Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and ElevateCareer.ai Learning Solutions Private Limited ("ElevateCareer.ai", "Company", "we", "us") governing your access to and use of our websites, web and mobile applications, AI assessment and interview tools, career guidance modules, dashboards, APIs, and related services (collectively, the "Platform").

By registering for, accessing, or using the Platform, you accept these Terms, our Privacy Policy, and our Data Collection Policy. If you are using the Platform on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" includes that organisation. If you do not agree, do not use the Platform.

For corporate, institutional, and government clients, a separately executed Master Service Agreement, Statement of Work, purchase order, or tender contract ("Client Agreement") will prevail over these Terms to the extent of any conflict.

2. Definitions

• "Candidate" — an individual undergoing an assessment or AI-assisted interview through the Platform.
• "Student" — a school student (Classes 6–12) using the career guidance platform with verifiable parental/guardian consent.
• "Client" — a corporate entity, educational institution, or government body procuring Platform services.
• "Assessment Output" — scores, reports, recommendation tiers, transcripts, and analyses generated by the Platform.
• "Content" — all text, software, designs, assessment instruments, question banks, frameworks, and materials available on the Platform.

3. Eligibility and Accounts

• Individuals must be 18 years or older to create an account independently. Students under 18 may use the Platform only through a school deployment or with verifiable parental/guardian consent as required under the Digital Personal Data Protection Act, 2023.
• You must provide accurate, current, and complete registration information and keep it updated.
• You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of any unauthorised use at [email protected].
• Accounts are personal (or organisation-specific) and non-transferable. Credential sharing for assessments is strictly prohibited.

4. Services Provided

The Platform provides, depending on your engagement:

• AI-assisted competency assessments, structured interviews, and evaluation reports for hiring and team-performance purposes;
• Career interest, aptitude, and guidance assessments for school students aligned with the National Education Policy 2020;
• Dashboards and analytics for Clients, schools, and government programmes;
• Training, skilling, and related professional services as contracted.
• We may modify, enhance, or discontinue features with reasonable notice, provided contracted service levels for Clients are honoured per the Client Agreement.

5. Nature of Assessment Outputs — Important Disclaimers

• Decision support, not decisions. Assessment Outputs are advisory inputs designed to support human decision-making. ElevateCareer.ai does not make, and shall not be deemed to have made, any hiring, rejection, promotion, admission, or selection decision. Final decisions rest solely with the Client or institution.
• No guarantee of outcomes. We do not guarantee employment, selection, interview calls, academic results, or career outcomes to any Candidate or Student.
• Validity scope. Assessments measure defined competencies under stated conditions. Outputs reflect performance at the time of assessment and should be interpreted with other relevant information.
• Career guidance is not professional counselling. Student guidance outputs are educational tools and do not substitute for professional psychological, medical, or legal counselling.

6. Candidate and Student Obligations

You agree to:

• Complete assessments honestly and independently, without impersonation, unauthorised assistance, AI tools (unless expressly permitted for the assessment), or access to prohibited materials;
• Not record, copy, photograph, reproduce, or distribute assessment questions, interview prompts, or proprietary instruments;
• Not attempt to reverse-engineer, probe, or manipulate the scoring engine, proctoring systems, or AI models;
• Consent to identity verification and, where notified, session recording and proctoring measures required for assessment integrity.
• Violations may result in invalidation of results, account suspension or termination, notification to the engaging Client, and legal action where warranted.

7. Client Obligations

Clients agree to:

• Use Assessment Outputs lawfully and in compliance with applicable employment, anti-discrimination, and data protection laws;
• Maintain meaningful human review over final selection decisions;
• Where the Client is the Data Fiduciary, provide all required notices to and obtain all required consents from Candidates before enrolling them, and issue lawful processing instructions to ElevateCareer.ai;
• Restrict access to Outputs to authorised personnel and use them only for the notified purpose;
• Not benchmark, resell, or expose the Platform or its outputs to competitors without written consent.

8. Government Engagements

For government Clients, the applicable tender terms, contract, and statutory requirements (including data residency, security audits, confidentiality, and inspection rights) shall govern in addition to these Terms. In case of conflict, the executed government contract prevails.

9. Intellectual Property

• The Platform, including its software, scoring engine, competency ontology, assessment instruments, question banks, reports formats, designs, and documentation, is owned by ElevateCareer.ai or its licensors and protected under applicable intellectual property laws.
• Clients receive a limited, non-exclusive, non-transferable licence to use the Platform and Outputs for their internal, notified purposes during the subscription term.
• Candidates and Students retain ownership of the personal content they submit (e.g., resumes). They grant us a limited licence to process such content to deliver the services described in our Privacy Policy.
• Feedback you provide may be used by us to improve the Platform without obligation or attribution.
• Nothing in these Terms transfers ownership of any party’s pre-existing intellectual property.

