1.Introduction
Welcome to NewSkill, an AI-powered hiring, assessment, and recruitment automation platform. NewSkill is a product and brand owned and operated by INGENIOUSPOLYMATH (OPC) PRIVATE LIMITED ("Company", "NewSkill", "we", "our", or "us"), a company incorporated under the laws of the Republic of India.
These Terms of Service ("Terms") constitute a legally binding agreement between you and the Company governing your access to and use of NewSkill websites, the recruiter dashboard, candidate portal, assessment platform, APIs, integrations, mobile applications (if any), AI-powered hiring tools, documentation, and any related products or services offered under the NewSkill brand (collectively, the "Services").
If you do not agree to these Terms, you must not access or use the Services.
2.Definitions
- Account — a registered NewSkill user account.
- Administrator — a user authorized to manage an organization's workspace.
- Candidate — an individual invited to complete assessments, interviews, or hiring activities.
- Customer — any individual, company, institution, or entity that purchases, subscribes to, or otherwise uses the Services.
- Customer Data — all information, content, files, assessment data, candidate information, documents, and other materials submitted to or processed through the Services.
- Organization — the legal entity that owns a NewSkill workspace.
- Services — all software, applications, APIs, websites, documentation, and related services under the NewSkill brand.
- Subscription — a paid or trial plan that provides access to specific features.
- User — any person accessing or using the Services.
3.Acceptance of these Terms
By accessing or using the Services, you represent and warrant that you have read, understood, and agree to be legally bound by these Terms, you have the legal capacity to enter into a binding agreement, and, if acting on behalf of an organization, you have authority to bind that organization.
4.Eligibility
To use the Services you must be at least 18 years of age (or the minimum legal age required under applicable law), have legal authority to enter into a binding agreement, not be prohibited from using the Services under applicable law, and use the Services solely for lawful purposes. The Services are intended primarily for business and professional use.
5.Your Account
You agree to provide accurate, complete, and current information; keep it updated; maintain the confidentiality of your credentials; use strong passwords and available security features; and notify us immediately of any unauthorized use of your account.
You are responsible for all activities under your account unless caused by our negligence or a security failure attributable to us. We reserve the right to suspend or terminate accounts containing false, misleading, or fraudulent information.
6.Organization Accounts
Organizations may create workspaces for recruiters, hiring managers, interviewers, and other authorized users. The organization administrator is responsible for managing workspace settings, inviting and removing users, assigning roles and permissions, managing subscription plans, ensuring compliance with applicable laws, protecting access credentials, and reviewing user activity where appropriate. The organization is responsible for all activities in its workspace.
7.Trial Accounts
NewSkill may offer free trials or promotional access. Trial features may be limited, trial periods may expire automatically, certain functionality may be unavailable, and trial data may be deleted after the trial ends, subject to our retention policies. We may modify or discontinue trial offerings at any time.
8.Subscription Plans
Certain features require a paid subscription. Plans may vary by number of users, assessment credits, candidate volume, AI feature usage, storage limits, API access, enterprise functionality, support level, and other usage-based metrics. Current plan details and pricing are published on our website or otherwise communicated to Customers.
We may introduce, modify, or discontinue plans, features, or pricing from time to time. Where required by law or contract, we will provide reasonable notice of material pricing changes affecting existing subscriptions. Continued use after such changes constitutes acceptance.
9.User & Customer Responsibilities
User responsibilities
- Maintain accurate account information
- Keep login credentials secure
- Comply with applicable employment, privacy, labor, and data protection laws
- Ensure information uploaded to the Services is lawful
- Respect the rights of candidates and other users
- Use the Services only for legitimate recruitment, assessment, or business purposes
Customer responsibilities
- Obtain all necessary rights, permissions, and consents to use candidate information
- Ensure compliance with employment, anti-discrimination, privacy, and data protection laws
- Review AI-generated outputs before making hiring decisions
- Maintain appropriate internal hiring processes
- Configure user permissions within the workspace
- Pay applicable subscription fees
- Manage the organization's users and administrators
NewSkill provides technology to support recruitment workflows and does not make employment decisions on behalf of Customers.
10.Candidate Responsibilities
- Provide truthful and accurate information
- Complete assessments honestly
- Avoid unauthorized collaboration unless expressly permitted
- Refrain from attempting to manipulate assessment outcomes
- Not impersonate another individual
- Protect assessment confidentiality where applicable
11.Availability & Updates
We strive to provide reliable and uninterrupted access, but availability may be affected by scheduled or emergency maintenance, security incidents, third-party disruptions, connectivity issues, force majeure events, and technical failures beyond our reasonable control. We do not guarantee uninterrupted or error-free operation unless expressly agreed in a separate SLA.
We may add new features, modify functionality, improve AI capabilities, enhance security, update integrations, correct defects, and remove obsolete features. Updates may occur automatically or require user action. We may discontinue specific features where necessary.
12.Acceptable Use & Prohibited Activities
You agree to use the Services only for lawful purposes and in accordance with these Terms.
You agree not to:
- Use the Services for any unlawful purpose
- Upload malicious software, viruses, ransomware, worms, or other harmful code
- Attempt unauthorized access to any account, system, or network
- Circumvent authentication or security measures
- Interfere with or disrupt the Services
- Reverse engineer, decompile, or disassemble the Services except where expressly permitted
- Use automated scripts, bots, crawlers, or scrapers without prior written authorization
- Copy, reproduce, distribute, sell, lease, sublicense, or commercially exploit the Services except as permitted
- Use the Services to create or train a competing product or AI model without our prior written consent
- Upload content that infringes intellectual property or privacy rights of others
- Submit false, misleading, fraudulent, or impersonated information
- Attempt to manipulate assessment scores or recruitment outcomes
- Share user accounts or credentials in violation of your subscription
- Remove or alter proprietary notices, trademarks, or copyright notices
- Transmit spam, phishing messages, or unsolicited communications
- Conduct security or penetration testing without our prior written approval
13.Customer Data
Customers retain ownership of all Customer Data. By using the Services, the Customer grants us a limited, non-exclusive, worldwide, royalty-free licence to host, process, transmit, store, back up, and otherwise use Customer Data solely for providing the Services, maintaining platform functionality, technical support, security, fraud prevention, meeting legal obligations, and other activities necessary to deliver the Services. Except as expressly permitted, we do not acquire ownership of Customer Data.
