Terms of Service

1. ACCEPTANCE OF TERMS

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

These Terms of Service ("Terms") constitute a legally binding agreement between you and Gigin Technologies Private Limited ("Gigin," "we," "us," "our") governing your access to and use of our platform and services, including our Agentic Product Suite, Hiring Agent Suite, and Verification Agents Suite (collectively, the "Platform" or "Services").

2. SERVICE DESCRIPTION AND SCOPE

1. Services: Our comprehensive AI-powered platform provides end-to-end hiring solutions through intelligent agents and verification services, including:

• Verification Services: Background verification and screening, identity and credential verification, and employment history verification.

• AI Agent Suite:

• JD Creator Agent: Generates and optimizes job descriptions.

• Sourcing Agent: Identifies and recommends suitable candidates.

• Screening Agent: Performs initial candidate assessment and filtering.

• Shortlisting Agent: Ranks and prioritizes candidates.

• Scheduling Agent: Manages interview scheduling and calendar coordination.

• Interview Agent: Assists with interviews and evaluation support.

• Assessment Agent: Analyzes candidate responses and provides insights.

• Communication Agent: Automates candidate communications.

• Automated Job Board Integration: Posts jobs, manages listings, and fetches applications across multiple third-party platforms (including Apna, WorkIndia, Naukri, Indeed, Jobhai, and other supported job boards). This feature requires you to provide your third-party platform credentials and carries inherent risks of account restrictions or penalties imposed by the respective job boards.

2. Geographic Availability: Our Agentic Product Suite is available in multiple jurisdictions including India, United States of America, and United Arab Emirates, subject to local laws and regulations.

3. Human-in-the-Loop Design: All AI agents are designed to assist human decision-makers, not replace them. Final hiring decisions remain solely with you as the customer.

3. ACCOUNT REGISTRATION AND ELIGIBILITY

1. Account Creation: To use our Services, you must:

• Be at least 18 years of age

• Have legal authority to enter into binding agreements

• Provide accurate, current, and complete information

• Maintain and update your account information

• Keep your login credentials secure and confidential

2. Business Use Only: Our Services are intended solely for legitimate business purposes related to hiring, recruitment, and verification activities. To avail the services, you agree to:

• Provide accurate and complete information when using our Platform

• Comply with all applicable employment and data protection laws

• Review and validate all AI-generated recommendations before acting upon them

• Maintain human oversight in all hiring decisions and processes

• Ensure compliance with all third-party platform terms and conditions when using automated job board integration services

3. Prohibited Uses: You agree not to:

• Use our services for any discriminatory hiring practices

• Rely solely on AI recommendations for final hiring decisions. 

• Share or resell access to our AI agents or platform features

• Attempt to reverse engineer our AI algorithms or models

• Use the platform in violation of any applicable employment laws

• Process data for purposes other than legitimate hiring activities

• Use automated job board integration in violation of third-party platform terms of service

• Provide false or unauthorized credentials for third-party platforms

4. Account Responsibility: You are fully responsible for all activities that occur under your account, including actions by authorized users, employees, or agents. You agree to maintain the confidentiality of your account credentials.

4. CREDIT-BASED PRICING AND PAYMENT TERMS

1. Credit System: Our Agentic Product Suite operates on a credit-based model where AI agent actions consume predetermined credit amounts as detailed on our pricing page. Traditional verification services may use separate pricing structures.

2. Payment Obligations: By subscribing, you agree to:

• Pay all applicable fees and charges

• Provide current, accurate billing information

• Accept automatic renewal unless cancelled with 30 days' written notice

• Pay for consumed credits regardless of outcomes or satisfaction

• Pay applicable taxes, duties, and government-imposed fees

3. Payment Processing

• Accepted Methods: Major credit cards, ACH transfers, wire transfers

• Billing Cycles: Monthly or annual as selected

• Failed Payments: Service may be suspended after 5 days; account terminated after 15 days

• Currency: USD/INR

4. Non-Refundable Credits: IMPORTANT: All purchased credits and services are strictly non-refundable regardless of:

• Usage outcomes or hiring success

• Satisfaction with AI-generated recommendations

• Technical issues or service interruptions

• Changes in business needs or requirements

• Quality or performance of AI suggestions

• Account termination

• Force majeure events

• Changes to Platform features, pricing modifications

• Third-party platform restrictions, account suspensions, or posting failures

• Loss of access to job boards or integration services

• Any other circumstances.

5. Price Changes: We reserve the right to modify pricing with 30 days' advance notice. Continued use after price changes constitutes acceptance.

