Terms and Conditions

1. Acceptance of Terms

By accessing or using our services, You expressly agree to these Terms, our Privacy Policy, and any other policies referenced herein. You confirm that You are at least 18 years of age and have the legal capacity to enter into this agreement. If You are using the services on behalf of an organization, You represent that You have the authority to bind such organization to these Terms.

By checking the box to accept these Terms or by continuing to use the Services, You irrevocably consent to provide Your Personal Data, including but not limited to Your name, contact details, resume, voice recordings, video interviews, and images, to Capabiliq for the sole purpose of recruitment activities.

2. Use and Processing of Personal Data

Capabiliq collects, processes, and utilizes Personal Data exclusively for purposes related to recruitment and talent acquisition. The categories of data collected include, but are not limited to:

• Candidates: Full name, contact details (email, phone number), curriculum vitae or resume, educational background, employment history, professional skills, voice recordings, video interview content, and photographic images.
• Clients: Company name, business contact information, recruitment specifications, and related organizational data.
• Vendors: Business registration details, contact information, and service-related data.

Processing of Personal Data is conducted in compliance with applicable data protection laws, including the Digital Personal Data Protection Act, 2023, and in accordance with Capabiliq's Privacy Policy.

Unless otherwise required by law, Capabiliq shall not use or disclose Personal Data for any purpose other than recruitment without the express and informed consent of the data subject.

By accepting these Terms, you acknowledge and agree that:

• Personal Data may be disclosed to verified talent partners, clients, or third-party service providers, strictly for recruitment-related functions.
• The data subject grants Capabiliq a non-exclusive, royalty-free, worldwide license to store, use, and process such Personal Data solely to the extent necessary to fulfill recruitment-related objectives.
• Capabiliq may retain Personal Data for a maximum period of twelve (12) months following the conclusion of the recruitment process, unless a longer retention period is mandated by applicable law or consented to by the data subject for consideration in future recruitment opportunities.

3. User Obligations

By accessing or using our services, you ("User") expressly agree to the following obligations:

Accuracy of Information

You shall provide accurate, complete, and current Personal Data and maintain the accuracy of such data throughout your use of the Capabiliq Services.

Lawful Use of data

You agree to use the Capabiliq Services solely for lawful purposes and in full compliance with these Terms and all applicable laws and regulations.

Prohibited Conduct

You shall not upload, publish, transmit, or otherwise distribute any Content that:

• Is unlawful, defamatory, obscene, offensive, or harmful;
• Infringes upon the intellectual property, privacy, or other legal rights of any third party;
• Violates any applicable statute, regulation, or guideline.

Security and Access

You shall not engage in any activity that seeks to interfere with, disrupt, damage, or gain unauthorized access to the Capabiliq Services, its servers, networks, or systems.

Legal Compliance

You shall comply with all applicable laws, including but not limited to the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023, as may be amended from time to time.

Responsibility for Content

You acknowledge and agree that you are solely responsible for any and all Content you submit, upload, or provide on or through the Capabiliq Services. Capabiliq shall not be held liable for any errors, omissions, or consequences arising from such Content.

4. Intellectual Property

Ownership

All content, materials, trademarks, service marks, trade names, logos, designs, graphics, text, software, and other intellectual property displayed on or made available through the Capabiliq Services (collectively, "Intellectual Property") are the exclusive property of Capabiliq or are lawfully licensed to Capabiliq. All rights, title, and interest therein are expressly reserved.

Restrictions on Use

You shall not copy, reproduce, modify, adapt, distribute, transmit, publicly display, publicly perform, publish, or create derivative works from any part of the Capabiliq Services or its Intellectual Property without the prior written consent of Capabiliq. Unauthorized use of the Intellectual Property is strictly prohibited and may constitute a violation of applicable intellectual property laws.

License to Uploaded Content

By submitting, uploading, or otherwise providing any content, materials, or information ("User Content") to the Capabiliq Services, you grant Capabiliq a non-exclusive, royalty-free, worldwide, transferable license to use, reproduce, display, store, and process such User Content solely for the purpose of providing and facilitating recruitment-related services.

