Terms of Service

These Terms govern the use of the HR Assist platform (the Service) provided by Axion Connect, Registered office address — to be confirmed (we, us). By creating a workspace, accepting an invitation, or using the Service, the organisation on whose behalf you act (the Customer) agrees to these Terms, the Privacy Policy and the Data Processing Agreement, which together are the agreement between us. If you do not have authority to bind the Customer, do not use the Service. The Service is offered to organisations for their recruitment; it is not offered to consumers.

1. The Service and your licence

HR Assist is a recruitment platform that lets a Customer manage job descriptions and candidates, score résumés and interviews with AI assistance, run proctored coding assessments, schedule and record interviews on the Customer's own Google or Microsoft account, and contact candidates by email and WhatsApp. Feature availability depends on the Customer's plan.

Subject to these Terms we grant the Customer a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its internal recruitment during the term. The licence does not allow the Customer to copy, modify or create derivative works of the Service; to reverse-engineer, decompile or disassemble it; to resell, sublicense or time-share it; to remove proprietary notices; or to use it to build a competing product.

2. Accounts and workspaces

• The person who creates a workspace is its first administrator and is responsible for who else is invited. That person confirms at sign-up that they are at least 18, act for an organisation, and have authority to bind it. An invited user joins the Customer's workspace under the Customer's acceptance of these Terms.
• Each user must keep their credentials confidential and must not share an account. Sign-in may be delegated to Clerk or to the Customer's identity provider.
• The Customer is responsible for everything done in its workspace by its users and by anyone using its credentials, and must tell us at support@axionconnect.com promptly of any unauthorised use.
• When the document set changes materially, every user is asked to review and accept the new version before continuing; the acceptance is recorded with its version, time and origin.

3. The Customer's responsibilities as data controller

The Customer decides which candidates are entered into the Service and why. In data-protection terms the Customer is the controller (GDPR), business (CCPA/CPRA) or Data Fiduciary (India DPDP Act 2023), and we are its processor / service provider / Data Processor under the Data Processing Agreement, which forms part of these Terms. The Customer warrants that:

• it has a lawful basis, and where required the candidate's consent, for every candidate record it uploads, every interview it records, and every assessment it proctors;
• it gives candidates the notices the law requires, and may use our Candidate Privacy Notice to do so;
• it will not use the Service to make a decision about a person solely by automated means where the law prohibits that, and will have a person review every AI-assisted score before acting on it;
• it will comply with the laws that apply to automated hiring tools where it operates, including bias-audit and notice duties (for example New York City Local Law 144, the Illinois Artificial Intelligence Video Interview Act and Biometric Information Privacy Act, Colorado SB 24-205, and the EU Artificial Intelligence Act), and will not enable webcam proctoring for candidates in a jurisdiction where it has not established a lawful basis for processing biometric data;
• it will not upload special-category data (racial or ethnic origin, political opinions, religious beliefs, trade-union membership, genetic data, health data, sex life or sexual orientation) about a candidate, or data about anyone under 18, unless the law where it operates permits that and the Customer has established the basis for it.

4. AI-assisted features

What they do. The Service uses large language models and speech-recognition models to parse résumés, suggest interview questions, transcribe and summarise interviews, draft messages, and produce fitment and interview scores. The model providers are named on the Sub-processors page.

Output is decision support. AI output is informational. It may be incomplete, inaccurate, biased, outdated or invented. It is not professional, legal or HR advice. A person must review every score before it is acted on, and the Customer alone is responsible for any hiring decision. We do not warrant that AI output is accurate or that proctoring signals are conclusive.

No training on your data. We do not use Customer or candidate data, prompts or output to train or improve our own models or those of our providers, and our providers are bound not to do so. We may use aggregated, de-identified usage metadata (token counts, latency, error rates) to operate the Service. Where the Customer supplies its own AI provider keys, the Customer's contract with that provider governs that processing.

Inputs the Customer must not submit. Special-category data, children's data, payment-card data, government identity numbers, or any personal data the Customer has no authority to process.