10. Data Protection

Our collection and processing of personal data is governed by our Privacy Policy and Data Collection Policy, in compliance with the DPDP Act, 2023 and DPDP Rules, 2025. Where ElevateCareer.ai processes personal data on behalf of a Client, the parties shall execute a Data Processing Agreement reflecting the Client’s role as Data Fiduciary and our role as Data Processor.

11. Fees and Payment (Clients)

• Fees, billing cycles, and payment terms are specified in the Client Agreement or applicable order form.
• Unless otherwise agreed, invoices are payable within 30 days. Late payments may attract interest at 1.5% per month and suspension of services after notice.
• All fees are exclusive of GST and applicable taxes, which shall be charged additionally.
• Fees for consumed services, completed assessments, and elapsed subscription periods are non-refundable except as stated in the Client Agreement.

12. Acceptable Use

You shall not:

• Use the Platform for any unlawful, fraudulent, or discriminatory purpose;
• Upload malware, attempt unauthorised access, or disrupt Platform infrastructure;
• Scrape, crawl, or harvest data from the Platform;
• Use the Platform to build a competing product or to train competing models;
• Misrepresent affiliation with ElevateCareer.ai or misuse our marks;
• Upload content that is defamatory, obscene, infringing, or violates third-party rights.

13. Suspension and Termination

• You may stop using the Platform at any time; Clients may terminate per their Client Agreement.
• We may suspend or terminate access immediately for material breach, assessment malpractice, security risk, non-payment, or legal requirement, with notice where practicable.
• Upon termination, licences end, and data is handled per our retention schedule, the Client Agreement, and applicable law. Clients may request export of their data within 30 days of termination.
• Provisions relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnity, governing law, and dispute resolution survive termination.

14. Warranties and Disclaimers

• We warrant that services will be provided with reasonable skill and care and materially in accordance with documentation and the Client Agreement.
• Except as expressly stated, the Platform is provided "as is" and "as available", and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
• We do not warrant uninterrupted or error-free operation; scheduled maintenance and dependencies on third-party infrastructure may affect availability. Committed uptime, if any, is specified in the Client Agreement.
• Nothing in these Terms limits rights available to consumers under the Consumer Protection Act, 2019 that cannot be lawfully excluded.

15. Limitation of Liability

To the maximum extent permitted by law:

• Neither party shall be liable for indirect, incidental, consequential, special, or punitive damages, or for loss of profits, revenue, goodwill, or data;
• ElevateCareer.ai’s aggregate liability arising out of or related to the Platform shall not exceed the fees paid by the Client to us in the twelve (12) months preceding the claim, or, for non-paying individual users, INR 10,000;
• These limitations do not apply to liability arising from fraud, wilful misconduct, gross negligence, or breach of confidentiality or data protection obligations to the extent such liability cannot be limited under applicable law.

16. Indemnity

You agree to indemnify and hold harmless ElevateCareer.ai, its directors, officers, and employees from claims, damages, and costs (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your unlawful use of the Platform or Outputs, including discriminatory employment decisions made by a Client; (c) content you upload; or (d) your violation of applicable law or third-party rights.

17. Confidentiality

Each party shall protect the other’s confidential information with at least the same care it applies to its own (and no less than reasonable care), use it only for the purposes of the engagement, and disclose it only to personnel with a need to know, or as required by law with prompt notice where permitted.

18. Force Majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, epidemic, government action, internet or power infrastructure failure, provided the affected party gives notice and resumes performance promptly.

19. Governing Law and Dispute Resolution

• These Terms are governed by the laws of India.
• Parties shall first attempt good-faith resolution through written notice and senior-level discussion within 30 days.
• Unresolved disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed mutually, seated in Hyderabad, Telangana, conducted in English. Courts at Hyderabad shall have exclusive jurisdiction for interim relief and matters not arbitrable.
• Nothing prevents either party from seeking injunctive relief for IP or confidentiality breaches.

20. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, Data Collection Policy, and any Client Agreement, constitute the entire agreement.
• Severability: If any provision is held invalid, the remainder continues in effect.
• No Waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our written consent; we may assign to an affiliate or successor.
• Notices: Legal notices shall be sent to [email protected] and the registered office address, and to your registered email.
• Updates: We may amend these Terms with notice through the Platform or email; continued use after the effective date constitutes acceptance. Material changes affecting Client Agreements require consent per those agreements.

21. Grievance and Contact

Grievance Officer — Email: [email protected] · [email protected]. Address: Registered office, Hyderabad, Telangana, India.