Terms Of Use​

Terms of Service

Please read the entire Terms of Service fully and carefully before using YVI and its services, features, content or applications offered YVI (“We”, “we”,” Us”, “us”, “Our” or “our”) (together with the Site, the “Services”). These Terms of Service put forth the legally binding terms and conditions for your use of the Site/application and the Services.

Acceptance of Terms of Service.    

By using the services in any manner, you agree to these terms of service and all other operating rules, procedures and policies that may be published from time to time on the site/application by us, each of which is incorporated by reference and may be updated from time to time without notifying you.
Upon subscribing to a plan, you will be billed automatically on a monthly or yearly basis, depending on your chosen billing cycle and subscription start date. If you decide to cancel your subscription, this will stop the automatic renewal, but you will retain complete access to the platform until the end of your current billing period.
Potential customers are required to attend a demo session before they can access a 14-day trial account. The trial will be offered based on the feedback received and the specific needs of the customer.
If you cancel your subscription within the first 14 days after opening your account, you may be eligible for a full refund.
All Refunds will be processed within two working days upon getting the request. Customers will be notified about when the refunded amount will be credited to their account.
Any transaction fees incurred from payment gateways, conversion rates, bank commission, or as a result of statutory requirements will be deducted from the refund amount.

Ability to use service
With your regular use of the YVI service offerings, you accept that you are 16 years of age or older and have the right and capacity to enter into these terms of service directly or enabled by your institute. And, you are of the legal age required to form a binding contract in your jurisdiction if that age is greater than 16. you have read carefully, understand and agree to be bound by these terms of service.
 If you agree to these terms of service on behalf of any other person or entity, you represent to YVI that you have the authority and right to bind that person or entity to these terms of service
If you disagree to be bound by any part of these terms of service, you should not use the services provided by YVI and must cease any use of the services immediately.

 

1. OVERVIEW 

These terms and conditions of use (the “Terms & Conditions” or the “Agreement” or the “Terms of Service” or the “TOU”) guide your use of YVI’s (“YVI”, “we”, “us”, or “our”) platform (the “Platform”) and other services that we (YVI)may offer, including the website (collectively, the “Other Services” and together with the Platform, the “Services”). “You” include “student” or “candidate” or “Recruiting Organization” or “Educational Institution.” We revise these Terms & Conditions from time to time without any notice, so check this page frequently for changes/ updates. Your continued use of our Services after a modification to the Terms & Conditions will be considered your acceptance of the revised Agreement.

2. Who we are- The YVI Platform

YVI platform offers various software and services to support and conduct interviews effectively for businesses/companies and Educational Institutions. It is an AI-Based Video interview platform that helps you hire the right people faster & easier and enables digital hiring for enterprises to spot and onboard the best talent fast, using AI technology.
 YVI’s AI Based Interview platform helps you to interview anyone, anywhere at any time. The candidates can schedule their interviews at their convenience and the interview will be recorded. The Interviewer can view the Interview at his/her suitability and proceed to decision making. YVI has a behavioural analysis tool that delivers a quick report on the skill, ability and personality of the candidates instantly. It provides scores and ranks the candidates on their ability and there by eliminates the problem of biased recruitment. YVI’s AI based online proctoring helps the company to invigilate their candidates online, no matter where they attend their screening tests or exams from. YVI’s AI algorithm will raise the red flags that arise during these tests and bring it to attention.

The Interviews conducted can be of two types, 1) recorded questions and related contents for viewing or otherwise provided by a Recruiting Organization i.e. Recruiters, Hiring Teams, Enterprises (“Recruiting Organization Content”); and applicant response details provided by the candidate (“Candidate Content”). 
Kindly note that the Candidates are accessing the Platform to apply for a position with a Recruiting Organization that use the Platform solely for recruiting process. The platform and Services shall not be used for personal, family, or household uses. Therefore, it is as pertaining to Candidates, Employees, or Business Representatives, rather than to individuals acting in their personal capacity.
YVI is in no way directly involved in the admission process of any educational institution. We are not acting as an admission consultants or agents of any institution. The admission or assessment process is entirely managed, operated, and presided over by the Education Institution.
This Agreement by which we grant you the right to use the Platform, and the permission to use the Platform is conditional based upon your agreeing to, and compliance with, these Terms & Conditions. Please note that this Agreement will still effective even after the recruitment or assessment process is over. It will continue until you terminate this Agreement, subject to certain provisions surviving termination as explained hereafter.