Prohibited AI uses. The Customer must not use AI features to make a solely automated decision with legal or similarly significant effect on a person; to build, train or benchmark a competing model; to profile candidates on a protected characteristic; to infer emotions; to impersonate anyone; or to probe, extract or reverse-engineer the underlying models.

EU AI Act. Where the Customer deploys the Service as a high-risk AI system for recruitment (Annex III of Regulation (EU) 2024/1689), it is responsible for its deployer obligations, including human oversight and informing candidates. We will supply on request to support@axionconnect.com the information about capabilities, limitations, model and prompt versions that Article 13 and a bias audit require. The Service performs no emotion recognition (Article 5(1)(f)).

Survival. This section survives termination for any output generated during the term.

5. Acceptable use

The Customer must not: upload data it is not entitled to process; use the Service to discriminate unlawfully; attempt to identify, contact or profile candidates for purposes other than the recruitment they applied for; probe, scan or reverse-engineer the Service; run code in the coding sandbox that attacks the sandbox, the Service or any third party; upload malicious code; use automated tools to scrape the Service; impersonate any person; resell the Service; or exceed the usage limits of its plan.

Copyright complaints. If you believe material in the Service infringes your copyright, send a notice with the information required by 17 U.S.C. §512(c)(3), or the equivalent under your law, to support@axionconnect.com marked for the attention of Grievance Officer — to be named, Axion Connect, Registered office address — to be confirmed. We will remove or disable access to material we determine to be infringing and may terminate repeat infringers.

6. Candidate-facing surfaces

Candidates use the Service without an account, through links the Customer sends: booking pages, coding-test rooms, questionnaires and meeting rooms. A candidate's use of those surfaces is governed by the Candidate Privacy Notice and by any consent they give in the room; it does not make the candidate a party to these Terms.

7. Plans, fees and billing

• Plans and trials. Plans, prices, seat limits and trial terms are shown in the Service. A trial is provided as is, without service-level or support commitments, and may be limited or ended at any time. When a trial ends without a paid plan the workspace is restricted and its data is kept for the export window in section 11.
• Renewal. A paid plan runs for the period bought and renews for the same period unless the Customer cancels before the renewal date. We send a reminder to the billing contact before an annual renewal.
• Cancellation. The Customer may cancel at any time by writing to support@axionconnect.com or, where offered, in the Service. Cancellation takes effect at the end of the paid period; access continues until then. There is no cancellation fee.
• Fees and taxes. Fees are exclusive of taxes, including GST, VAT and sales tax where applicable, which we add to the invoice where we must collect them. Invoices are due within thirty days.
• Refunds. Fees are non-refundable except where the law requires, or where we terminate without cause, in which case prepaid unused fees are refunded pro rata.
• Price changes. We may change prices on at least thirty days' written notice to the billing contact; the change applies from the next renewal, and the Customer may cancel before it takes effect.
• Late payment. We may suspend a workspace whose fees are more than thirty days overdue after notice, and may terminate under section 15 if the default continues.

8. Availability, support and changes

We aim for high availability but do not guarantee uninterrupted service; planned maintenance is announced in the Service. We may change or retire features with reasonable notice where the change is material. Features marked beta, preview or early access are provided for evaluation, as is, may change or be withdrawn without notice, and carry no service-level or support commitment. Support is provided by email to support@axionconnect.com on business days.

9. Intellectual property and feedback

We own the Service, the question bank, the prompts and the models' configuration. The Customer owns its data. The Customer grants us a licence to process its data only as needed to provide the Service and as described in the DPA. Coding-question content is licensed to the Customer for use within the Service and may not be extracted or republished. If the Customer gives us feedback or suggestions, we may use them without restriction or payment; feedback never includes candidate data.

10. Confidentiality

Each party will keep the other's non-public information confidential and use it only to perform under these Terms, for three years after the relationship ends and for as long as the law protects it. The duty does not cover information that is public without breach, already known, independently developed, or that must be disclosed by law, in which case the disclosing party gives notice where it lawfully can.

