Welcome to Niyukti.ai, a global SaaS platform for AI-powered human capital management and recruitment. These Terms and Conditions are a binding legal agreement between you (“User,” “you,” or “your”) and the operator of Niyukti.ai (“we,” “us,” or “our”). They govern your access to, and use of, the Niyukti.ai website (https://niyukti.ai), mobile applications, AI tools, APIs, and all related services, features, content, and functionalities (collectively, the “Services”).
By accessing the Services, creating an account, subscribing, or otherwise using any part of the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease all use of the Services. We reserve the right to modify these Terms at any time. We will notify you of material changes via email, in-app notification, or by posting the updated Terms on the Platform. Your continued use of the Services after such notice constitutes acceptance of the revisions. It is your responsibility to check these Terms periodically for changes.
These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy (if applicable), and any other policies referenced herein.
1. Eligibility and Account Registration
1.1 Eligibility
To use the Services, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater).
- Have the legal capacity to enter into binding contracts.
- Not be prohibited from using the Services under applicable law.
- For business users (e.g., employers or HR teams), be authorized to bind your organization to these Terms.
By using the Services, you represent and warrant that you meet all eligibility requirements.
1.2 Account Creation and Security
- You must create an account to access certain features (e.g., posting jobs, conducting AI interviews, managing candidate data).
- Provide accurate, current, and complete information during registration and keep it updated.
- You are solely responsible for maintaining the confidentiality of your login credentials (username, password, API keys).
- Notify us immediately at support@niyukti.ai of any unauthorized access or use.
- You are liable for all activities conducted through your account, whether authorized or not.
- We reserve the right to suspend, disable, or terminate your account at any time for any reason, including violations of these Terms, suspected fraud, or non-payment, with or without notice.
2. Description of Services
The Services provide AI-driven tools for recruitment and HR management, including but not limited to:
- Resume parsing, candidate tracking, and shortlisting.
- AI-conducted interviews (one-on-one or mass), with video/audio recording, behavioral analysis, technical assessments, and automated scoring.
- Employee data management, offer letter generation, and onboarding workflows.
- Analytics dashboards, reporting, and integration APIs.
- Customizable interview prompts, skill tests, and performance benchmarks.
Subscriptions are offered in tiers (e.g., free trial, basic, pro, enterprise) with varying limits on users, interviews, storage, and features. All Services are provided on a subscription basis, subject to payment.
AI Limitations: AI tools generate insights based on algorithms, machine learning models, and your inputs. Outputs may contain errors, biases, or inaccuracies. They are for informational purposes only and do not constitute professional advice, employment decisions, or guarantees of candidate suitability.
3. User Content and Licenses
3.1 Your Content
“User Content” includes any data you upload, submit, or generate via the Services, such as resumes, job postings, interview prompts, candidate videos, employee records, and feedback.
- You retain ownership of your User Content.
- You represent and warrant that your User Content: (a) is accurate and complete; (b) does not violate any third-party rights (e.g., privacy, IP, publicity); (c) complies with all applicable laws (e.g., anti-discrimination, data protection); and (d) does not contain harmful code (e.g., viruses).
- For candidate data (e.g., videos, responses), you must obtain all necessary consents and comply with privacy laws before uploading.
3.2 Licenses Granted
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, perpetual license to:
- Host, store, process, analyze, and display your User Content as needed to provide the Services.
- Use anonymized aggregates of User Content to train, improve, and develop our AI models and Services.
- Feature anonymized case studies or testimonials (with your prior consent).
We may delete User Content upon termination or at our discretion.
4. Prohibited Conduct and Acceptable Use
You agree not to, directly or indirectly:
- Use the Services for illegal purposes or in violation of any law (e.g., labor, privacy, anti-spam).
- Post discriminatory, harassing, defamatory, or fraudulent content (e.g., fake jobs, biased prompts).
- Reverse-engineer, decompile, or attempt to derive our source code, algorithms, or AI models.
- Scrape, crawl, or extract data without permission; use bots or automated tools excessively.
- Share account credentials or allow unauthorized access.
- Transmit malware, spam, or interfere with the Services.
- Use Services to process sensitive personal data (e.g., health, biometrics) without explicit safeguards and consents.
