Terms of Service

1. Acceptance of Terms

1.1 Agreement

These Terms of Service (the "Terms") govern your access to and use of the HumanBit placement platform, website, and services (collectively, the "Service"). By accessing or using the Service, whether as a Company or a Candidate (collectively, "Users"), you agree to be bound by these Terms and the Privacy Policy.

1.2 Binding Contract

These Terms constitute a legally binding contract between you and HumanBit. If you are a Candidate, Section 4 (Pay After Placement Agreement) contains critical payment obligations which you must read and agree to before using the Service.

1.3 Changes to Terms

HumanBit reserves the right to modify these Terms at any time. We will notify Users of material changes via email or prominent notice on the platform. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

2. Services Provided

HumanBit operates a curated placement platform focused on connecting pre-vetted Candidates with high-paying Go-To-Market (GTM) roles in product companies. Our services include:

• Platform Access: Providing access to our proprietary platform and database.
• Matching Services: Using proprietary methods to match Candidates with open Company positions.
• Facilitation: Facilitating introductions, interviews, and communication between Users.

2.1 No Guarantee of Outcome

HumanBit provides matching and facilitation services only. We do not guarantee:

• Placement or employment for any Candidate.
• The outcome of any interview or hiring process.
• The performance or suitability of any Candidate post-hire.
• The volume or quality of Candidates or job openings available on the platform.

2.2 Disclaimer of Employment Relationship

HumanBit is not an employer, recruiting agency, or staffing firm for Candidates. All employment decisions and agreements are solely between the Candidate and the Company. We are not a party to any employment contract.

3. User Accounts and Obligations

3.1 Account Registration and Security

Users must provide accurate, complete, and truthful information during registration and maintain the confidentiality of their account credentials. You are responsible for all activities that occur under your account.

3.2 Prohibited Conduct

Users agree not to:

• Use the Service for any illegal, unauthorized, or fraudulent purpose.
• Circumvent or attempt to circumvent the fee structure outlined in Section 4.
• Post false, misleading, or defamatory content.
• Engage in any activity that disrupts or interferes with the Service.
• Share proprietary or confidential information of HumanBit or other Users.

3.3 Company Obligations

In addition to the Privacy Policy, Companies agree:

• To provide accurate and up-to-date job descriptions, compensation details, and hiring manager information.
• To notify HumanBit immediately upon extending an offer, an offer acceptance, or the joining date of any Candidate introduced via the Service.
• To maintain the confidentiality of all Candidate profiles and information shared through the platform.

3.4 Candidate Obligations

In addition to the Privacy Policy and Section 4, Candidates agree:

• To provide accurate, truthful, and complete information regarding qualifications, work history, and salary expectations.
• To notify HumanBit immediately upon receiving an offer, accepting an offer, or joining a Company introduced via the Service.
• To cooperate with HumanBit in verifying employment and salary details as required to administer the Pay After Placement Agreement.

4. Candidate Pay After Placement (PAP) Agreement

4.1 Success Fee Trigger

The Candidate becomes legally obligated to pay the Success Fee to HumanBit if, during or within 12 months of using the Service (including introductions, interviews, or profile sharing), they secure employment with a Company introduced by HumanBit where the Cost to Company (CTC) is ₹9,00,000 (₹9 LPA) or above.

4.2 Fee Structure

4.3 Payment and Verification

1. Documentation: The Candidate must provide HumanBit with a copy of the official offer letter and other necessary salary documentation (salary slips, bank statements) within 7 days of accepting the offer to verify the CTC and calculate the fee.
2. Verification: The Candidate authorizes HumanBit to contact the employing Company solely for the purpose of verifying the employment and CTC details, if deemed necessary.

4.4 Trial Period and Refund Policy

1. 2-Week Trial Period: If the Candidate voluntarily resigns or is terminated by the Company within the first two (2) weeks (14 calendar days) of their joining date, the Candidate may request a full waiver or refund of any fees paid.
2. No Refunds After 2 Weeks: If the Candidate remains employed by the Company for more than two (2) weeks, the full Success Fee becomes immediately due and payable, and the right to a refund is waived.

4.5 Breach and Legal Action

Failure by the Candidate to pay the Success Fee when due, or failure to disclose a placement that triggers the fee, constitutes a material breach of these Terms. HumanBit reserves the right to pursue all available legal remedies, including initiating collection proceedings and legal action in the exclusive jurisdiction of courts in Bangalore, Karnataka, India.

5. Intellectual Property

The Service and all its content, including text, graphics, logos, and software, are the exclusive property of HumanBit and are protected by intellectual property laws. Users may not copy, modify, distribute, or create derivative works from the Service without the express written permission of HumanBit.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HUMANBIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HUMANBIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Service.
• Any hiring decisions, employment disputes, or outcomes between Candidates and Companies.
• Any conduct or content of any third party, including other Users.

HUMANBIT'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY THE CLAIMANT TO HUMANBIT IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless HumanBit and its officers, directors, and employees from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with:

• Your breach of these Terms.
• Your violation of any law or the rights of a third party.
• Any employment dispute or issue arising from a placement made through the Service.

9. Governing Law and Jurisdiction

These Terms shall be governed by the laws of India. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.

10. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and HumanBit.
• Waiver: The failure of HumanBit to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Contact Information: For any questions regarding these Terms, please contact us at apoorv@humanbit.in.