Terms of Use and Service Agreement

1. Acceptable Use and Account Security

• Eligibility: By creating an account or using our services, you represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into a binding contract under Indian law. Minors may only access the platform under parental or guardian supervision.
• Information Veracity: Users assume an absolute obligation to provide true, accurate, and updated information during registration. Impersonation, masquerading, or providing AI-manipulated/fraudulent biographical data is strictly prohibited and will result in instant termination.
• Credential Security: The safety and confidentiality of your account credentials (passwords, OTPs, or API keys) rest solely with the User. You are fully liable for all activities occurring under your account. Any unauthorized access must be reported to contact@jobmanch.ai immediately.

2. Specific Service Disclaimers and Terms

A. PocketInterviewer (AI Career Preparation)

• No Guarantee of Placement: PocketInterviewer is an AI-driven career diagnostic, skill benchmarking, and interview practice tool. The Company explicitly disclaims any warranties or guarantees regarding successful job placement, responses from potential employers, or selection post-assessment.
• Input Data License: By uploading resumes, text inputs, or job descriptions, you grant the Platform a non-exclusive, royalty-free, pan-India license to process this data solely to run your AI simulations, generate analytics reports, and identify matching jobs.

B. JM Screener (Employer Evaluation Pipeline)

• Anti-Fraud and Proctoring Suite: The Platform utilizes multi-modal AI systems to monitor candidates during mock and employer-initiated screening sessions. This tracks vocal metrics, visual indicators, and background system hooks to identify cheating or unauthorized use of secondary AI models. The Company reserves the right to automatically flag, penalize, or disqualify candidates caught using external faking utilities.
• Percentile Ranking Engine: The "Candidate Suitability Score" and percentile ranking calculations are based on mathematical models comparing relative performance against applicant groups. The Company provides this engine on an "as-is" basis and is not responsible for hiring decisions or outcomes made by Employers utilizing these automated benchmarks.

C. JM Recruiter Marketplace

• Marketplace Standing: The Platform operates as an aggregator connecting Employers and Independent/Agency Recruiters. The Company is not a party to the independent commercial understandings between recruiters and employers beyond the revenue-sharing rules managed by the Platform.
• Monetization Rules: Onboarding incentives (e.g., ₹10 per candidate), top-up shares (e.g., 5%), and placement commissions are subject to dynamic marketing campaigns and verified validation rules. Fraudulent, duplicate, or ghost candidate profiles uploaded to claim incentives will result in the immediate forfeiture of accumulated earnings and account blacklisting.

D. JM Experts Engagement (Temporary Staffing)

• Nature of Service: Sourcing temporary experts involves project-based coordination. Sourcing requests submitted on the website are initial intakes only.
• Contract Supremacy: While the platform displays an Indicative Rates Estimation Guide in USD, actual day-rates, statutory load accounts, and agency service markups are explicitly non-binding. Final payment parameters, compliance mandates, and terms of service deployment are governed strictly by the separate physical/digital Master Service Agreement (MSA) signed between the client and Upquarx Technology Private Limited.

3. Special Disclaimer for Artificial Intelligence (AI) and Machine Learning Generated Content

• Nature of AI Outputs: The User explicitly acknowledges and agrees that certain features on the Platform—including but not limited to mock interview simulations, candidate evaluation analytics, "Candidate Suitability Scores", resume and cover letter generation, AI-powered counseling, and automated job matching engines—are powered by complex Artificial Intelligence and Machine Learning algorithms.
• The "As-Is" Blueprint and Hallucinations: AI-generated outputs are predictive and diagnostic in nature. The Company does not warrant or guarantee the absolute accuracy, completeness, timeliness, relevancy, or reliability of any question, report, feedback, score, or resume generated by the Platform. The User acknowledges that AI systems are susceptible to technical anomalies, data gaps, or algorithmic "hallucinations" (generating inaccurate or fictional data/responses).
• User Discretion and Verification:
  • For Candidates/Job Seekers: Resumes, cover letters, and recommended answers generated by the AI are templates provided for convenience. It is your sole responsibility to review, cross-verify, and edit this content for accuracy before submitting it to external employers or portals. The Company is not liable for any discrepancies or rejections resulting from unverified AI-generated text.
  • For Employers and Recruiters: Candidate percentile rankings, skill-gap analysis, and screening metrics are automated aids meant to complement, not replace, human judgment. The ultimate decision to shortlist, hire, interview, or reject a candidate rests entirely with the Employer. The Company disclaims all liability for any hiring outcomes, loss of productivity, or operational disruptions caused by relying strictly on AI screening metrics.
• No Professional Advice: No AI-generated output, automated career guidance, mock diagnostic analysis, or feedback report provided on the Platform constitutes formal legal, psychological, employment, or career-guarantee advice.
• Third-Party AI Systems: The Platform integrates with industry-standard, underlying foundational AI models and hosting environments. The Company shall not be held liable for systemic outages, infrastructure failures, API throttling, or data processing errors originating from these external technology sub-providers.

