By using or accessing the Hirism service (as defined below), you ("you" or "your") agree to be bound by these Terms of Service (these "Terms") between you (or the entity you represent) and Winversed Technologies Private Limited, a company incorporated and registered in India with its registered office at SITE No: 126, 2nd FLOOR, RNS PLAZA, KIADB LAYOUT Phase-2, Electronics City, Bangalore- 560100, Karnataka, India ("Winversed", "we", "us", or "our"). If you represent an entity, you confirm you have authority to bind that entity and its affiliates to these Terms.
In these Terms:
By clicking "accept", registering for, accessing or using the Service (or by authorising any User to do so), you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
Subject to your compliance with these Terms, Winversed grants you a non-exclusive, non-transferable, non-sublicensable right to use the Service during the subscription term, solely for your internal business purposes.
You are responsible for:
You must not:
These restrictions mirror standard SaaS terms such as found in other recruitment-software provider terms.
If you are granted a Free Trial, the Service is provided on an "as-is" basis at no charge for the trial period, unless otherwise specified. At or before the end of the trial you may convert to a paid subscription. Winversed reserves the right to modify, suspend or terminate the Free Trial at any time. Any data entered during the Free Trial may be lost if you do not convert to a paid subscription.
The fees for the Service are set out in your Order Form or our published pricing. All fees are non-refundable except as expressly provided in these Terms or an Order Form.
You will pay all fees and taxes (e.g., GST) and any late fees as specified. If payment is not received when due, we may suspend or terminate your access to the Service.
Unless the Order Form states otherwise, your subscription will automatically renew at the end of each term for the same period unless you give us written notice of non-renewal at least [30] days before the end of the then-current term. We may increase our fees for renewal terms, but we will give you [30] days' prior notice.
If you fail to pay any amounts when due, we may suspend your access to the Service until payment is made. We will notify you of the suspension.
You retain all rights, title and interest in and to the Content you submit via the Service. We may access, copy, store, transmit, and back-up such Content to provide the Service to you.
Our collection, use and disclosure of your personal data is governed by our Privacy Policy.
We maintain technical, administrative and organisational measures to protect the Service and Content consistent with industry standards. However, we cannot guarantee the Service will be free from vulnerabilities, and you are responsible for ensuring your own internal security and use of the Service.
You agree to use the Service in accordance with applicable data-protection and privacy laws. You are responsible for obtaining all necessary consents, notices and authorisations required for your and your Users' use of the Service and processing of Content. If you are uploading or processing personal data of third parties (candidates, clients, etc.), you must ensure you have the right to do so.
Upon termination or expiration of your subscription, you may export your Content within [30] days (or such other period specified) after which we may permanently delete it, unless otherwise required by law or an Order Form.
You will ensure that:
8.1 All rights, title and interest in and to the Service (including all software, documentation, trademarks, logos, data-centres, interfaces, updates, enhancements, and underlying intellectual property) belong to Winversed or its licensors.
8.2 You are granted only the rights expressly provided in these Terms. No other rights or licenses (whether by implication, estoppel, or otherwise) are granted.
8.3 You retain ownership of your Content but grant us a worldwide, non-exclusive, royalty-free licence to use, copy, modify, transmit and store the Content as reasonably necessary to provide, improve and secure the Service.
The Service may integrate with or link to third-party services or applications. Your use of such third-party services is subject to their terms and you assume all risk associated with such third-party links. We are not responsible or liable for any act or omission of any third-party service or application.
We warrant that we will provide the Service materially in accordance with the documentation. However, we do not warrant that the Service will be uninterrupted, error-free or completely secure.
Except for the limited warranty above, the Service is provided as-is and as available. We expressly disclaim all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement or quiet enjoyment.
In no event will Winversed or its affiliates be liable for any indirect, incidental, special, consequential or punitive damages whatsoever (including, without limitation, loss of profits, loss of business, interruption of business, loss of data) arising out of or related to your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages. Our aggregate liability to you for any cause arising out of or relating to the Service will in no event exceed the fees you actually paid to Winversed under the applicable Order Form in the 12-month period immediately preceding the event giving rise to liability.
You agree to indemnify, defend and hold harmless Winversed and its officers, directors, employees, agents and licensors from and against all claims, liabilities, damages, losses, costs and expenses (including legal fees) arising from your use of the Service, your Content, your violation of these Terms, or your infringement of third-party rights.
11.1 "Confidential Information" means non-public information disclosed by one party to the other marked as confidential or that reasonably should be understood to be confidential.
11.2 Each party will keep the other's Confidential Information in strict confidence, not disclose it to third parties except as provided in these Terms, and use it only to fulfil its obligations under these Terms.
11.3 This Section does not apply to information that: (a) is or becomes public through no fault of the receiving party; (b) the receiving party rightfully knew before disclosure; (c) is rightfully received from a third party without confidentiality obligations; or (d) is required to be disclosed by law (in which case the receiving party will notify the other party where legally permissible).
We may suspend your access (in whole or part) to the Service at our discretion if: (i) you breach these Terms; (ii) there is a threat to the security or integrity of the Service; or (iii) you fail to pay fees when due.
You may terminate the Order Form or subscription by giving us written notice [at least 30 days prior to renewal date] (or as set out in the Order Form).
We may terminate the Service or your Account by giving you notice (in some cases immediately) if you materially breach these Terms and fail to cure within [30] days (or such shorter period as may be appropriate) after notice of breach.
Upon termination:
We may change or discontinue the Service (or any part thereof) at any time, with or without notice. We may amend these Terms from time to time. When we do so we will provide you with notice (for example by email or via the Service) of changes that materially affect your rights. Your continued access or use of the Service after the effective date of changes constitutes your acceptance of the new Terms.
These Terms, their subject matter and formation (and any non-contractual obligations arising out of them) are governed by the laws of India. The courts of Bangalore, Karnataka, India shall have exclusive jurisdiction over any dispute arising under or in connection with these Terms.
15.1 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or successor.
15.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary and will not affect the remainder of these Terms.
15.3 No Waiver. No failure or delay by either party to exercise a right under these Terms will constitute a waiver of that right.
15.4 Entire Agreement. These Terms (together with the Order Form, Privacy Policy and any other documents referenced herein) constitute the entire agreement between you and Winversed with respect to the Service, and supersede all prior or contemporaneous agreements, understandings, communications and proposals (whether oral or written).
15.5 Relationship of Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment or franchise relationship between you and us.
15.6 Force Majeure. Neither party will be liable for any failure or delay in performance under these Terms to the extent caused by acts or events beyond its reasonable control (such as natural disaster, war, terrorism, labour disturbance, network failures, governmental action).
If you have any questions about these Terms, please contact us at:
WINVERSED TECHNOLOGIES PRIVATE LIMITED
Site No:- 126, 2nd Floor,
RNS Plaza, KIADB Layout
PHASE 2, Electronics City,
Bangalore South Bangalore, Karnataka 560100
Email: legal@hirism.com or info@hirism.com