Terms and Conditions

1. Terms & Conditions

1.1 Definitions & Interpretation

1.2 Scope of Services & No Employment Guarantee

QualScore provides technical infrastructure for skill evaluation, behavioral assessment, and background verification coordination. The Company acts solely as a data processor and technology provider.

1.3 Employer Obligations & Warranties

Employers using the Platform warrant and represent that:

• Compliance with Labour Laws: They shall adhere strictly to the Equal Remuneration Act, 1976, Industrial Disputes Act, 1947, and POSH Act, 2013 while using candidate data.
• Non-Discriminatory Use: QualScore Reports shall not be used as the sole basis for discriminatory hiring practices based on gender, religion, caste, or disability.
• Data Containment: They shall not resell, redistribute, or publicly publish candidate reports or PII (Personally Identifiable Information) obtained from QualScore.

1.4 Candidate Consent & Voluntary Participation

1. Acknowledges Understanding: Confirms that they have read, understood, and accept the nature, scope, and methodology of the QualScore evaluation process, including but not limited to:
   • AI-assisted skill assessments and behavioral analysis
   • Audio and video recording of interview sessions
   • Proctoring mechanisms including facial recognition and screen monitoring
   • Background verification procedures
   • Psychometric and aptitude testing
2. Voluntary Consent: Declares that their participation is entirely voluntary, free from any coercion, duress, or undue influence, and that they have the right to withdraw from the process at any time (subject to the consequences outlined in Section 3).
3. Data Processing Consent: Grants informed consent for the collection, processing, storage, and sharing of their personal data (including sensitive personal data as defined under the DPDP Act, 2023) with prospective Employers and authorized third parties as described in the Privacy Policy.
4. Recording & Monitoring Consent: Explicitly consents to audio/video recording, screen capture, keystroke logging, and AI-based behavioral monitoring during all evaluation sessions for the purposes of authentication, proctoring, and assessment quality assurance.
5. Accuracy Warranty: Warrants that all information, documents, responses, and credentials provided are accurate, complete, genuine, and not misleading. The Candidate acknowledges that any falsification or misrepresentation may result in:
   • Immediate disqualification from the evaluation process
   • Termination of any employment offer or existing employment
   • Reporting to prospective employers and legal authorities
   • Liability for damages caused to QualScore or third parties
6. No Guarantee of Outcomes: Understands and accepts that:
   • Participating in the QualScore evaluation does NOT guarantee, promise, or assure any employment, job offer, interview opportunity, salary negotiation, or placement with any employer
   • QualScore is NOT a recruitment agency and has no control over employer hiring decisions
   • Employers may or may not consider, accept, or rely upon QualScore Reports based on their independent company policies and discretion
   • The evaluation process is entirely separate from actual employment decisions
7. Report Modification Rights: Acknowledges and accepts that QualScore reserves the right to modify, update, correct, or withdraw evaluation reports at any time without prior notice, and no refund or compensation shall be claimed for such modifications.
8. Report Storage, Commercialization & Multi-Employer Sharing: Explicitly grants QualScore the irrevocable, perpetual, worldwide right to:
   • Store and Retain: Maintain the Candidate's QualScore Report, evaluation data, scores, assessments, and profile information in QualScore's database and dashboard for the duration permitted under applicable law (up to 24 months or as per data retention policy)
   • Commercial Use: Use, license, and commercialize the Candidate's QualScore Report by sharing it with multiple employers, recruiters, and hiring organizations for commercial value and monetary consideration paid by such employers to QualScore
   • Unlimited Employer Access: Share the Candidate's report with any number of prospective employers who subscribe to QualScore's services, without requiring separate consent for each employer, provided the Candidate has marked their profile as "Open to Opportunities" or has applied through the Platform
   • No Revenue Sharing: The Candidate shall have no claim to any revenue, royalty, or compensation generated by QualScore from the commercial sharing or licensing of their evaluation reports to employers
   • Profile Visibility: The Candidate's anonymized profile (with scores and assessments but without full personal contact details) may be shown to employers for candidate discovery purposes, with full contact details shared only upon mutual interest or Candidate's explicit application
9. Report Sharing Authorization: Authorizes QualScore to share their evaluation reports, scores, and assessment data with Employers as described above, understanding that this may result in unsolicited interview opportunities from multiple employers simultaneously.

