Cognavi Terms of Use

• Article 1. Objective of Services.

  Cognavi has built the Cognavi Platform and provides the Services to help you to post a job opportunity (“Job Post”) that aligns with your experience and skill requirements. Cognavi’s goal is to simplify the recruitment process for you as well as help you reach the best potential candidate across the globe (“Applicant”). The use of Cognavi’s proprietary artificial intelligence (AI) tools, such as position AI and human AI, ensures (collectively referred to as “Cognavi’s AI Tools”) efficient and personalized job search.

• Article 2. Registration/Signing up.

  • To use the Cognavi Platform and Services, you will have to create an account and sign up on the Cognavi Platform. Signing up on the Cognavi Platform is an easy process, and it involves two steps, i.e., (i) requesting a demo and (ii) verification.
  • While requesting a demo of Cognavi Platform, you will be required to provide information as is mandatorily required by Cognavi, which may include providing your personal information. This information will be shared with Cognavi’s account administrator, who will help and assist you during your account verification process. You hereby agree to provide all the necessary information to Cognavi for registering and creating an account on the Cognavi Platform. Please note that your account verification and creation is subject to you providing complete and accurate information to Cognavi and Cognavi’s verification of such information. Verification of your account application and information provided by you to Cognavi will be at Cognavi’s sole discretion, and Cognavi’s decision in relation to granting approval for the creation of your account will be final.
  • It is your responsibility to provide Cognavi with correct and accurate information, as may be requested by Cognavi during your account creation. Cognavi will not be liable for any claims or liabilities arising from you providing inaccurate and incorrect information to Cognavi.
  • You shall manage, at your own expense and on your own responsibility, your accounts, log-in IDs, etc., assigned by Cognavi, and Cognavi has no responsibility for any damage incurred by you due to account credentials being compromised, identity theft, or any other incident that may compromise the safety of your account. You may set your passwords for yourself and may change the passwords from time to time.
  • You shall not allow your accounts, log-in IDs, passwords, etc., to be used by a third party or make a disclosure of them to a third party. Any act done with your accounts, log-in IDs, and passwords shall be deemed to have been done by you, and you shall assume full responsibility for the consequences of such acts.
  • If you are using the Services on behalf of a business or a legal entity, you agree that Cognavi may share information about your purchases and use of the Services with such business or the legal entity, including its representatives and agents. If that business or legal entity indicates that you are not authorised to place Job Posts on its behalf, you agree your access may be removed from the accounts associated with that business or legal entity.
  • If Cognavi judges that you or is suspected that you are being in violation of the preceding paragraphs or these Terms, Cognavi may suspend or terminate your access to all or part of the Services.

• Article3. Use of Services

  • The Services are designed to help you shortlist quality Applicants. You are responsible for all the Job Posts and content thereof submitted by you or on your behalf through your account on the Cognavi Platform, including but not limited to the job description, creatives, trademarks, images, company description, recruiter’s information, website details, third party URLs (“Linked Sites”).
  • You acknowledge and agree that a Job Post may only be utilized for a single job opportunity. It is impermissible for a Job Post to request applications for multiple job openings or roles. This guarantees impartiality and openness in the hiring procedure for You and the Candidate.
  • Prohibited matters. You agree that you will not, and you will not enable or authorise any third party to:
    • Violate applicable laws, regulations, or public order and morality, including any applicable laws or these Terms.
    • hire an Applicant in breach of any applicable laws, and your decision to hire an Applicant will be completely based on merit.
    • Committing a criminal act or act related to a criminal act.
    • Facilitating discrimination in employment or damaging equal employment opportunities.
    • Distributing obscene pictures or documents or sexually offending another person.
    • Committing an act that includes a falsity or error, or act which induces misleading representation about quality or facts.
    • Infringing the rights including but not limited to copyright or other intellectual property rights of Cognavi, of another user, or a third party.
    • Transmitting a computer virus or other harmful computer program, or causing an excessive load on the Services or Cognavi’s networks, systems, etc.
    • Impersonating a third party by, for example, using another user’s ID and password.
    • Failing to respond to Cognavi’s notification without justifiable grounds.
    • Using multiple accounts or login IDs.
    • Causing a disadvantage to Cognavi, another user, or a third party
    • Interfering with the operation of the Services or damaging the honor, credibility or image of Cognavi or the Services.
    • Using the Services for any purpose other than job hunting or career change activities or company/industry research.
    • Any other act which Cognavi judges to be inappropriate on reasonable grounds.
    • Create a Job Post without a genuine intention of hiring an Applicant for that position.
    • Create a Job Post that may be misleading or misrepresent any information or a job opportunity.
    • Create a Job Post that requires payments or recruitment of others or resembles franchises, multi-level marketing, memberships, distributorship, or is commission based.
    • Share or disclose personally identifiable information of Candidates to a third party.
    • Contact Candidates for any purpose other than related to a Job Post or a specific employment opportunity.
    • You shall not harass, stalk, or contact any applicant who has explicitly requested to cease all communications.
    • Except as expressly authorized by us in writing, you shall not employ any automated means or forms of scraping or data extraction to access, alter, download, query, or otherwise gather information from the Properties.
    • Except as expressly authorized by us in writing, you shall not copy, modify, or create derivative works of our Job Services or any related technology.
    • You shall not create Postings that embed malware, spyware, or other malicious codes or interfere with the operation of our Job Services, any device or system, or violate or circumvent any security measure of ours or a third party's.
  • Cognavi AI Tools. As part of the Services, Cognavi allows you to use the Cognavi AI Tools. These Cognavi AI Tools function entirely on the data or information you provide or the data provided by the Applicant or a candidate. Therefore, you are responsible for providing accurate and correct information while using Cognavi AI Tools and verifying the results generated by such AI Tools before relying on such results.
    
