TERMS AND CONDITIONS
1. Definitions
In these Terms, the following capitalized terms shall have the meanings set out below, unless the context requires otherwise:
- "Account" means the registered profile created by a User to access the Services.
- "Authorized User" means an individual authorized by a Recruiting Organization to access the Platform on its behalf, such as a recruiter, hiring manager, or administrator.
- "Candidate" means an individual who uses the Platform to apply for, or participate in, a recruitment, interview, or assessment process facilitated by a Recruiting Organization.
- "Candidate Content" means any responses, video or audio recordings, resumes, profile details, assessment answers, or other information submitted by a Candidate through the Platform.
- "Recruiting Organization" or "Employer" means any company, agency, or other entity that subscribes to or uses the Services to source, screen, interview, assess, or otherwise evaluate Candidates.
- "Recruiting Organization Content" means job descriptions, interview questions, evaluation criteria, branding, and other content or data uploaded or configured by a Recruiting Organization.
- "Your Content" means, collectively, Candidate Content and Recruiting Organization Content, and any other data, materials, or information submitted by You to the Platform.
- "Subscription Term" means the period during which a Recruiting Organization is entitled to access the Services, as specified in the applicable order form, subscription plan, or invoice.
- "AI Features" means any functionality within the Platform that uses machine learning, natural language processing, computer vision, or similar automated technology to transcribe, score, rank, summarize, or otherwise evaluate Candidate Content.
2. About the Platform
WorkGlide is a cloud-based, AI-assisted hiring platform that enables Recruiting Organizations to manage end-to-end recruitment workflows, including job posting, candidate sourcing, resume screening, scheduling, structured and video-based interviews, psychometric and skills assessments, and candidate communication, and enables Candidates to apply for roles, complete assessments, and participate in interviews facilitated by Recruiting Organizations.
The Services are intended for use by organizations and individuals in a professional or business capacity as part of a recruitment process, and are not intended for general personal, family, or household use.
Where the Platform includes AI Features, such features are intended to assist, not replace, human judgment. WorkGlide does not make final hiring decisions. All hiring, shortlisting, rejection, and related employment decisions remain the sole responsibility of the Recruiting Organization.
WorkGlide may enable Recruiting Organizations and their Authorized Users to communicate with Candidates over WhatsApp or similar instant-messaging channels as part of the Platform's candidate communication functionality. Such WhatsApp communication shall be used solely for the purpose of job screening, including sharing job or interview details, scheduling interviews or assessments, sending assessment or interview links, requesting or providing screening-related documents or information, and communicating application status. WhatsApp communication through the Platform shall not be used for any marketing, promotional, unrelated commercial, or personal communication with Candidates. Recruiting Organizations remain responsible for ensuring that any WhatsApp communication sent to Candidates through or in connection with the Platform complies with this restriction and with applicable law.
3. Eligibility and Account Registration
To use the Services, you must be at least 18 years of age (or the age of majority in your jurisdiction) and capable of entering into a binding contract. If you are accessing the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
When you create an Account, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify us immediately at contact@techxenos.com of any unauthorized use of your Account or any other breach of security.
Recruiting Organizations may create sub-accounts for individual Authorized Users. The Recruiting Organization remains responsible for the acts and omissions of its Authorized Users under these Terms.
4. Acceptable Use
You agree not to use the Platform to:
- Engage in any unlawful, fraudulent, deceptive, or harmful activity, or violate any applicable law or regulation, including employment, data protection, or anti-discrimination laws.
- Upload or transmit any virus, malware, or other harmful code, or attempt to gain unauthorized access to any part of the Platform, other Accounts, or connected systems.
- Reverse engineer, decompile, copy, or attempt to derive the source code, algorithms, or underlying models of the Platform, except to the extent such restriction is prohibited by applicable law.
- Scrape, harvest, or extract data from the Platform using automated means without our prior written consent.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Post or transmit content that is defamatory, obscene, harassing, discriminatory, or that infringes any third party's intellectual property or privacy rights.
- Use the Platform to send unsolicited communications, spam, or engage in any activity that degrades the Platform for other Users.
- Use the Services to build a competing product or service.
We reserve the right, but not the obligation, to investigate and take appropriate action against any User who violates this section, including suspending or terminating the Account and removing any offending content, without prior notice.
5. Your Content and License Grants
As between you and WorkGlide, you retain all ownership rights in Your Content. You grant WorkGlide a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, and process Your Content solely to the extent necessary to provide, maintain, and improve the Services, and to comply with applicable law.