- Exceed subscription limits (e.g., interview quotas).
Violations may result in immediate account suspension, content removal, and legal action. We may report illegal activity to authorities.
5. Payments, Billing, and Subscriptions
5.1 Fees
- Fees are detailed on our pricing page and apply per subscription tier.
- All fees are non-refundable, except as required by law or explicitly stated (e.g., pro-rated refunds for mid-term cancellations in some plans).
- Subscriptions auto-renew monthly/annually unless canceled at least 3 days prior via account settings.
- Payments via credit card, debit, ACH, or supported gateways (e.g., Stripe). You authorize recurring charges.
5.2 Billing Terms
- Overdue payments accrue 1.5% monthly interest or the maximum allowed by law.
- We may suspend Services for non-payment after 7 days’ notice.
- Taxes (GST/VAT/sales) are your responsibility unless included.
- Free trials convert to paid unless canceled.
5.3 Price Changes
We may adjust fees with 30 days’ notice. Existing subscribers retain current rates until renewal.
6. Intellectual Property Rights
- The Services, including all text, graphics, logos, AI models, software, APIs, and outputs, are our exclusive property or that of our licensors, protected by copyright, trademark, patent, and trade secret laws.
- Subject to these Terms and payment, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business purposes during your subscription.
- No other rights are granted. You may not copy, modify, distribute, sell, or create derivatives without written consent.
7. Disclaimers and Warranties
7.1 No Warranties
- Services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement.
- AI outputs are probabilistic and may be incorrect, incomplete, biased, or harmful. Always verify manually.
- We do not endorse candidates, job postings, or decisions made using the Services.
- Third-party integrations (e.g., calendars, email) are not warranted.
7.2 AI-Specific Disclaimers
- AI does not replace human judgment. We are not liable for employment decisions, rejections, hires, or disputes arising from AI use.
- Models may reflect training data biases; we work to mitigate but provide no guarantees.
8. Limitation of Liability and Indemnification
8.1 Limitation
To the fullest extent permitted by law:
- Our total aggregate liability shall not exceed the fees you paid us in the 12 months preceding the claim (minimum CAD/USD/EUR 100).
- We are not liable for indirect, incidental, consequential, special, or punitive damages (e.g., lost profits, data loss, business interruption, hiring costs).
- No liability for User Content, third-party actions, or force majeure events (e.g., outages, cyberattacks).
8.2 Indemnification
You agree to indemnify, defend, and hold us harmless from all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from: (a) your User Content; (b) your violation of these Terms or laws; (c) your use of the Services; or (d) disputes with candidates, employees, or third parties.
9. Privacy and Data Protection
Your use of the Services is governed by our Privacy Policy [insert link]. We collect and process personal data (e.g., resumes, video interviews) in accordance with applicable laws (e.g., GDPR, CCPA, PIPEDA). You are the data controller; we act as a processor where applicable. Ensure you have lawful bases for processing.
10. Termination and Suspension
10.1 By You
Cancel anytime via the account dashboard. Paid time may be prorated if eligible.
10.2 By Us
We may suspend (immediately) or terminate (with notice) for: (a) material breaches; (b) non-payment; (c) safety risks; or (d) at our discretion.
- Upon termination, access ends; we may delete data after 30 days (or immediately for violations).
- Sections surviving termination: IP, liability, indemnification, governing law.
11. Governing Law, Disputes, and Arbitration
11.1 Governing Law
These Terms are governed by the laws, excluding conflict of laws rules.
11.2 Disputes
- Informal Resolution: Contact info@niyukti.ai before formal action.
- Arbitration: Disputes (except IP claims) resolved via binding arbitration under [AAA/JAMS/ICDR] rules, before one arbitrator. Class actions waived.
- Courts: Small claims excepted; otherwise, exclusive jurisdiction in courts.
12. Miscellaneous
- Entire Agreement: These Terms are the full agreement; supersedes prior understandings.
- Severability: Invalid provisions do not affect the rest.
- No Waiver: Failure to enforce does not waive rights.
- Assignment: We may assign; you may not without consent.
- Export Controls: Comply with all export laws.
- Third-Party Links: Not responsible for external sites.
- Force Majeure: Excused for uncontrollable events.
- Contact: Questions? info@niyukti.ai.