3. ACCEPTABLE USE OF POLICY

This Acceptable Use Policy governs your use of the services offered by YVI and its affiliates (“Services”) and our website(s) including www.yvi.ai (“AWS Site”). We may modify this Policy by posting a revised version on the YVI Site. By using the Services or accessing the YVI Site, you agree to the latest version of this Policy.
You shall not access/use this platform/Website Services that can cause damage to the Website or Services or impairment of the availability or accessibility of the Site or Services in any unlawful, illegal, fraudulent or harmful way, or connection with any unlawful, illegal, fraudulent or harmful purpose. 
You agree not to do any of the following in connection with your use of the Platform;
• Any activity that degrades the Platform for other authorised / unauthorised users
• Any violation of policy in connection with the Platform from time-to-time
• Security negligence of the Platform, or attempt to reverse engineer, modify or copy the Services
• Breach of any applicable laws, rules or regulations, or infringe upon any third party’s intellectual property rights (including rights of privacy and publicity).
The breach of any of these Terms of Service is found by competent judicial authority to be unenforceable. The validity of the remainder of this Terms of Service will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Service.

4. CONTENT AND ITS LAWFUL USAGE

Users are solely responsible for all text, User Data, documents, or other User information or Content uploaded, entered, processed, or transmitted related to your usage of our Service and/or Software. By accepting these terms of service agreement, each User warrants, and covenants that the User owns or has a valid enforceable license to use all their User Content. User Contents shall not violate, misappropriate or infringe the rights of any entity or individual, or any applicable rule, regulation or law of any authority of competent jurisdiction. Without limiting the preceding, any feature(s) of the Service and Software that may permit you to save or otherwise store User Content temporarily is offered for your convenience only. YVI does not guarantee or ensure that the User Content will be retrievable. You are solely responsible for saving and storing or otherwise maintaining User Content and data, including maintaining backup of your User Content on appropriate independent systems that do not rely on the Service and/or Software.
YVI allows you to store or share User Content or obtain access to the User Content from other Users. In that case, the User acknowledges and accepts that the Admin of that enterprise has an exclusive, non-transferable and irrevocable license to access, copy, modify and/or remove such content, including but not limited to adding or removing the User from the team or enabling or disabling their or third-party integrations.
YVI reserves the right to refuse, limit or cancel the Service, terminate User Accounts, or edit or remove User Content at its sole discretion. Therefore, when investigating alleged violations of this Agreement, YVI reserves the right to review your User Content to resolve the issue (to prevent harmful or illegal activity). YVI may also access the User Content when providing technical support or performing other legal obligations under this Agreement.
Nevertheless, YVI has no obligation to monitor User Content (and will make no attempt to do so) and has no obligation to remove any User Content.
YVI cannot be held responsible for any loss, damage, expense or other harmful consequences to any User resulting from User Content

5. YOUR ACCOUNT, YOUR RESPONSIBILITY

To avail our Service, you will need to create an account. You agree to provide it with accurate, complete, and updated required information. You are responsible for any activity that occurs in your account.
If Your Account is a corporate account, you are allowed to create individual, and sub-admin User accounts with separate logins and access roles. However, as mentioned, you will be responsible for all the activity of those individual users. The User will receive occasional marketing or product update emails from YVI on the registered email address.

It is your responsibility to maintain the confidentiality of login activities, as you will be held responsible in case of any breach of these terms. You must notify YVI immediately if the confidentiality of your login details is compromised or if your account has been accessed/hacked unlawfully. YVI cannot and will not be liable for any damage or loss arising from your failure to comply with this security obligation.

6. CONSENT

Employer must obtain informed consent from candidates before using AI technology in video interviews. This consent must be clear, detailed and easily understandable.

7. TRANSPARANCY

Candidates have the right to know how the AI technology works, including how it evaluates its performance and what criteria it uses.

8. RETAINING RECORDS

Employers must keep video interview recording for at least 30 days and delete them upon candidate’s request.