5. JOB BOARD INTEGRATION AND THIRD-PARTY PLATFORM ACCESS

1. User Authorization and Credential Requirements: By providing login credentials for third-party job boards (including but not limited to Apna, WorkIndia, Naukri, Indeed, Jobhai, and other supported platforms), you:

• Expressly authorize Gigin to use its automated solution to access these platforms, post job listings, pause/revoke postings, apply filters, fetch applications, and access available databases on your behalf

• Warrant that you have the legal right and authority to provide such credentials

• Acknowledge that this constitutes your full consent for Gigin to act as your limited agent solely for these specified automation purposes

• Accept full responsibility for ensuring that your use of automated services complies with each job board's terms of service

• Acknowledge that many job boards expressly prohibit credential-sharing and automated access in their terms of service

• Assume all risks associated with potential terms of service violations

• Agree to indemnify Gigin against any claims from third-party platforms

2. Platform Restrictions and Account Actions

CRITICAL WARNING - HIGH RISK OF ACCOUNT PENALTIES: You acknowledge and understand that:

• Most job boards (including Apna, WorkIndia, Naukri, Indeed, Jobhai) expressly prohibit credential-sharing and automated access in their terms of service

• Your use of our automation services may violate these third-party platform terms regardless of your consent to us

• Such violations carry high risk of account suspension, IP blocking, legal notices, and potential claims for unauthorized access

• These restrictions exist independently of your agreement with Gigin and cannot be overridden by user consent

3. NO LIABILITY FOR RESTRICTIONS: Gigin explicitly disclaims all responsibility and liability for:

• Account suspensions, restrictions, bans, or terminations imposed by third-party job boards

• IP blocking or technical restrictions imposed by job platforms

• Posting rejections, delays, or failures by third-party platforms

• Changes to third-party platform terms of service or technical requirements

• Loss of access to third-party platforms for any reason

• Any penalties, fees, sanctions, or legal claims imposed by job boards

• Cease-and-desist notices or legal action from job platforms

• Temporary or permanent loss of job board functionality

• Claims of unauthorized access or terms of service violations

4. USER ASSUMES ALL RISK: By using our automation services, you expressly assume all risks associated with potential violations of third-party platform terms of service and agree to proceed at your own risk and discretion.

5. Service Limitations and Commercial Risks: Gigin does not guarantee:

• Successful posting to any third-party platform

• Uninterrupted access to third-party services

• Compatibility with future platform changes or security measures

• Availability of automated features for all job boards

• Prevention of account restrictions, penalties, or legal action

• Long-term viability of credential-based automation services

• Continued availability of automation features if platforms implement additional security measures

6. TECHNICAL LIMITATIONS: Our automated services are subject to:

• Third-party platform technical requirements and anti-automation measures

• Rate limiting and posting frequency restrictions imposed by platforms

• Platform-specific formatting and content requirements

• Temporary service outages, maintenance windows, or security updates

• Detection and blocking systems implemented by job boards

• Changes in platform authentication or access control systems

7. COMMERCIAL RISK ACKNOWLEDGMENT: You acknowledge that:

• The automation service model carries inherent commercial and legal risks

• Job boards may implement measures specifically to prevent automated access

• The service may become unavailable if platforms enhance their security measures

• Alternative API integrations or partnerships may be required for long-term sustainability

8. Data Security for Third-Party Credentials: All provided job board credentials are:

• Encrypted using industry-standard AES-256 encryption protocols

• Stored securely with multi-layered access controls and authentication

• Used solely for authorized automated activities as specified

• Protected by comprehensive audit logging and monitoring systems

• Not shared with unauthorized third parties under any circumstances

• Subject to regular security assessments and penetration testing

• Automatically deleted upon account termination or consent withdrawal

9. Audit and Transparency: For security and compliance purposes, Gigin maintains:

• Comprehensive logs of all automated activities (posting times, applications fetched, etc.)

• Access logs for credential usage and system interactions

• Security monitoring for unauthorized access attempts

• Regular audit trails for compliance verification

• Note: Audit logs do not include actual credentials and are used only for troubleshooting, compliance, and security purposes

10. Right to Withdraw Authorization: You may revoke authorization for credential use at any time by:

• Removing job board account details from the platform

• Contacting customer support to request immediate deletion

• Modifying your account settings to disable automated posting

Upon withdrawal, Gigin will immediately cease using such credentials and delete them from all systems.

6. AI TECHNOLOGY LIMITATIONS AND DISCLAIMERS

6. AI Performance Disclaimer

CRITICAL NOTICE: Our AI agents utilize machine learning technology as hiring assistance tools, not replacements for human judgment. You acknowledge that AI-generated content and recommendations are probabilistic, may contain inaccuracies or biases, require human validation, and do not guarantee successful hiring outcomes. Platform performance may vary due to data quality, maintenance, technical issues, subscription tier limitations, or third-party service availability.