    These AI Tools are provided to simplify your experience of shortlisting an Applicant and hiring an Applicant for job. Cognavi assumes no responsibility and disclaims all liability for any decisions, actions, inactions you undertake based on your reliance on Cognavi AI Tools.

• Article 4. Fees, payment and cancellation.

  You may select the suitable subscription model based on the models offered to you on our subscription page available here: You agree to pay Cognavi basis and at the rate as selected under your subscription model. Upon 4 selection, the details regarding your subscription model can be accessed through your account on the Platform. You also agree to pay all applicable taxes and government charges applicable on your payment of the subscription fee to Cognavi.

• Article 5. Intellectual property rights.

  • Intellectual property rights regarding images, videos, texts, characters, programs, and any other information in the Services and Cognavi Platform shall belong to Cognavi and/or any third party who grants a license of such intellectual property rights to Cognavi except for intellectual property rights regarding the Images, etc., created by you or provided by you to Cognavi. None of the provisions of these Terms shall be construed as the transfer of Cognavi’s intellectual property rights to you.
  • You grant Cognavi a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your Job Posts, trademarks, company/business information that you provide on the Cognavi Platform for the limited purpose of providing the Services. You hereby represent and warrant that you own or have all necessary rights over the contents of your Job Post(s) and the information you share with Cognavi.
  • You own the information or content you post on the Cognavi Platform or provide to Cognavi. We will not include your content in posts or content of any third party or any other users of the Services.
  • We may modify the format of the content you provide to us to the extent necessary to publish the same on the Cognavi Platform. However, we will not modify or change the core expression or intention of the content you provide to us.
  • Further, you also provide Cognavi with a limited non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your trademarks, tradenames, names, and logos for Cognavi’s marketing and advertising purposes (“Logos”). Cognavi may use your Logos on the Cognavi Platform for advertising and marketing purposes of the Cognavi Platform.

• Article 6. Disclaimer of warranties and limitation of liability.

  • To the extent permitted under the law, in addition to disclaiming all implied warranties, Cognavi disclaims all warranties regarding the Services and the Cognavi Platform, including but not limited to any warranty about the accuracy of any information or authenticity of an Applicant or a candidate in relation to a Job Post or otherwise.
  • The Cognavi Platform and all information, content, materials, and Services included on or otherwise made available to you through the Cognavi Platform are provided by the Cognavi on an “as is” and “as available” basis. Cognavi makes no representations or warranties of any kind, express or implied, as to the operation of the Cognavi Platform, the content, materials, or Services included on or otherwise made available to you through the Cognavi Platform.
  • To the full extent permissible by applicable law, Cognavi disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, that the Service will be 5 uninterrupted, error-free or free of harmful components, and that any content will be secure or not otherwise lost or altered. Cognavi will undertake its best efforts to ensure that the Cognavi Platform and the Services do not have any bugs or viruses, but it does not warrant that the Cognavi Platform or the Services are free of viruses or other harmful components.
  • If you violate these Terms and cause damage to Cognavi or a third party or to the Cognavi Platform or the Service, you will be liable for compensation for such damage as permissible under the applicable laws.
  • Cognavi will not be liable for any damages of any kind arising from the use of the Cognavi Platform or from any information, content, materials, services, or products included on or otherwise made available to you through the Cognavi Platform.
  • Cognavi and its affiliates will not be liable to you for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, opportunities, goodwill, use, or data), even if you have been advised of the possibility of such damages. Further, neither Cognavi nor any of our affiliates will be responsible for any compensation, reimbursement, or damages arising in connection with: (a) your inability to use the Services, including as a result of any (i) termination or suspension of these Terms or your use of or access to the Cognavi Platform and the Service, (ii) our discontinuation of any or all of the Service, or (iii) any unanticipated or unscheduled downtime of all or a portion of the Platform or the Services for any reason; (b) the cost of procurement of substitute services; (c) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of the data provided by you.
  • Cognavi, including its respective affiliates, will not be liable to you in connection with these Terms for an amount that exceeds the fees paid by you to Cognavi in the last six (6) months from the date of event giving rise to the liability.