You represent and warrant that: (a) you own or have obtained all necessary rights and consents to submit Your Content. (b) Your Content does not infringe or violate the rights of any third party (c) where Candidate Content includes personal data of the Candidate, the Recruiting Organization has obtained all legally required consents for its collection and use, and WorkGlide will provide reasonable mechanisms within the Platform to facilitate the collection of such consent.
WorkGlide does not endorse, and is not responsible for, the accuracy, completeness, or legality of Your Content. WorkGlide may remove or disable access to any content that it reasonably believes violates these Terms or applicable law.
Recruiting Organizations acknowledge that all evaluation criteria, interview questions, and hiring or rejection decisions are configured or made at the sole discretion of the Recruiting Organization, and WorkGlide's AI Features provide analytical support only. WorkGlide shall not be held responsible for any hiring or employment-related decision made by a Recruiting Organization.
6. Intellectual Property
The Platform, including its software, algorithms, models, design, text, graphics, logos, and all related intellectual property (excluding Your Content), is owned by WorkGlide or its licensors and is protected under applicable intellectual property laws. Subject to your compliance with these Terms, WorkGlide grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform solely for your internal business or personal recruitment-related purposes, during the applicable Subscription Term.
Except as expressly permitted under these Terms, you shall not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Platform, nor remove any proprietary notices from any part of the Services.
"WorkGlide", the WorkGlide logo, and other marks used on the Platform are trademarks of WorkGlide. You may not use these marks without our prior written consent.
7. Subscription, Fees, and Payment
Access to certain features of the Platform by Recruiting Organizations is subject to payment of fees as set out in the applicable order form, pricing plan, or invoice ("Fees"). Unless otherwise stated, Fees are quoted in Indian Rupees (INR) and are exclusive of applicable taxes, which shall be borne by the Recruiting Organization.
Fees are payable in advance for the applicable Subscription Term and are non-refundable except as expressly stated in these Terms or as required by applicable law. We reserve the right to change our Fees on renewal, with prior notice to the Recruiting Organization.
Failure to pay Fees when due may result in suspension or termination of access to the Services. Candidates are not charged any fee to apply for roles or participate in interviews and assessments through the Platform unless expressly stated otherwise.
8. Data Protection and Privacy
WorkGlide processes personal data in accordance with our Privacy Policy, available at [link to Privacy Policy], and, where applicable, the Digital Personal Data Protection Act, 2023, and other applicable data protection laws. By using the Services, you consent to the collection, use, storage, and processing of information as described in the Privacy Policy.
Recruiting Organizations act as the data controller (or "Data Fiduciary" under Indian law) in respect of Candidate personal data collected through the Platform for their own recruitment purposes and are responsible for ensuring that they have a valid legal basis to collect and process such data, including where required, Candidate consent. WorkGlide acts as a data processor (or "Data Processor") and processes such data solely on behalf of, and as instructed by, the relevant Recruiting Organization, and in accordance with a data processing addendum where applicable.
Where the Platform involves cross-border data transfer (for example, hosting on servers located outside a User's home jurisdiction), you acknowledge and agree to such transfer, which shall in all cases be carried out with appropriate safeguards as required under applicable law.
9. Security heading
WorkGlide implements and maintains reasonable technical and organizational security measures designed to protect Your Content and personal data against unauthorized access, alteration, disclosure, or destruction, consistent with industry standards. However, no method of transmission or storage is completely secure, and WorkGlide cannot guarantee absolute security. Except where arising from our negligence, willful misconduct, or breach of these Terms, WorkGlide shall not be liable for unauthorized access to or alteration of Your Content.
10. AI Features and Automated Processing
Where the Platform offers AI Features such as automated resume screening, interview transcription, scoring, or candidate ranking, such features are provided on an "assistive" basis to support, not substitute, human decision-making by the Recruiting Organization.
- WorkGlide will make reasonable efforts to ensure AI Features operate fairly and are tested for reliability but does not warrant that outputs will be error-free, unbiased, or suitable for any particular purpose.
- Recruiting Organizations are responsible for independently reviewing AI-generated outputs before relying on them for any material employment decision, and for complying with all applicable laws relating to automated decision-making, equal opportunity, and non-discrimination in employment.
- Candidates may, where required by applicable law, be entitled to request information about, or seek human review of, automated assessments that materially affect them; such requests should be directed to the relevant Recruiting Organization in the first instance.
11. Availability of Services
We aim to keep the Platform available at all times, but do not guarantee uninterrupted or error-free access. Access may be suspended temporarily and without notice for scheduled maintenance, upgrades, or reasons beyond our reasonable control (including internet or third-party service failures).
12. Term and Termination
These Terms take effect when you first access or register for the Services and remain in effect until terminated as set out in this section.