Reservation of Rights

Except as expressly set forth herein, no rights or licenses are granted to you with respect to the Intellectual Property, whether by implication, estoppel, or otherwise.

5. Limitation of Liability

To the maximum extent permitted by applicable law, Capabiliq, its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or in connection with:

• Your access to or use of, or inability to access or use, the Capabiliq Services;
• Any errors, omissions, interruptions, defects, delays in operation or transmission, or any failure of performance of the Capabiliq Services;
• Any Content posted on the Capabiliq Services;
• Any failure to secure employment, engagement, or business opportunity as a result of using the Capabiliq Services.

The Capabiliq Services and all related services are provided on an "as-is" and "as-available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. Capabiliq expressly disclaims any and all warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of information.

Capabiliq makes no representations or guarantees regarding the suitability, qualifications, or reliability of any candidate, client, vendor, or third party engaged through the Capabiliq Services.

6. Indemnity

You agree to indemnify, defend, and hold harmless Capabiliq, and its affiliates, officers, directors, employees, agents, licensors, and representatives, from and against any and all claims, demands, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or related to:

• Your use or misuse of the Capabiliq Services;
• Your violation of these Terms or any applicable law or regulation; or
• Your infringement or alleged infringement of any intellectual property, proprietary, or privacy rights of any third party.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Capabiliq Services.

7. Termination

Capabiliq reserves the right, at its sole discretion, to suspend or terminate your access to the Capabiliq Services, with or without notice, for any reason whatsoever, including but not limited to:

• Violation of these Terms;
• Suspected fraudulent, illegal, or unauthorized activity; or
• Misuse or abuse of the Capabiliq Services or any of its features.

Upon termination, your right to access and use the Capabiliq Services shall immediately cease. Capabiliq may, subject to applicable laws, delete or anonymize your Personal Data and any associated content, without any obligation to retain or return such data.

8. Data Security

Capabiliq shall implement reasonable technical and organizational measures, consistent with industry standards, to safeguard your Personal Data against unauthorized access, disclosure, alteration, loss, or destruction.

Notwithstanding the foregoing, you acknowledge that no method of data transmission or storage over the internet is fully secure. Accordingly, Capabiliq does not warrant or guarantee absolute security of your Personal Data, and any transmission of such data is undertaken at your own risk.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law provisions.

The courts located in Indore, Madhya Pradesh, shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the matter amicably through good faith negotiations. If the dispute is not resolved within thirty (30) days of such negotiation, the matter shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

The arbitration shall be conducted by a sole arbitrator appointed by Capabiliq. The seat and venue of arbitration shall be Hyderabad, Telangana, India. The proceedings shall be conducted in the English language, and the arbitral award shall be final and binding on the parties.

10. Modifications to Terms

Capabiliq reserves the right to amend, modify, or revise these Terms at any time, in its sole discretion, without prior notice. Any changes to the Terms will be effective upon posting on the Capabiliq Services. Your continued access or use of the Capabiliq Services following the posting of any revised Terms shall constitute your acceptance of such changes. It is your responsibility to review the Terms periodically for any updates or modifications.

11. Grievance Redressal

If you have any grievances, concerns, or complaints regarding the Capabiliq Services, the Services, or these Terms, you may contact the designated Grievance Officer:

• Grievance Officer: Vikrant Singh
• Email: vikrant.s@capabiliq.com
• Address: 5th Floor, We Work RMZ Spire, Silpa Gram Craft Village, HITEC City, Hyderabad, Telangana 500032

We shall endeavor to acknowledge and address your grievance within thirty (30) days from the date of receipt.

12. Contact us

For any questions or clarifications regarding these Terms, please contact us at:

• Email: hrd@capabiliq.com / vikrant.s@capabiliq.com
• Address: 5th Floor, We Work RMZ Spire, Silpa Gram Craft Village, HITEC City, Hyderabad, Telangana 500032