1.5 User Obligations & Prohibited Conduct

All Users agree NOT to:

• Reverse engineer, decompile, or disassemble any aspect of the AI algorithms or source code.
• Share account credentials or allow unauthorized third-party access.
• Use the platform for "shadow hiring" or creating unauthorized databases.
• Submit falsified documents or impersonate any individual during assessments.
• Use proxy services, AI assistants, or unauthorized third-party help during evaluations.
• Record, screenshot, or reproduce assessment content for external distribution.
• Engage in any activity that compromises the integrity of the evaluation process.

1.6 Limitation of Liability

To the maximum extent permitted by Indian law:

• Indirect Damages: QualScore shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business reputation.
• Liability Cap: The total aggregate liability of QualScore for any claim arising out of or relating to these Terms shall not exceed the fees actually paid by the User to QualScore in the three (3) months immediately preceding the event giving rise to the claim.
• Third-Party Actions: QualScore is not liable for the acts or omissions of third-party BGV vendors or Evaluators, who operate as independent contractors.

1.7 Indemnification

You agree to indemnify, defend, and hold harmless QualScore, its directors, officers, and employees from any claims, liabilities, damages, and expenses (including legal fees) arising from: (a) your violation of these Terms; (b) your violation of any third-party right, including intellectual property or privacy rights; or (c) any misrepresentation made by you.

1.8 Dispute Resolution & Governing Law

This Agreement shall be governed by the laws of India. Any dispute shall be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by QualScore. The seat of arbitration shall be Hyderabad, Telangana. Courts in Hyderabad shall have exclusive jurisdiction.

1.9 Payment Terms & Transactions

All payments for QualScore services must be made through authorized payment methods displayed on the Platform.

A. Payment Methods & Processing

• Accepted Methods: Credit/Debit Cards, UPI, Net Banking, Corporate Purchase Orders (for enterprise clients)
• Payment Gateway: Payments are processed through third-party payment gateways (Razorpay, Stripe, PayU). QualScore does NOT store your complete card details on our servers.
• Currency: All payments are in Indian Rupees (INR) unless otherwise specified for international clients.

B. Pricing & GST

• Pricing Display: All prices displayed on the Platform are exclusive of GST unless explicitly stated otherwise.
• GST Compliance: QualScore will charge applicable Goods and Services Tax (GST) as per the GST Act, 2017. GST invoices will be issued within 3 working days of payment.
• Input Tax Credit: Registered businesses may claim Input Tax Credit (ITC) based on the GST invoice provided.

C. Failed Transactions & Payment Disputes

Failed Transaction Process: If payment is deducted from your account but the service is not activated:

• Contact support@qualscore.co with transaction ID and screenshot
• QualScore will verify the transaction with the payment gateway (typically within 48 hours)
• If confirmed, the service will be activated OR a refund will be processed within 7-10 working days

D. Chargebacks & Disputes

Chargeback Policy: Initiating a chargeback with your bank/card issuer without first contacting QualScore support is considered a breach of these Terms and may result in:

• Immediate suspension of account and services
• Blacklisting from future use of the Platform
• Legal action to recover amounts owed plus costs

Legitimate Dispute Process: For genuine payment disputes, contact support@qualscore.co first. We will investigate and resolve within 7 working days.

E. Employer Credits & Expiry

Credit System: Employers purchasing credits (assessment slots) agree that credits are:

• Non-refundable once purchased
• Non-transferable to other accounts
• Valid for 12 months from date of purchase (unless otherwise specified in enterprise contracts)

Credit Expiry: Unused credits expire after the validity period. Expired credits cannot be reinstated, refunded, or extended except in cases of Force Majeure events preventing use.

Credit Forfeiture: Credits may be forfeited without refund if the Employer account is terminated for policy violations.

1.10 Account Management & Termination

A. Account Creation & Verification

• Eligibility: You must be at least 18 years old to create an account. Minors (under 18) may use the Platform only with explicit parental/guardian consent.
• Email Verification: All accounts require email verification. Phone number verification (OTP) may be mandatory for certain services.
• Accurate Information: You warrant that all registration information (name, email, organization) is accurate and current. Fake accounts or impersonation will result in immediate termination.