4. Commercials, Credit Wallet, and Refund Policies

• Credit Structure: PocketInterviewer and JM Screener operate using a Pay-As-You-Go utility credit mechanism. Free joining promotional credits (e.g., 2,000 for Employers, 200 for Job Seekers) have fixed expiration dates, are non-transferable, cannot be exchanged for cash, and are subject to change based on active marketing cycles.
• No-Refund Policy: All paid credit purchases, refill packages, and processed service invoices are final. No refunds will be issued for unutilized credits remaining in the user's wallet upon voluntary account closure or termination due to a violation of these terms.

5. Prohibited Conduct and System Safety

Users agree not to engage in any of the following restricted behaviors:

1. 1Scraping and Data Mining: Deploying spiders, crawlers, scrapers, or manual extraction tools to harvest the candidate resume database, job postings, or analytical scoring structures without explicit written permission.
2. 2Reverse Engineering: Attempting to decompile, decode, reverse engineer, or extract the source code or proprietary weights of our underlying AI evaluation algorithms.
3. 3Prohibited Content: Uploading information that is defamatory, obscene, invasive of privacy, hate-speech oriented, or infringes on third-party intellectual property.
4. 4System Sabotage: Knowingly introducing viruses, trojan horses, logic bombs, or attempting denial-of-service (DDoS) attacks against the platform's infrastructure.

6. Intellectual Property Rights

All software, algorithms, UI designs, brands, logos (including the JobManch.ai and PI Logos), features, data models, and content displayed on the website are the exclusive intellectual property of Upquarx Technology Private Limited. No user may copy, frame, duplicate, or adapt any asset for commercial usage outside the internal scopes of the provided software license.

7. Limitation of Liability and Indemnity

• As-Is Availability: The Platform and its integrated AI engines are provided on an "as-is" and "as-available" baseline. The Company does not guarantee uninterrupted runtime or absolute flawlessness of AI responses.
• Cap on Liability: To the maximum extent permitted under applicable Indian laws, Upquarx Technology Private Limited shall not be liable for any indirect, incidental, consequential, or punitive damages, loss of profits, revenue, or career opportunities. Our maximum aggregate liability for any verifiable claim arising out of your use of the platform shall not exceed the actual fee paid by you to the Company in the 3 months preceding the claim.
• Indemnity: Users agree to indemnify, defend, and hold harmless the Company, its directors, employees, and partners from any third-party claims, damages, liabilities, or legal costs arising out of your breach of these Terms of Service or violation of statutory compliance codes.

8. DPDPA (Data Privacy) Compliance

Your privacy is parameter-locked. In accordance with the Digital Personal Data Protection Act (DPDPA), 2023, any collection, storage, processing, or deletion of your personal data is handled strictly under our unified Privacy Policy. Users retain absolute rights to withdraw data processing consents, access personal data summaries, or request profile rectification by reaching out directly to our Grievance Officer.

9. Governing Law and Dispute Resolution

• Jurisdiction: These terms shall be governed by, interpreted, and construed exclusively in accordance with the laws of India.
• Arbitration: Any legal dispute, conflict, or claim arising out of or relating to this agreement shall be settled through binding arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Mumbai, Maharashtra, and the proceedings shall be conducted in the English language.
• Courts: Subject to arbitration rules, the competent courts located in Mumbai, India shall have exclusive jurisdiction over any ancillary matters arising from this agreement.

10. Statutory Grievance Redressal Mechanisms

In compliance with the Information Technology Act, 2000 and consumer protection guidelines, any grievances or compliance concerns regarding the Platform can be formally logged with our Grievance Officer:

• Attn: Grievance Redressal Cell
• Entity: Upquarx Technology Private Limited
• Email Contact: contact@jobmanch.ai