9. DISABILITY ACCOMDATION: – Employer must make reasonable accommodations for candidates with disabilities to ensure fair participation in the interview process

10. RESTRICTIONS TO US                                                                  
    You agree not to use the Services or permit the Site/application to be used;
    • for the purpose of any illegal or unauthorized activities;
    • to post content that we determine as unlawful, offensive, threatening, defamatory, libellous, pornographic, abusive, obscene, or otherwise violates or objectionable any party’s (IP) the intellectual property or privacy rights or these Terms;
    • to circumvent, disable or interfere with security-related features of the Platform or to jeopardize or prejudice the quality, operation or integrity of the Platform and Services, or the operation, integrity or quality of any telecommunications network;
    • for any commercial purpose, including marketing, contests, nor to use the Platform or the Services to participate in or cause others to join in sending spam, chain letters, junk email, duplicative or unsolicited messages or promotional material;
    • copying and/or taking screenshots, using for free or publishing any material and content of this Site Platform in any other media;
    • selling, sublicensing or otherwise commercializing any Platform material or content displayed in the Platform;
    • publicly performing or showing any Platform material;
    • using this Platform in any way that is or may be harmful or cause damage to this Platform;
    • to extract or collect information about others, including email addresses, without their consent;
    • using this platform in any way that impacts user access to this Platform;
    • to distribute, upload, download or transfer any material which contains viruses, worms, trojan horses, cancelbots, or any other deleterious or harmful programs;
    • contrary to the terms and conditions of any Internet Service Provider whose services you use.
    • To harass, abuse or harm other persons, 
    • to contact, advertise to, solicit or sell to any user or person without their prior express consent.

11. OWNERSHIP AND INTELLECTUAL PROPERTY

YVI grants you certain limited, revocable, non-exclusive, non-sublicensable rights to use the YVI App and Services. You will also grant us certain rights to your Content; however, YVI does not claim any ownership of the information you submit through your Account or our Services.
Our Services and materials incorporated by YVI on our Services (“Material”) are protected by patents, copyrights, trade secrets or other proprietary rights. Some of the logos, characters, or other images incorporated by YVI in our Services are also protected as registered or unregistered trade names, trademarks, owned by YVI or others (“Trademarks”). YVI owns the title, copyright, and other intellectual property rights in the Material, YVI App and the Services. By using YVI, you do not acquire any ownership rights in the Services or any Material contained therein. Unless you have our express permission, you cannot use our trademarks, copyrights (or any similar marks), logos, domains, trade dress, trade secrets, patents, and other intellectual property rights. YVI respects the (IP)intellectual property rights of others and asks you to do the same. We grant you a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to use our Services, subject to and following our Terms, no rights or permissions are granted to you by implication except for the rights expressly granted to you. Without our prior written consent, you cannot transfer any of your rights or obligations under our Terms to anyone else.
YVI does not attempt to claim ownership of the Content displayed, shared, published, sent, promoted, used, or promoted provided by you, including through the channels, Communities, and Chatbots (“Content”). You, with this, permit YVI to use the Content to provide the Services. For all Content you submit to the platform, you license YVI to operate, develop, deliver, promote, and improve the Services and internally used for researching and creating new services, features and products. While we’re not required to do so, we may access, screen, review and delete your Content at any time and for any reason, including providing and developing the Services or if we think your Content violates the provided Terms and the Acceptable Use Policy. However, you alone remain responsible for the Content you create, post, upload, store, or send through the Service.
YVI will consider anything you provide to us, including, without limitations, any feedback, ideas, suggestions, or contributions to this platform without having it available for use, free of any obligations to you. You agree that we will own all the rights to any materials or items we develop based on suggestions or feedback.
We, and our third-party partners may place advertisement/promotional contents on the platform, which may sometimes appear near, over, between, or in your Content. This may include personalized advertising. For more information, please see our privacy policy.

12. PRIVACY

n connection with Your Content, you may disclose personal information to us, the Recruiting Organization. We collect, disclose and use such personal information under our privacy policy. As part of this Agreement, you agree to be bound by our privacy policy (as may be updated from time to time). Some of the Services may host in jurisdictions other than the jurisdiction you reside. Accordingly, you accept and agree that some of your personal information may transfer to jurisdictions other than the Jurisdiction you reside.

13. AVAILABILITY

YVI will not be liable if, for any reason, the Site and/or Services are unavailable at any time or for any period. Access to the Site and/or Services may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or beyond YVI’s control.