B. Account Security Responsibilities

Users are responsible for:

• Maintaining the confidentiality of login credentials (username/password)
• Using strong passwords (minimum 8 characters with letters, numbers, and symbols)
• Enabling Two-Factor Authentication (2FA) where available (mandatory for employer accounts)
• Immediately notifying QualScore of any unauthorized access via support@qualscore.co

C. Account Suspension by QualScore

QualScore reserves the right to suspend or restrict account access (without prior notice) if:

• Policy violations are detected (cheating, fraud, impersonation)
• Suspicious activity is flagged by security systems
• Multiple failed login attempts suggest unauthorized access attempts
• Payment disputes or chargebacks are initiated
• Legal or law enforcement requests require suspension

Suspension Process: Suspended users will receive an email explaining the reason. You may appeal by contacting support@qualscore.co with supporting evidence. Appeals will be reviewed within 7 working days.

D. Account Termination by User

Users may request account deletion by emailing support@qualscore.co with subject line "Account Deletion Request - [Your Email]". Upon account deletion:

• Access to the Platform will be permanently revoked
• Evaluation reports and data will be anonymized (not deleted) per data retention policy
• No refunds will be issued for unused credits or pending services
• Deletion is irreversible - you cannot reactivate the same account

E. Inactive Account Policy

• Candidate Accounts: Accounts inactive for 24 months will be archived. Data will be retained but login access may be disabled.
• Employer Accounts: Inactive corporate accounts (no logins for 18 months) will receive a notice before archiving. Unused credits in inactive accounts expire.

1.11 Minor Protection & Age Restrictions

A. Parental/Guardian Consent for Minors

If a candidate is under 18 years of age (minor), they may use the Platform ONLY if:

• A parent or legal guardian has read and accepted these Terms on their behalf
• The parent/guardian provides explicit written consent via support@qualscore.co
• The parent/guardian is responsible for monitoring the minor's use of the Platform

Consent Form Requirement: For minors, a signed "Parental Consent Form" must be submitted before the evaluation process begins.

B. Special Data Protection for Minors

In compliance with the DPDP Act, 2023 provisions for child data protection:

• Verifiable Parental Consent: QualScore will take reasonable steps to verify that the person providing consent is the actual parent/guardian.
• Limited Data Collection: For minors, QualScore will collect only the minimum necessary data for evaluation purposes. Marketing communications will NOT be sent to minors.
• Shorter Retention: Data of minor candidates will be retained for a maximum of 12 months (instead of 24 months for adults), then anonymized.
• Parent Access Rights: Parents/guardians may request access to, correction of, or deletion of their child's data at any time.

C. Prohibition on Certain Services for Minors

Even with parental consent, the following services are NOT available to minors:

• Commercial employment background verification (BGV) requiring Aadhaar, PAN, or credit checks
• Assessments for roles requiring legal working age certification
• Direct payment transactions (payments must be made by parent/guardian)

D. Discovery of Underage Users

If QualScore discovers that a user is under 18 without proper parental consent:

• The account will be immediately suspended
• The user will be contacted to provide parental consent within 7 days
• If consent is not provided, the account will be terminated and data deleted
• No refunds will be issued for services consumed

1.12 Service Availability & Platform Disclaimers

A. "AS-IS" Service Disclaimer

B. Uptime & Service Availability

No SLA Guarantee: QualScore does NOT guarantee 100% uptime or availability. The Platform may experience downtime due to:

• Scheduled maintenance (notified 48 hours in advance where possible)
• Emergency security patches or critical bug fixes
• Third-party service failures (cloud infrastructure, CDN, DNS)
• DDoS attacks, cyber incidents, or force majeure events

Target Availability: QualScore aims for 99.5% monthly uptime (excluding scheduled maintenance), but this is a target, not a guarantee. No compensation or refunds are provided for downtime.

C. Scheduled Maintenance

• Notification: Scheduled maintenance will be announced via email and dashboard banner at least 48 hours in advance (for major updates) or 24 hours (for minor patches).
• Typical Window: Maintenance is generally scheduled during low-traffic periods (Sunday nights, 11 PM - 3 AM IST).
• Extended Downtime: If maintenance extends beyond the announced window, users will be notified via email with updated timelines.