Customers are solely responsible for the accuracy and legality of Customer Data, obtaining all required permissions and consents, complying with applicable laws, managing user access, and ensuring uploaded content does not infringe the rights of others.
14.Intellectual Property & Licence
The Services — including software, source code, UI, website content, documentation, designs, workflows, graphics, logos, trademarks, databases, APIs, and AI models (to the extent owned by us) — are owned by or licensed to us and protected by intellectual property laws. Except for the limited rights expressly granted, no ownership rights are transferred to you.
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services solely for your internal business purposes.
15.AI Features and AI-Generated Content
NewSkill includes AI-powered capabilities such as candidate summaries, skills analysis, interview recommendations, assessment evaluation, hiring insights, report generation, workflow automation, writing assistance, and competency mapping.
AI-generated outputs are provided to assist users and should be independently reviewed. They may contain inaccuracies, be incomplete, reflect limitations of underlying models, are not legal, employment, financial, or professional advice, and should not be used as the sole basis for employment decisions. Customers remain solely responsible for all hiring decisions.
AI Usage Restrictions
- Generate unlawful or discriminatory hiring decisions
- Produce content that violates applicable law
- Circumvent platform safeguards
- Generate harmful or abusive content
- Attempt to discover confidential prompts, model parameters, or proprietary algorithms
- Reverse engineer AI functionality
- Benchmark our AI models for competitive purposes without written permission
16.Confidentiality
Each party agrees to protect the confidential information of the other party using reasonable care. Confidential Information includes non-public information relating to business operations, product roadmaps, customer lists, pricing, security, technical documentation, product architecture, source code, proprietary algorithms, candidate assessment content, and recruitment methodologies.
17.Feedback
If you provide feedback regarding the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, publish, incorporate, and otherwise exploit that feedback without compensation or attribution. This does not affect ownership of your Customer Data.
18.Third-Party Services & Beta Features
The Services may integrate with third-party products or services including cloud infrastructure, payment gateways, authentication providers, communication tools, analytics, productivity applications, and AI providers. Your use of third-party services is governed by their own terms and policies.
Beta, preview, experimental, or early-access features are provided "as is", may change or be discontinued at any time, may contain bugs, and may not be suitable for production use.
19.Fees, Billing, Taxes & Renewals
Fees are charged in advance and are exclusive of applicable taxes (GST, VAT, sales tax, withholding tax, or other governmental charges) unless expressly stated otherwise. You authorize us and our payment processors to charge recurring subscription fees where applicable and are responsible for providing accurate billing information. Failure to pay may result in suspension or termination.
Unless otherwise specified, paid Subscriptions automatically renew at the end of each billing cycle. You may disable automatic renewal through your account settings or by contacting support before the renewal date.
20.Suspension & Termination
We may suspend access if payment is overdue, Terms are materially breached, use presents a security risk, fraud is suspected, required by law, or necessary to protect the Services, users, or third parties. Where reasonably practicable, we will provide notice before suspension.
You may stop using the Services at any time. Upon termination, your right to access ends, licences terminate, access to Customer Data may be limited or removed following retention periods, and outstanding payment obligations remain due. Customers are encouraged to export their data before terminating.
21.Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, INGENIOUSPOLYMATH (OPC) PRIVATE LIMITED DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, AVAILABILITY, AND CONTINUOUS OPERATION.
AI-generated reports, recommendations, interview guidance, candidate summaries, skill analyses, and hiring insights are informational tools only. Customers remain solely responsible for reviewing outputs, validating results, conducting interviews, complying with employment and anti-discrimination laws, and making all hiring decisions.
22.Limitation of Liability
To the maximum extent permitted by law, the Company, its directors, officers, employees, affiliates, licensors, suppliers, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, opportunities, business interruption, or procurement of substitute services. Where liability cannot be excluded, our aggregate liability shall not exceed the total fees paid by the Customer during the twelve (12) months preceding the event giving rise to the claim.
23.Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, contractors, licensors, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable legal fees) arising out of your use of the Services, your violation of these Terms, your Customer Data, your infringement of third-party rights, or your violation of applicable law.
24.Force Majeure
Neither party is liable for delays or failures due to events beyond reasonable control including natural disasters, war, terrorism, government action, labour disputes, internet outages, failures of third-party infrastructure providers, power failures, or other force majeure events.
25.Governing Law & 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 principles.
The parties shall first attempt to resolve any dispute through good-faith negotiations. If the dispute cannot be resolved amicably within thirty (30) days, either party may pursue remedies available under applicable law.
26.Changes to these Terms
We may update these Terms from time to time to reflect changes in our Services, applicable law, security improvements, or business operations. Where material changes affect user rights, reasonable notice will be provided through appropriate channels. Continued use of the Services following an updated version constitutes acceptance.
27.Contact
INGENIOUSPOLYMATH (OPC) PRIVATE LIMITED — Brand: NewSkill
Registered Office: B-128, First Floor, Sector-2, Noida, Gautam Buddha Nagar - 201301, Uttar Pradesh, India
General enquiries: support@newskill.in
Legal enquiries: legal@newskill.in