11. Data retention, export and deletion

For as long as the workspace is active the Customer controls its data and can export it. Within thirty days of termination we delete the workspace's data, subject to backups that expire on their own schedule and to records we must keep by law; the Customer may ask for an export at any time during those thirty days. Retention of candidate data during the relationship is the Customer's responsibility; the Service provides tools to delete a candidate and their derived records.

12. Warranties and disclaimers

We warrant that the Service will perform materially as described. Otherwise the Service is provided "as is", and we disclaim all other warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that AI outputs are accurate or that proctoring signals are conclusive.

Nothing in these Terms limits a right that mandatory law gives a party and does not allow to be excluded, including where local consumer or small-business law applies to the Customer despite the business nature of the Service (for example the Australian Consumer Law, the New Zealand Consumer Guarantees Act 1993, the UK Consumer Rights Act 2015, EU Member-State consumer law or the India Consumer Protection Act 2019). Where such law applies and a warranty cannot be excluded, our liability for its breach is limited, where the law allows, to re-supply of the Service or a refund for the affected period.

13. Limitation of liability

Neither party is liable for indirect, consequential, special or punitive loss, or for loss of profit, revenue, goodwill or data beyond the cost of restoring it from available sources. Each party's total liability under these Terms is limited to the fees paid by the Customer in the twelve months before the claim, or INR 10,000 where no fees have been paid.

These limits do not apply to death or personal injury caused by negligence, fraud, gross negligence or wilful misconduct, breach of section 10, infringement of the other party's intellectual property, the indemnities in section 14, or liability that cannot be limited by law. The limits apply even if a limited remedy fails of its essential purpose, and the fees reflect this allocation of risk.

14. Indemnities

The Customer indemnifies us against third-party claims arising from its breach of section 3, 4 or 5, including claims by candidates about the lawfulness of processing the Customer directed and claims arising from a decision made in reliance on AI output without the review section 4 requires. We indemnify the Customer against claims that the Service, used as permitted, infringes a third party's intellectual property; we may modify or replace the Service or, if neither is reasonable, terminate the affected feature and refund prepaid unused fees. The indemnified party must give prompt notice, allow the indemnifying party to control the defence, and cooperate reasonably; no settlement may impose an obligation on the indemnified party without its consent.

15. Term and termination

These Terms apply for as long as the Customer has a workspace. Either party may terminate for material breach not cured within thirty days of notice; we may suspend immediately where the breach threatens the Service, other customers or candidates, or where the law requires. The Customer may delete its workspace at any time. On termination the licence ends, section 11 governs the data, and sections 4, 9, 10, 11, 12, 13, 14 and 23 survive.

16. Force majeure

Neither party is liable for delay or failure (other than payment) caused by events beyond its reasonable control, including natural disaster, war, civil unrest, government action, sanctions, epidemic, wide-area network or power failure, or a denial-of-service attack beyond commercially reasonable mitigation. The affected party must notify the other and mitigate. If the event lasts more than thirty days either party may terminate the affected subscription, and prepaid unused fees are refunded.

17. Assignment and change of control

Neither party may assign these Terms without the other's consent, except to a successor of all or substantially all of its business on notice. The Customer may terminate within thirty days of notice of a change of control of Axion Connect. An assignment in breach of this section is void.

18. Compliance with laws, sanctions and export control

Each party will comply with the laws that apply to it, including anti-bribery law (the India Prevention of Corruption Act 1988, the UK Bribery Act 2010, the US Foreign Corrupt Practices Act) and trade sanctions and export controls of India, the United Nations, the European Union, the United Kingdom and the United States. The Customer represents that neither it nor its users are located in a country under comprehensive sanctions or listed on a restricted-party list, and will not use the Service in breach of any sanctions or export-control law.

19. Governing law and disputes

These Terms are governed by the laws of India, and the courts of India have exclusive jurisdiction, subject to section 20 and to any consumer or employment-law rights that cannot be excluded. Before starting proceedings the parties will try in good faith to resolve the dispute by written notice and thirty days of discussion. A Customer resident in the European Union may also use the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr ↗ (opens in a new tab).

