Terms of Service — DRAFT (Company Customers)

Last updated: [date]. First draft for CA/lawyer review. Several fields are placeholders that depend on your business registration, which per your own confirmation is not complete yet — do not publish or reference this in a signed contract until those are filled in.

These Terms govern use of the [Product Name] platform (the "Service") by companies ("Customer", "you") for the purpose of creating and administering technical assessments for job candidates.

1. Who we are

[Company Legal Name], a [Pvt Ltd / LLP / proprietorship — once registered] registered at [registered address]. GST registration: [pending — not yet applicable].

Blocker: this section cannot be finalized until the business entity is registered (see ../STATUS.md). Do not send this document to a real customer with these fields still blank.

2. The Service

Access to a platform for building technical assessments (multiple-choice questions and live code-execution exercises), inviting candidates, and reviewing scored results, as described on our pricing page.

3. Accounts

You're responsible for the accuracy of the information you provide and for activity under your account's recruiter/admin seats. Notify us promptly of any unauthorized access.

4. Subscription and billing

• Plans and pricing are as published at [pricing page URL] or as agreed in a separate order form.
• Fees are billed [monthly/annually] in advance via our payment processor.
• GST: once we complete GST registration, invoices will include GST at the applicable rate (currently 18% for SaaS under SAC 9983); until then, prices are exclusive of any tax that may later apply. [Confirm actual invoicing approach with a CA before your first paying customer.]
• Fees are non-refundable except as required by law or explicitly stated in your order form.

5. Candidate data — your obligations as Customer

You confirm that:

• You have a lawful basis to invite candidates to take an assessment and to receive their results (typically, this is covered by your own candidate privacy notice as an employer — this Service is not a substitute for your own hiring-privacy compliance).
• You will not use assessment results in a way that violates applicable anti-discrimination or employment law.
• You will not attempt to extract, screenshot, or redistribute assessment question content in a way that compromises its integrity for future candidates.

6. Acceptable use

You (and candidates you invite) may not:

• Attempt to bypass, overload, or abuse the code-execution sandbox (e.g., attempting network access, resource-exhaustion attacks, or fork bombs) — see our security posture in ../security/sandbox-hardening-checklist.md.
• Reverse-engineer, scrape, or resell the Service.
• Use the Service to develop a competing product.

7. Intellectual property

• We retain all rights to the platform, question banks, and underlying software.
• Candidate-submitted code and answers remain the intellectual property of the candidate/Customer per your own employment agreements — we claim no ownership over assessment submissions and use them solely to provide the Service.

8. Service availability

During the pilot/early-access phase, the Service is provided without a formal uptime SLA. [Add a specific SLA once you have the infrastructure and confidence to commit to one — don't promise uptime numbers you can't back at Phase 1.]

9. Limitation of liability

To the maximum extent permitted by law, [Company Legal Name]'s total liability arising from use of the Service is limited to the fees paid by Customer in the [3] months preceding the claim. We are not liable for indirect, incidental, or consequential damages, including hiring decisions made based on assessment results — assessment results are one input to your hiring process, not a determination of candidate suitability.

10. Termination

Either party may terminate for convenience with [30] days' notice, or immediately for material breach not cured within [15] days of notice. On termination, candidate data is handled per ../legal/data-retention-policy.md.

11. Governing law and disputes

These Terms are governed by the laws of India. Disputes will be resolved through [arbitration seated in [city] under the Arbitration and Conciliation Act, 1996 / the courts of [city] — pick one with your lawyer].

12. Changes

We may update these Terms with notice to active Customers; continued use after the effective date constitutes acceptance.

13. Contact

[grievance-officer@yourcompany.com] · [registered address]