14. SAFETY AND SUPPORT

YVI cannot guarantee that the Services will always function without disruptions, delays, or errors because we have no control of our services’ third-party networks. We try to keep our Services a safe place for all users. But we can’t guarantee it.
Several factors may affect the quality of your use and communications within the platform Services and may fail your communications. YVI takes no responsibility for any disruption, interruption, or delay caused by any failure or inadequacy in any of these items we have no control over. 
YVI may need to perform maintenance on or upgrade the Service from time to time. This may require YVI to temporarily suspend or limit your use of the Services until this maintenance or upgrade can be completed. You cannot be entitled to claim damages for such limitation of the use.
You are not allowed to use any services or facilities provided in connection with our platform that compromise the security or tamper with system resources and/or accounts. The use or distribution of tools that compromise security is strictly prohibited. Suppose you become involved in any violation of system security. In that case, YVI reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities to assist them in resolving security incidents.
If you fail to comply, we have the right to remove any offending content, terminate the visibility of your Account, notify third parties—including law enforcement—and provide them with information/data relating to your Account. This step is necessary to protect the safety and security of our users and others, to remedy, investigate, and enforce potential Term violations, and detect and resolve any security concerns. We also bother about your physical safety while using our Services. So please do not use our Services in a way that would distract you from obeying traffic or safety laws.
To use our Services, you consent to automatically or manually download and install updates to our Services. You also agree to our sending your notifications via our Services from time to time, as necessary to provide our Services to you.

15. TERMINATION

We may add or delete features or functionalities, and also suspend the Services, with or without notice. We strive that you will always continue to share good vibes with our Services, but we may choose to terminate the relationship with you.
If you are using our free Services, we may terminate your relationship with us by simply ceasing to use the Services. Under applicable law, YVI can terminate your rights under our platform without notice, including, without limitation, by suspending you, blocking or terminating your Account. And without departing from our general right, if you are in breach of our Terms or policies, including those mentioned in our acceptable use of policies or if we decide not to provide the Services in certain locations or to certain devices. YVI reserves the right to discontinue or modify, permanently or temporarily, all or any part of its Services or any software, services on its Services or facilities with or without notice or to generate general guidelines and limitations on their use. 

16. INDEMNIFICATION

We agree to indemnify, defend and hold you safe from any liabilities, damages, penalties and costs from third-party claims that your use of the Platform as permitted in this Agreement infringes the copyrights, patent rights, or other (IP) intellectual property rights of a third party.
You consent to defend, indemnify and hold us safe from any damages, penalties, liabilities and costs resulting from third party claims arising from:
1. Your breach of this Agreement.
2. Your negligence or wilful misconduct.
3. Any content you upload through the Platform.
4. Any disputes you may have with any Organizations, Candidates or Students.

Any indemnification under this segment is conditioned upon the reimbursed party;
1.  Giving the indemnifying party composed notice of the case.
2. Giving the indemnifying party sole control of the safeguard and settlement of the case (that party may not settle any claim except if it genuinely delivers the indemnified party of all obligation), given that the indemnified party might hold counsel to partake in the procedures.
3. Furnishing the indemnifying party with all sensible help, at the indemnifying party’s detriment.

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17. EXCLUSION OF WARRANTIES

ALTHOUGH WE MAKE OUR BEST TO MAKE OUR SERVICES ERRORS AND INTERRUPTION ACCESSIBLE, WE CANNOT PROMISE THAT SUCH ACTIONS WILL RESULT IN SUCH INTENTED PERFORMANCE. YOUR USE OF YVI Services IS AT YOUR OWN RISK. NO WRITTEN OR VERBAL ADVICE OR INFORMATION GIVEN BY US MAY CREATE A WARRANTY. YVI AND ALL THE MATERIALS, INFORMATION, FACILITIES, SOFTWARE, SERVICES & OTHER CONTENT IN THE SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YVI, ITS PARENT COMPANY NDIMENSIONZ SOLUTIONS PVT LTD AND ANY AFFILIATES OR SUBSIDSIARY COMPANIES OF YVI DISCLAIM ALL WARRANTIES, IMPLY OR EXPRESSED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT. YVI DOES NOT WARRANT THE FUNCTIONS CONTAINED with OUR SERVICES WILL BE, UNINTERRUPTED, AVAILABLE OR ERROR-FREE, DEFECTS WILL BE RECTIFIED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR VIRUSES. THE YVI GROUP DOES NOT MAKE ANY REPRESENTATIONS OR WARRENT REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, SOFTWARE, INFORMATION, SERVICES, FACILITIES OR OTHER CONTENT ON THE PLATFORM OR ANY WEBSITES LINKED TO THE PLATFORM IN TERMS OF THEIR ACCURACY, CORRECTNESS, RELIABILITY, OR OTHERWISE. THE YVI MAKES NO WARRANTIES THAT YOUR USE OF THE INFORMATION, MATERIALS, SOFTWARE, SERVICES, FACILITIES OR OTHER CONTENTS INCLUDED IN THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS. YVI ASSUMES THAT NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, FACILITIES, SOFTWARE, SERVICES, OR OTHER CONTENT INCLUDED IN THE SERVICES OR ANY OTHER WEBSITE. SUPPOSE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU. IN THAT CASE, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