Recruiting Organizations may terminate their subscription in accordance with the terms of their applicable order form. WorkGlide may suspend or terminate your access to the Services, with or without notice, if: (a) you breach any material provision of these Terms; (b) required to do so by law; (c) your Subscription Term expires or is not renewed; or (d) continued provision of the Services to you could, in our reasonable judgment, expose WorkGlide to legal liability.
Upon termination, your right to access the Platform will cease immediately. Provisions of these Terms which by their nature should survive termination (including but not limited to Sections 6, 8, 13, 14, 15, and 17) shall survive.
13. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WORKGLIDE DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY OUTPUT, SCORE, RECOMMENDATION, OR ASSESSMENT GENERATED THROUGH THE PLATFORM.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKGLIDE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO APPLICABLE LAW, WORKGLIDE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY THE RECRUITING ORGANIZATION TO WORKGLIDE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION SHALL NOT APPLY TO LIABILITY ARISING FROM WORKGLIDE'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF CONFIDENTIALITY OR DATA PROTECTION OBLIGATIONS TO THE EXTENT SUCH EXCLUSION IS NOT PERMITTED BY LAW.
15. Indemnification
You agree to defend, indemnify, and hold harmless WorkGlide and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your breach of these Terms; (b) Your Content; (c) your violation of any applicable law; or (d) any dispute between you and another User, including any employment-related dispute between a Recruiting Organization and a Candidate. WorkGlide will defend, indemnify, and hold you harmless from third-party claims alleging that your authorized use of the Platform, as permitted under these Terms, infringes such third party's intellectual property rights, subject to prompt notice, WorkGlide's sole control of the defense, and your reasonable cooperation.
16. Non-Endorsement and Release
WorkGlide provides tools that facilitate interaction between Recruiting Organizations and Candidates. We do not control, and are not responsible for, the conduct of any User, or the accuracy, legality, or appropriateness of any content generated or communicated by Users through the Platform. WorkGlide does not endorse any Recruiting Organization, job posting, or Candidate profile. You release WorkGlide from any claims arising from your interactions with other Users of the Platform, to the fullest extent permitted by law.
17. Confidentiality
Each party agrees to protect the other party's confidential information disclosed in connection with the Services with the same degree of care it uses for its own confidential information of similar nature, but in no event less than reasonable care, and not to disclose such information to third parties except as necessary to perform its obligations under these Terms or as required by law.
18. Third-Party Links and Integrations
The Platform may contain links to, or integrations with, third-party websites, applications, or services that are not owned or controlled by WorkGlide. WorkGlide is not responsible for the content, privacy practices, or terms of any third-party service. Your use of any third-party service is at your own risk and subject to that third party's own terms.
19. Changes to These Terms
We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date above, or, where required by law, through direct notice. Your continued use of the Services after the effective date of any change constitutes your acceptance of the revised Terms.
20. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiation between the parties. If not resolved within thirty (30) days, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, seated at Bengaluru, conducted in the English language, by a sole arbitrator appointed by mutual agreement of the parties. Subject to the foregoing, the courts at Bengaluru shall have exclusive jurisdiction over any matters not subject to arbitration. The parties agree that the arbitration proceedings, including the hearings, may be conducted virtually via video conferencing or other electronic means at the discretion of the arbitrator.
Notwithstanding the agreement to arbitrate, Provider reserves the right to seek:
- Immediate injunctive or equitable relief from any court of competent jurisdiction to prevent the unauthorized use, modification, or disclosure of its intellectual property, confidential information, or SaaS platform.
- Direct legal remedies through courts of competent jurisdiction for the collection of undisputed, unpaid subscription fees or invoices due from the Customer.
Subject to the arbitration agreement above, the courts at Bengaluru, India, shall have exclusive jurisdiction over all matters arising out of or in connection with these Terms.
21. Miscellaneous
21.1 Entire Agreement. These Terms, together with our Privacy Policy and any applicable order form, constitute the entire agreement between you and WorkGlide regarding the Services and supersede all prior agreements and understandings.
21.2 Assignment. You may not assign or transfer these Terms without our prior written consent. WorkGlide may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
21.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
21.4 Waiver. No failure or delay by WorkGlide in exercising any right under these Terms shall operate as a waiver of that right.
21.5 Force Majeure. Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, or governmental action.
21.6 Independent Contractors. The parties are independent contractors, and nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship.
21.7 Notices. Any notices under these Terms shall be sent: (a) to WorkGlide, by email to hello@workglide.ai; and (b) to you, by email to the address associated with your Account.
22. Contact Us
If you have any questions about these Terms, please contact us at:
TechXenos Private Limited. WeWork – Prohash Technologies, Embassy Tech Village, Block L, Outer Ring Rd, Bengaluru, Karnataka Email: contact@techxenos.com