D. Service Interruption Handling

For Candidates: If the Platform becomes unavailable during an active assessment:

• The assessment will auto-pause and save progress (where technically possible)
• You will receive an email with instructions to resume once service is restored
• Assessment timers will be adjusted to account for downtime (if interruption exceeds 15 minutes)
• If the interruption prevents completion, a free rescheduling will be offered

For Employers: If report generation or data access is unavailable:

• Service will be restored as per priority (critical > high > medium)
• Credit validity may be extended if downtime prevents credit usage (at QualScore's discretion)

E. Third-Party Service Dependencies

QualScore relies on third-party services including:

• Cloud Hosting: AWS/Azure/GCP for infrastructure
• Video Conferencing: Zoom/Google Meet/Microsoft Teams for live interviews
• Email Delivery: SendGrid/AWS SES for transactional emails
• Payment Processing: Razorpay/Stripe/PayU

F. Browser & Device Compatibility

Supported Environments: The Platform is optimized for:

• Browsers: Latest versions of Chrome, Firefox, Edge, Safari
• Devices: Desktop/Laptop (recommended for assessments), Tablets, Smartphones (limited features)
• Operating Systems: Windows 10+, macOS 10.14+, Ubuntu 18.04+, iOS 13+, Android 8+

Unsupported Environments: QualScore does NOT guarantee functionality on:

• Internet Explorer (deprecated)
• Outdated browser versions (more than 2 years old)
• Jailbroken/rooted devices
• Beta or pre-release OS versions

Users experiencing technical issues due to unsupported environments will NOT be entitled to refunds or rescheduling.

4. Consent for Background Verification

To the Candidate / Data Principal:

By proceeding with the Background Verification (BGV) module, you hereby grant free, specific, informed, unconditional, and unambiguous consent to QualScore and its empaneled partners to:

• Verify Identity: Validate PAN, Aadhaar (via masked offline verification), Passport, and Voter ID.
• Validate History: Contact past employers, educational institutions, and references provided by you.
• Check Records: Conduct court record checks (civil/criminal) and credit database checks where applicable for the role.

Declaration: You declare that all information provided is true. You understand that falsification of data serves as grounds for immediate revocation of any offer letter, termination of employment, and potential blacklisting, without prejudice to other legal remedies available to the Employer.

4.1 Third-Party BGV Vendors & Data Sharing

4.2 Candidate Electronic Acknowledgment

5. Data Security Policy (For Employers)

5.1 Access Control & Confidentiality

Employers are granted a limited, non-exclusive, revocable license to access QualScore Reports for internal hiring purposes only. Access must be restricted to authorized HR personnel on a "need-to-know" basis. Sharing credentials is a material breach of this agreement.

5.2 Prohibited Usage

Employers shall strictly refrain from:

• Scraping platform data using bots or automated scripts.
• Using reports to build a competing database or service.
• Storing candidate PII on unsecured local devices or public cloud storage.

5.3 Audit Rights

QualScore reserves the right to audit Employer usage logs remotely to ensure compliance with this policy. In the event of a suspected breach, QualScore may suspend access immediately pending investigation.

6. AI & Automated Decision Disclosure

6.1 Nature of AI Services

QualScore utilizes Artificial Intelligence (AI) and Machine Learning (ML) models to assist in scoring, proctoring, and fitment analysis. These systems analyze patterns in voice, text, code, and facial expressions.

6.2 Limitation of Algorithms

The User acknowledges that AI systems may have inherent limitations regarding accents, lighting conditions, or non-standard inputs. QualScore disclaims liability for any "false positives" (e.g., proctoring flags) or "false negatives" generated by the system. Employers are required to maintain a "Human-in-the-Loop" for all final rejection decisions.

7. Intellectual Property Rights

7.1 Ownership & QualScore Report Rights

All content, software, algorithms, UI/UX designs, question banks, and methodologies on the Platform are the exclusive Intellectual Property of QualScore Technologies Pvt. Ltd. No rights are granted to Users except the limited usage rights explicitly stated herein.

QualScore Reports: All reports, scores, assessments, and evaluation outputs generated by the Platform remain the intellectual property of QualScore Technologies Pvt. Ltd. Users are granted only a limited, non-transferable license to view and use such reports for their intended purpose.

7.2 Right to Modify, Update, or Withdraw Reports

User Acknowledgment: Users (Candidates and Employers) expressly acknowledge and accept that:

• Modified reports supersede all previous versions
• QualScore is under no obligation to notify Users of report modifications unless legally required
• No compensation, refund, or damages shall be claimed for report modifications
• Hiring decisions based on previous report versions are at the Employer's sole risk

7.3 Anti-Reverse Engineering

Users shall not attempt to derive the source code, underlying logic, or training data of the AI models. Any such attempt constitutes a violation of the Copyright Act, 1957 and Trade Secrets protection.