• Article 7. Indemnity

  By accepting these Terms, you agree to indemnify and otherwise hold harmless Cognavi, its directors, officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Services obtained through Cognavi Platform including but not limited to information provided by you or any other matter relating to Cognavi Platform or any candidate or Applicant that you hire or employment decision, and breach of these Terms.

• Article 8. Use of usage history data.

  • You agree in advance that in connection with your use of the Services, Cognavi may view or use your information, records of your Service usage, correspondence between you and the Applicant, and other information required by Cognavi during and after the effective term of the Services. However, upon request from you, your information will be deleted and the usage will be terminated.
  • From your acceptance of these Terms, Cognavi may reprint the information set forth in the preceding paragraph on websites, in newspaper advertisements, magazines, or other media 6 in a non-personally identifiable form, and Cognavi may also reprint said information in media issued by business partners and mass communications in a non-personally identifiable form, and you shall agree to such reprinting in advance.
  • If Cognavi views or uses information as described in the preceding two paragraphs, Cognavi shall handle such information with due care of a prudent manager in accordance with the applicable laws and regulations.

• Article 9. Confidentiality

  • Cognavi and you shall keep information regarding the Services and disclosed information designated in writing as confidential (“Confidential Information”) in confidence, and shall not use the Confidential Information for purposes other than those for which it is disclosed and manage it with due care.
  • Neither Cognavi nor you may disclose the Confidential Information to a third party except as permitted by laws and regulations. However, this does not apply to the following information:
    • Information that is already public at the time of disclosure;
    • Information that becomes public through no fault of the receiving party;
    • Information which the receiving party independently develops without reliance on the Confidential Information; and
    • Information that is lawfully disclosed by a third party.

• Article 10. Cognavi’s handling of personal information.

  • Cognavi will receive your personal information in trust. With the following rules in place for the handling of the personal information, Cognavi is committed to its protection.
  • Cognavi will handle personal information for the following purposes of use:
    • To provide the Services;
    • To contact you and answer your inquiries;
    • To check on your Service usage status;
    • To provide questionnaire, campaign and other information in mail magazines, or by e-mail, regular mail, phone or the like; and
    • In addition to each of the above, to provide Cognavi’s services.
  • Cognavi may outsource all or part of handling personal information to a third party if necessary to fulfill the purposes of use. In this case, Cognavi will choose a contractor which is considered to handle personal information appropriately, include matters necessary to prevent the leakage of the customer’s personal information, etc., such as the proper management of personal information and confidentiality, in the agreement, etc. with the contractor, and cause the contractor to exercise appropriate management.
  • Cognavi may request you to provide personal information in order to fulfill the purposes of use, of the Service but you have the discretion to decide whether or not to provide such information. However, if necessary personal information is not provided to Cognavi, you may not be able to use the Services or Cognavi’s other services.
  • You have the right to demand that the purposes of use of personal information be notified or disclosed, the information be corrected, added to or deleted, its use be suspended, it be erased, and its provision to third parties be suspended.
  • Cognavi may make changes or amendments to your personal information only with your consent.
  • Cognavi may acquire personally unidentifiable attribute information from information provided by You during your use of the Services. (limited to information which cannot be collated easily and cannot be combined with another information to uncover the identity of a certain individual), and your behavior history on the Cognavi Platform, using cookies, JavaScript, and other technologies. However, the cookies and behavior history will contain no personal information.
  • Cognavi may use the personal data, which Cognavi acquired under the preceding paragraph, without restriction.
  • Inquiries about the handling of personal information should be sent to care@cognavi.com.

• Article 11. Interruption, change, termination of the Services.

  • Cognavi may interrupt or change all or part of the Services at its own discretion if:
    • the periodical or emergency maintenance check of the Services is to be conducted;
    • the Services are rendered unavailable due to an event not attributable to Cognavi, such as a fire, power outage, earthquake, and extraordinary natural phenomenon;
    • Cognavi otherwise judges such action to be necessary for the operation or technical purposes.
  • Cognavi shall be able to decide to change or terminate the provision of all or part of the Services with the public announcement or notification to you.
  • Even if you incur damages due to suspension of or change to the Services or termination of the provision of the Services under these Terms, Cognavi has no responsibility towards such damage incurred by you.