18. LIMITATION OF LIABILITY

It is not our liability in no events under this Agreement or in connection with the Services (whether in Agreement, tort or any other head of liability) exceeds the payment done by you as per this Agreement in the six (6) months immediately preceding the date of the event giving rise to the claim. If you are not satisfied with the Site, the Services or the Platform, your sole and exclusive remedy is discontinuing your use of the Site or Services. We will not be liable to you for any indirect, punitive, incidental, special, consequential or any Punitive damages, including damages for loss of profits, goodwill or data.

19. NON-ENDORSEMENT AND RELEASE

You agree and acknowledge that we provide a set of tools that allow organisations and candidates to participate in recruitment process; as a result, we are not responsible for the completeness, accuracy, appropriateness, legality or applicability of any content depicted, written or done by other users of the Services, including without limitation, any information that you may obtain by using the Services. We do not endorse anything contained in any content created by users of the Services, or any information, opinion, recommendation or advice expressed therein and you understand that you must evaluate and bear all risks associated with the use thereof. You hereby release and forever discharge us from any and all actions, causes of actions, claims, damages and liabilities that you may incur as a result of other users of the Services..

20. INDEPENDENT CONTRACTORS

we are an independent contractor to you for all purposes, and neither of us will represent/claim that we have the authority to create or assume obligations on behalf of the third party.

21. ASSIGNMENT

Neither of us will assign this terms of service Agreement without the other party’s consent. But, we may assign the Agreement to an acquirer or an affiliate of all or substantially all of our assets or business.

22. SURVIVAL

All provisions that are expressly or by their nature intends to, survive termination shall survive any expiration or termination of this Agreement.

24. NOTICES

All notices that would be given as per this Agreement: (i) if to us, will be sent by email to [email protected]; and (ii) if to you, will be sent by email to the provided email address when you registered for the Services or updated email address after registration with YVI.

24. WAIVER

The waiver of one or other party of any default or breach of any term of this Agreement shall not constitute a waiver of any other or breach or subsequent default. Except for your non-payment or violation of our proprietary rights in the Platform, no action, regardless of form, arising out of this Agreement may be brought by either of us more than one year after the cause of action has accrued.

25.GOVERNING LAW & JURISDICTION

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Kerala, India shall have exclusive jurisdiction in any proceedings arising out of this agreement
26. SEVERABILITY
Suppose any provision of this Agreement is found to be unenforceable, in breach or invalid of any law by any public body. In that case, tribunal or court of competent jurisdiction for any reason whatsoever, the invalidity or unenforceability of such provision shall not affect the enforceability or validity of the remaining provisions of this Agreement and such invalid or unenforceable provision will be severed from the remainder of this Agreement and as so modified this Agreement shall continue in full force and effect.
27. ENTIRE AGREEMENT
This Agreement and any policies we may adopt in connection with the Services hereto constitute the complete Agreement between the parties and supersedes all previous or contemporaneous agreements or representations, verbal or written, concerning the subject matter of this Agreement.
28. CONTACT INFORMATION
If you have any concerns or issues concerning this Term of Use, you may mail us at [email protected] and we will reply to you within 48 hours.
Address: O503 & O504, 5th Floor, A Wing, SCK01, Smartcity, Infopark P.O, Kochi, Kerala 682042