7. Customer Responsibility: You are solely responsible for:

• All final hiring decisions and their consequences

• Ensuring compliance with employment and anti-discrimination laws

• Reviewing AI recommendations for accuracy and appropriateness

• Maintaining fair and unbiased hiring practices

• Protecting candidate privacy and data throughout the hiring process

• Compliance with all third-party platform terms when using automated service

• Any consequences arising from third-party platform account actions

• Successful posting to or integration with third-party job boards

• Continued access to third-party platforms

• Prevention of account restrictions or penalties

8. No Hiring Guarantees: WE EXPLICITLY DISCLAIM ANY WARRANTIES REGARDING QUALITY OR SUITABILITY OF RECOMMENDED CANDIDATES, SUCCESSFUL HIRING OUTCOMES, TIME-TO-HIRE IMPROVEMENTS, COMPLIANCE WITH EMPLOYMENT REGULATIONS, OR ACCURACY OF CANDIDATE ASSESSMENTS.

7. DATA PROCESSING AND PRIVACY

6. Data Processing Authorization: By using our Services, you authorize us to:

• Process personal data in accordance with our Privacy Policy

• Use aggregated, anonymized data to improve AI models (opt-out available for enterprise customers)

• Process data in multiple jurisdictions (US, India, UAE) with appropriate safeguards

• Maintain audit logs for security and compliance purposes

2. Data Controller/Processor Relationship: When you process candidate data through our platform:

• You act as Data Controller with full responsibility for lawful processing

• We act as Data Processor following your instructions within our Terms and Privacy Policy

• You must obtain necessary consents from candidates and data subjects

• You must comply with applicable data protection laws (CCPA, etc.)

3. Data Security Commitments: We implement comprehensive security measures including:

• End-to-end encryption and secure backups

• Multi-factor authentication and access controls

• Regular security audits and penetration testing

• Automated threat monitoring and incident response

• Staff background checks and confidentiality agreements

4. Data Retention and Deletion

• Account data: Duration of relationship plus 7 years

• Candidate data: Per customer settings or legal requirements

• Verification records: 7 years

• Usage analytics: Up to 3 years

• Financial records: As required by law

• Deletion requests: Processed within 30 days (subject to legal holds)

5. International Data Transfers: Your data may be processed internationally with appropriate safeguards:

• Adequacy decisions where available

• Encryption and access controls for all transferred data

• Data localization where legally required

8. INTELLECTUAL PROPERTY

6. Gigin's Intellectual Property: All Platform content, features, functionality, AI algorithms, and models are owned by Gigin and protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without express written permission.

7. Your Data and Content: You retain ownership of data you input, granting us a limited license to: Process your data to provide Services, Improve AI models through aggregated, anonymized analysis, and Generate insights and analytics for your use

8. AI-Generated Content: You may use AI-generated content for internal business purposes, but we retain ownership of underlying technology and algorithms.

9. Limitation of Liability

6. General Limitations: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Gigin shall not be liable for any: direct, indirect, incidental, special, consequential, or punitive damages, loss of profits, revenue, data, or business opportunities, business interruption or system downtime, third-party claims or regulatory penalties, or damages resulting from your use or inability to use our Services. 

7. AI-Specific Limitations: We are specifically not liable for:

• Hiring mistakes or poor candidate selection based on AI recommendations

• Discrimination claims arising from biased AI outputs

• Regulatory penalties from AI-assisted hiring decisions

• Business losses from AI recommendation accuracy issues

• Candidate disputes related to AI-generated assessments

• Third-party platform account suspensions, restrictions, or terminations

• Posting failures, delays, or rejections by job boards

• Loss of business opportunities due to integration service issues

• Penalties or fees imposed by third-party platforms

• Changes to third-party platform terms or availability

3. Liability Cap: MAXIMUM LIABILITY: Our total liability for any and all claims, regardless of the form of action, shall not exceed the greater of: (a) amounts paid by you in the 3 months preceding the claim, or (b) $10,000 USD or equivalent.

