Terms and Conditions
Effective Date: 1 October 2024
Last Updated: 19 November 2024
Welcome to OptyMatch, a self-use cloud platform developed and operated by Acclivity Software Pvt. Ltd. (“Company”). By accessing or using OptyMatch (“Service”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). Please read these Terms carefully, as they constitute a legally binding agreement between you and Acclivity Software Pvt. Ltd. If you do not agree with these Terms, you may not use the Service.
Definitions
- “OptyMatch” refers to the cloud-based recruitment platform developed by Acclivity Software Pvt. Ltd.
- “User” refers to any individual or entity accessing or using the Service, including employers, recruiters, and candidates.
- “Content” refers to all data uploaded or shared on the platform, including resumes, job descriptions, and other files.
- “Subscription Plan” refers to the paid plans offered by OptyMatch, including monthly, quarterly, yearly, and enterprise subscriptions.
Service Overview
OptyMatch is a cloud-based recruitment solution designed to streamline hiring processes by:
- Parsing and organizing resumes into tagged folders.
- Comparing resumes with job descriptions to provide match scores.
- Engaging candidates through chatbot tools.
The Service is accessible via a user account and is intended for professional use in compliance with these Terms.
Permitted and Prohibited Use
a. Permitted Use
You may use the Service solely for lawful purposes, including:
- Managing recruitment data, such as resumes and job descriptions.
- Running job matches and organizing candidates.
- Engaging with candidates using platform tools.
b. Prohibited Use
You agree not to:
- Use the Service for any unlawful, fraudulent, or unauthorized activity.
- Upload content that infringes on intellectual property rights, violates privacy laws, or contains defamatory or offensive material.
- Access the Service using unauthorized methods or attempt to disrupt its functionality.
- Use the platform to distribute malware, spam, or unsolicited advertising.
- Allow unauthorized third parties to access your account or misuse the Service.
User Responsibilities
a. Accuracy of Content
You are solely responsible for ensuring the accuracy, legality, and ownership of all content uploaded to the Service, including resumes and job descriptions.
b. Compliance
You agree to comply with all applicable laws, including but not limited to:
- Labor laws.
- Data protection regulations such as GDPR or India’s IT Act, 2000.
- Anti-discrimination laws.
c. Account Security
You are responsible for maintaining the confidentiality of your account credentials and promptly notifying OptyMatch of any unauthorized access or suspected breach.
Intellectual Property
a. Ownership
All intellectual property associated with OptyMatch, including software, design, trademarks, and documentation, is owned by Acclivity Software Pvt. Ltd.
b. Limited License
Users are granted a limited, non-exclusive, and non-transferable license to use the Service as outlined in these Terms. This license does not grant ownership of any part of the Service.
c. Restrictions
You may not reproduce, distribute, or modify the Service without explicit prior consent from Acclivity Software Pvt. Ltd.
Data Privacy and Security
a. Data Ownership
You retain ownership of all data you upload to the platform.
b. Data Usage
OptyMatch processes user data solely for providing its services. For details on how we handle your data, refer to our Privacy Policy.
c. Security Measures
OptyMatch employs industry-standard security measures, including encryption and access controls. However, no system is entirely immune to breaches, and users acknowledge this risk.
Subscription Plans and Refunds
a. Subscription Plans
Users must select a subscription plan to access the Service. Payments are non-refundable for monthly plans.
b. Refund Policy
Refunds for unused months in quarterly or yearly plans are available under specific conditions. For enterprise plans, refunds are governed by the contractual agreement. For full details, refer to our Refunds Policy.
c. Payment Issues
Non-payment of fees may result in account suspension or termination.
Limitation of Liability
To the fullest extent permitted by law:
- No Warranty: The Service is provided “as is” and “as available” without warranties of any kind.
- Limited Liability: Acclivity Software Pvt. Ltd. is not liable for indirect or consequential damages, including loss of data or profits.
- Liability Cap: Total liability is limited to the subscription fees paid by the user in the 12 months preceding the claim.
Termination
- a. User Termination
You may terminate your subscription at any time via your account settings. Refunds, if applicable, are subject to the Refund Policy.
b. OptyMatch Termination
We may suspend or terminate your access for violations of these Terms or misuse of the Service.
c. Post-Termination
Upon termination, all associated data will be deleted, except as required by law or outlined in our Data Retention Policy.
Indemnification
You agree to indemnify and hold harmless Acclivity Software Pvt. Ltd., its affiliates, and employees from claims, damages, or expenses arising from:
- Your use of the Service.
- Content uploaded by you.
- Your breach of these Terms.
Modifications to Service or Terms
Service Updates: OptyMatch reserves the right to update, modify, or discontinue the Service at any time.
Terms Changes: We may revise these Terms periodically. Users will be notified of significant changes, and continued use of the Service constitutes acceptance.
Changes to Pricing and Offerings
- OptyMatch reserves the right to modify, revise, or discontinue any aspect of its services, including but not limited to pricing, subscription plans, features, and functionality, at any time without prior notice. Any changes to pricing or offerings will take effect at the start of the next billing cycle or as specified in the update.
- For existing subscribers, we will make reasonable efforts to notify you of significant changes to pricing or services. Continued use of the platform after such changes will constitute acceptance of the revised terms.
Governing Law and Dispute Resolution
a. Governing Law
These Terms are governed by the laws of India.
b. Dispute Resolution
Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts in Delhi, India.
Contact Us
OptyMatch
Email: support@optymatch.com
Address: D-107, First Floor, Vyapar Marg, Sector 2, Noida-201301, Uttar Pradesh, India