20. Country-specific provisions

These provisions apply, in addition to and where mandatory local law requires in priority over the rest of these Terms, to a Customer located in the country named.

• Australia. Where the Australian Consumer Law applies, our services come with guarantees that cannot be excluded. For a major failure you are entitled to cancel and to a refund for the unused portion or compensation for its reduced value, and to compensation for other reasonably foreseeable loss; for a failure that is not major you are entitled to have it fixed in a reasonable time. Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy under that law that cannot be excluded.
• Brazil. Section 19 does not exclude mandatory provisions of the Consumer Defence Code (Law 8.078/1990) or the right to bring proceedings in the courts of your domicile where that Code applies; a Portuguese version is available on request.
• Canada (Québec) and France. The parties confirm they have asked for these Terms in English; a French version is available on request to support@axionconnect.com and, where the Charter of the French Language or the Loi Toubon requires, the French version controls.
• European Union. Nothing in these Terms affects rights under mandatory EU or Member-State law, including the right to bring proceedings in the courts of your habitual residence where that law grants it.
• Germany. Where §312k of the Civil Code (BGB) applies to a contract concluded online, the Customer may cancel by the mechanism that section requires; until that mechanism is offered in the Service, cancellation by email to support@axionconnect.com is accepted and confirmed in writing.
• New Zealand. Where the Consumer Guarantees Act 1993 applies, nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy under that Act that cannot be excluded.
• South Africa. Where the Consumer Protection Act 68 of 2008 applies, these Terms are intended to be in plain language, any cooling-off right under section 16 applies, and nothing limits a right under that Act that cannot be limited.
• United Kingdom. Where you are a consumer, nothing limits a non-waivable right under the Consumer Rights Act 2015 or the Unfair Contract Terms Act 1977, and you may bring proceedings in the courts of your part of the United Kingdom.
• United States. The Customer is responsible for the state and city laws that apply to automated employment decision tools, biometric data and candidate notices where its candidates are located (section 3).

Where a provision of this section conflicts with another provision of these Terms, this section controls only for a Customer in the country named and only to the extent mandatory local law requires.

21. Grievance Officer (India)

Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 and the Digital Personal Data Protection Act 2023, our Grievance Officer is Grievance Officer — to be named, Axion Connect, Registered office address — to be confirmed, privacy@axionconnect.com. Complaints are acknowledged within 24 hours and resolved within 15 days of receipt, and in any event within the period the applicable Rules prescribe.

22. Changes to these Terms

We may update these Terms. Material changes are notified in the Service at least fourteen days before they take effect and every user is asked to accept the new version; continued use after that date is acceptance. Each version is dated; the version a user accepted is kept with the acceptance record.

23. General provisions

• Entire agreement and precedence. These Terms, the Privacy Policy, the DPA and any signed order form are the entire agreement and replace prior understandings. If they conflict, the order is: a signed agreement, the DPA (for personal data), these Terms, the Privacy Policy.
• Severability and waiver. An unenforceable provision is modified to the minimum extent needed or severed; the rest stands. A failure or delay in enforcing a right is not a waiver.
• Notices. Notices to the Customer may be sent to the administrator's email or posted in the Service; notices to us go to support@axionconnect.com with a copy by post to Registered office address — to be confirmed. Email notices are effective on receipt; in-Service notices on the next business day.
• Language. The English version controls except where mandatory law requires a local-language version.
• Independent contractors. The parties are independent contractors; nothing creates a partnership, agency or employment relationship.
• No third-party beneficiaries. These Terms create no rights for anyone other than the parties, except that candidates may rely on the Candidate Privacy Notice and the DPA to the extent the law provides.
• No reliance. Each party confirms it has not relied on any statement not set out in these Terms; nothing limits liability for fraud.

24. Contact

Axion Connect · Registered office address — to be confirmed · support@axionconnect.com · privacy and data-subject requests: privacy@axionconnect.com