Last Updated: May 17, 2026 • Version 4.2.0-STABLE
Aggregate claims are strictly capped at 50% of recent fees paid.
1. Scope & Provider
This Agreement is between you ("Customer" or "User") and the platform operator ("Provider," "we," or "us"). We provide an infrastructure-as-a-service (IaaS) for recruitment, utilizing autonomous AI agents for screening and analysis.
The Service: Includes all web interfaces, AI interview logic, and candidate data management tools provided under the SmartHR brand. We act solely as a technical intermediary and do not participate in employment contracts or hiring guarantees.
2. Merchant of Record (MoR)
Our order process is conducted by our online reseller and Merchant of Record. The MoR is the legal seller of all software licenses and tokens.
3. AI Disclosures & Bias
Read Carefully:
Probabilistic Nature: The Service utilizes Large Language Models (LLMs) which are inherently probabilistic. We provide NO WARRANTY regarding the absolute accuracy, fairness, or lack of bias in AI-generated fit-scores or transcripts.
Human-in-the-Loop (HITL): THE USER IS SOLELY RESPONSIBLE FOR ALL FINAL HIRING DECISIONS. You must not rely exclusively on AI scores to exclude candidates. The Service is a decision-support tool, and you are required to perform human verification of any AI-driven recommendation before extending an offer or rejection.
4. Tokens & Consumption
Access to AI features is governed by our Token Ledger. Tokens are consumed immediately upon the initiation of an AI task.
Infrastructure Agnosticism: We reserve the right to swap, migrate, or upgrade the underlying AI models and technical sub-processors at any time without notice. Such changes are non-material and do not entitle the User to refunds or account credits.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA.
CAP ON DAMAGES: UNDER NO CIRCUMSTANCES SHALL OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM THE SERVICE EXCEED FIFTY PERCENT (50%) OF THE TOTAL FEES PAID BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE INCIDENT.
6. Customer Indemnification
The User agrees to defend and indemnify the Provider against any claims brought by third parties (including candidates) arising from the User's recruitment practices, alleged bias in hiring, or violation of local labor laws (such as EEOC or GDPR).
7. Governing Law & Arbitration
This Agreement is governed by the laws of India. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration.
CLASS ACTION WAIVER: ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY. YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
8. Amendments & Termination
We may update these terms periodically to reflect infrastructure changes. Continued use of the platform after an update constitutes acceptance. We reserve the right to terminate access for any violation of our acceptable use policies without prior warning.