• Article 12. Notification from Cognavi

  • Notification from Cognavi to you will be given by placing it on the Cognavi Platform or sending it by e-mail to your registered e-mail address, or by phone or any other method specified by Cognavi.
  • If the notice is displayed on Cognavi Platform or sent by email, then such notice shall be deemed effective upon transmission by Cognavi. If the notice is sent through a certified or registered mail (return receipt requested) then such notice will be deemed to be received two days after Cognavi sends it.
  • Cognavi shall have no responsibility even if disadvantage or damage is incurred by you due to the information registered by you is not accurate or current.

• Article 13. Effective term.

  The effective term of these Terms Services shall be from the day on which you access the Cognavi Platform. You may terminate these Terms by notifying Cognavi to that effect by a method specified by Cognavi or by deleting your account form the Cognavi Platform.

• Article 14. Suspension, contract termination

  • Cognavi may suspend the use of the Services without sending a prior notice or demand for rectification if, in its opinion:
  • You are in violation of laws, regulations or these Terms, or is likely to violate them;
  • You suspend your payment or becomes unable to pay your debts to Cognavi when due, or becomes the subject of a petition for the commencement of bankruptcy, civil rehabilitation or corporate reorganization proceedings, or other similar proceedings;
  • Any of the bills or checks drawn or accepted by you are dishonored,
  • You become the subject of an order for provisional attachment or provisional disposition, and the order stays valid for 15 days or more, or becomes the subject of a petition for attachment or auction;
  • You are punished for non-payment of taxes or public charges;
  • You commit any of the acts prohibited under Section 3 (c) above and Cognavi judges that it interferes with Cognavi’s business operation;
  • You are discovered to be a member of a terrorist group or criminal organization, or upon discovery of a fact that underlies the suspicion of such involvement;
  • Half a year has elapsed from the next day of the day when you used the Service for the last time; and
  • Cognavi otherwise judges that the provision of the Services is interfered.
  • Cognavi has no responsibility for any damage incurred by you as a result of any action taken by Cognavi pursuant to this Section.

• Article 15. Damage compensation

  If Cognavi incurs damage due to your violation of these Terms, you will be responsible for compensating Cognavi for all the damages incurred by Cognavi (including, but not limited to, attorneys’ fees).

• Article 16. Handling of complaints.

  If Cognavi receives a complaint from you, Cognavi’s complaint handling personnel will process the complaint promptly and appropriately. Please write to us at care@cognavi.com.

• Article 17. Revision of Terms.

  Cognavi may revise these Terms at its own discretion if Cognavi judges it to be necessary. If these Terms are revised, Cognavi shall notify you of the revision by the method specified by Cognavi, and if you use the Services thereafter, you will be deemed to have accepted the revision of these Terms.
  
  Cognavi has no responsibility for any damage incurred by you due to a revision of these Terms or your failure to check these Terms for any revision.

• Article 18. Mutual consultations.

  If there arises any matter not specifically addressed in these Terms or any doubt about the interpretation of the provisions of these Terms, you and Cognavi will resolve it through goodfaith mutual consultations

• Article 19. Governing law.

  These Terms shall be governed by the laws of India.

• Article 20. Dispute settlement

  • If any kind of dispute or inconsistency arises between the parties in connection with these Terms or any other transaction document, including disputes over the existence, validity, or termination of such document (hereinafter referred to as “Dispute”), the parties shall meet to resolve such dispute amicably through amicable mutual consultations.
  • If a Dispute cannot be resolved amicably through amicable mutual consultations, either party shall refer the Dispute for the final resolution by arbitration to Karnataka High Court Arbitration Centre (KHCAC).
  • The arbitral tribunal shall consist of a sole arbitrator appointed mutually by the parties to the dispute. In case the parties to the dispute do not agree upon or appoint a sole arbitrator within a period of 30 (Thirty) days, any of the parties to the dispute can approach a competent court of jurisdiction to request appointment of a sole arbitrator.
  • The language of the arbitration shall be English, and the venue and seat of the arbitration shall be Bengaluru. The arbitrator shall be entitled to award.

• Article 21. Miscellaneous

  These Terms and the privacy policy available at https://www.cognavi.com/privacy are the entire agreement between you and Cognavi with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Cognavi and you. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. These Terms are personal to you and are not assignable or transferable by you except with Cognavi’s prior written consent. Cognavi may assign, transfer or delegate any of its rights and obligations hereunder without your prior consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service. Cognavi shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under this these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond Cognavi’s reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Cognavi or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, provided that you are notified of such an event and its expected duration.