4. Essential Services Limitation: Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification 

3. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Gigin, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of our Platform and Services

• Your hiring decisions and employment practices

• Violation of these Terms or applicable laws

• Any content or data you submit to our Platform

• Your use of automated job board integration services

• Violations of third-party platform terms of service, whether intentional or unintentional

• Claims by third-party platforms arising from your account, activities, or our automation services

• Providing credentials for platforms that prohibit automated access

• Any unauthorized access claims or terms of service violation allegations

• Account suspensions, restrictions, or penalties imposed by job boards

• Cease-and-desist notices, legal demands, or enforcement actions by third-party platforms

• IP blocking, technical restrictions, or security measures implemented against your accounts

• Non-compliance with employment, data protection, or other applicable laws

• Any discrimination, privacy, or employment-related claims

• Loss of business opportunities due to third-party platform restrictions

4. Defense and Settlement: Gigin reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully in the defense of any such claim.

11. Compliance and Legal Obligations

3. Your Compliance Obligations: You agree to comply with all applicable laws including:

• Equal Employment Opportunity regulations and anti-discrimination statutes

• Data protection laws (CCPA, and regional equivalents)

• Employment and labor laws in your jurisdiction

• Accessibility requirements and accommodation obligations

• Terms of service for all third-party platforms you access through our services

• Local regulations regarding automated hiring and AI use in recruitment

• Privacy laws regarding candidate data processing and storage

4. Prohibited Discrimination: You expressly agree not to use our Services in any manner that:

• Discriminates based on protected characteristics

• Violates equal employment opportunity laws

• Creates disparate impact against protected groups

• Circumvents legal requirements for fair hiring practices

5. Enhanced Compliance Monitoring: We reserve the right to:

• Monitor use of our Services for compliance violations

• Suspend or terminate accounts for non-compliance

• Report suspected illegal activities to appropriate authorities

• Cooperate with regulatory investigations and legal proceedings

12. Service Level and Support

3. Availability: We strive to maintain high service availability but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when possible. Third-party platform availability is beyond our control.

4. Support Tiers:

• Standard Support: Email and chat support during business hours

• Premium Support: Priority response times and phone support

• Enterprise Support: Dedicated customer success management

5. Support Limitations: Support does not include:

• Assistance with third-party platform account issues or restrictions

• Recovery of suspended or terminated third-party platform accounts

• Troubleshooting third-party platform policy violations

• Legal advice or compliance consulting

• Custom development or feature requests

13. Termination

3. Termination Rights: We reserve the right to terminate or suspend your account at any time for:

• violation of these terms, 

• non-payment of fees, 

• suspected fraudulent or illegal activity, 

• violations of third-party platform terms that affect our services, 

• use of our services in a manner that risks third-party platform restrictions, or 

• any other reason at our sole discretion.

4. Effect of Termination: Upon termination:

• Your right to use our services will immediately cease

• You remain liable for all outstanding fees and charges

• No refunds will be provided for unused credits or prepaid services, or third-party platform integration fees

• We may retain your data as required by law or our retention policies

• All third-party platform credentials will be permanently deleted

• You remain liable for any ongoing third-party platform obligations

14. Force Majeure: Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including natural disasters, pandemics, acts of god, cyber-attacks system failures, or technical infrastructure issues, government actions, regulations, or legal requirements, third-party platform changes, restrictions, or unavailability, changes in third-party platform terms of service or technical requirements.

15. Dispute Resolution and Governing Law

3. Governing Law: These Terms of Service are governed by the laws of the India, without regard to its conflict of law provisions.

4. Dispute Resolution: Any disputes arising from these terms shall be resolved through:

1. Mandatory good faith negotiation for 30 days

2. Binding arbitration under the provisions of Arbitration and Conciliation Act, 1996, including amendments, if negotiation fails

3. Courts of competent jurisdiction in Bangalore, Karnataka for matters not subject to arbitration

5. Waiver & Class Action: You waive any right to participate in class action lawsuits or class-wide arbitration against Gigin.

6. Limitation Period: Any claims must be brought within one (1) year of the cause of action arising, or such claims are permanently barred.

16. Miscellaneous

3. Entire Agreement: These Terms, together with our Privacy Policy and any executed agreements, constitute the entire agreement between you and Gigin regarding our Services.

4. Modifications: We may update these Terms at any time. Material changes will be communicated via email or Platform notifications. Continued use constitutes acceptance of modified terms.

5. Severability: If any provision is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

6. Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights in connection with corporate transactions.

7. No Waiver: Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

8. Survival: Provisions that by their nature should survive termination (including liability limitations, indemnification, governing law, and dispute resolution) shall survive termination of these Terms.

17. Contact Information: For questions about these Terms of Service, please contact us at:

General Support:

• Email: support@gigin.ai

• Phone: 8050503738

• Hours: 9AM-6PM IST

Legal and Compliance:

• Legal Department: legal@gigin.ai

• Privacy Officer: Mahesh KumarBG

• Compliance Officer: Ayesha Khanum