for recruitment and human capital management. In case of conflict, these Legal Terms prevail over the Terms.

By using the Services, you agree to these Legal Terms. Capitalized terms used herein have the meanings in the Terms.

1. Compliance with Laws

1.1 Global Compliance

You are solely responsible for ensuring your use of the Services complies with all applicable laws in your jurisdiction, including but not limited to:

  • Employment and labor laws (e.g., anti-discrimination, equal opportunity, wage/hour rules).
  • Data protection and privacy laws (e.g., GDPR, CCPA/CPRA, PIPEDA, LGPD, or equivalents).
  • Consumer protection laws.
  • AI and algorithmic transparency regulations (e.g., EU AI Act, where applicable).
  • Export control and sanctions laws (e.g., U.S. EAR, OFAC).

We do not provide legal advice. Consult qualified counsel for compliance.

1.2 High-Risk Use Prohibited

Services may not be used for “high-risk” decisions under applicable AI laws, such as:

  • Critical infrastructure, life/health safety, or welfare decisions.
  • Automated decisions with legal effects without human oversight.

You indemnify us against claims arising from non-compliant or high-risk use.

2. Data Processing Addendum (DPA)

2.1 Roles

  • You (Controller): Determine purposes and means of processing personal data via Services.
  • Us (Processor): Process data only per your documented instructions.

2.2 Processing Details

We process personal data (e.g., names, resumes, video interviews, assessments) for providing Services, including AI analysis. Categories include candidates, employees, and your personnel. Processing occurs globally via cloud providers (e.g., AWS, GCP).

2.3 Processor Obligations

  • Implement technical/organizational measures for security (e.g., encryption, access controls).
  • Confidentiality: Personnel bound by NDA-equivalent duties.
  • Sub-processors: We may use affiliates/third parties (list available on request); you may object reasonably.
  • Data Breach: Notify you without undue delay; assist in breach response.
  • Audits: Upon reasonable request, provide evidence of compliance (max 1/year).
  • International Transfers: Use Standard Contractual Clauses (SCCs) or equivalents for restricted transfers.

2.4 Your Obligations

  • Provide lawful basis/consents for data (e.g., candidate opt-in for AI interviews).
  • Respond to data subject requests (e.g., access, deletion).
  • Maintain data accuracy; notify us of inaccuracies.
  • Ensure data minimization and retention limits.

2.5 Deletion/Return

Upon termination, we delete/return data within 30 days per your request (fees may apply).

Full DPA available upon execution of subscription agreement.

3. Representations and Warranties

3.1 Your Warranties

You represent and warrant that:

  • All User Content is lawfully obtained with consents.
  • You have rights to grant licenses in Section 3 of the Terms.
  • Your use does not infringe third-party rights.
  • Inputs to AI (e.g., prompts, test questions) are non-discriminatory and accurate.

3.2 Our Warranties

  • Services will materially conform to documentation.
  • We will perform as the processor per DPA.
  • Limited remedies: For material breaches, refund pro-rated fees or use commercially reasonable efforts to correct.

DISCLAIMER: EXCEPT AS EXPRESSLY STATED, NO OTHER WARRANTIES, EXPRESS OR IMPLIED.

4. Enhanced Indemnification

You will defend, indemnify, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your User Content or data processing.
  • Violations of laws or these Legal Terms/Terms.
  • AI outputs used in employment decisions (e.g., discrimination claims).
  • Candidate/employee disputes.

Our indemnification rights survive termination indefinitely.

5. Insurance

Business users shall maintain adequate insurance for cyber liability, errors & omissions (E&O), and employment practices liability, covering use of Services. Provide proof upon request.

6. Export and Sanctions Compliance

Services may not be accessed from embargoed countries or by prohibited persons/entities. You comply with all export/import laws. Violation constitutes a material breach.

7. Force Majeure

Neither party is liable for delays due to events beyond reasonable control (e.g., natural disasters, war, pandemics, internet failures), excluding payment obligations.

8. U.S. Government Users

Services provided as “commercial item” per FAR 12.212/52.212-4. Technical data subject to DFARS 252.227-7015.

9. Third-Party Integrations

We may integrate with third-party services (e.g., Zoom for interviews, ATS systems). Your use is governed by their terms; we are not liable for them.

10. Remedies

  • Equitable Relief: Each party is entitled to injunctive relief for IP breaches without bond/posting.
  • Cumulative: Remedies non-exclusive.

11. Updates to Legal Terms

Material changes notified as per Terms. Certain changes (e.g., DPA updates) may require opt-in consent.

12. Contact and Notices

Legal notices to: info@niyukti.ai. Your notices must be written to the same address.

Acknowledgment: These Legal Terms are critical protections for all parties. Review carefully.