Terms of Service
Last updated: March 1, 2025
Summary: By using SmplyHyre you agree to these terms. They govern how you access the platform, what you can and can't do, how billing works, and what happens if things go wrong. Read the full terms below — or contact us if you have questions.
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you") and SmplyHyre Technologies Pvt. Ltd. ("SmplyHyre", "we", "us"), governing your access to and use of the SmplyHyre platform, website, and all associated services (collectively, the "Services").
By registering for an account, clicking "I agree", or otherwise accessing or using the Services, you confirm that:
- You have read, understood, and agree to be bound by these Terms
- You have authority to bind the organisation you represent (if applicable)
- You are at least 18 years of age
- Your use of the Services complies with all applicable laws and regulations
If you do not agree to these Terms, you must not use the Services. For enterprise agreements, a separate Master Services Agreement (MSA) may supersede these Terms where applicable.
2. Description of Services
SmplyHyre provides an AI-powered technical interview platform that enables HR organisations to:
- Upload candidate resumes and receive AI-generated interview question sets
- Send candidates a unique, secure interview link without requiring candidate registration
- Conduct live interview sessions featuring WebRTC video, real-time AI scoring, and a sandboxed coding environment
- Monitor session integrity through anti-cheat mechanisms including paste detection, tab monitoring, and camera verification
- Receive an automated PDF scorecard containing oral scores, code scores, anti-cheat logs, and a hire/no-hire signal at session end
Access is provided via a web application. No desktop software installation is required. The Services require a stable internet connection and a modern browser (Chrome 100+, Firefox 100+, Safari 16+, or Edge 100+).
We reserve the right to modify, suspend, or discontinue any feature of the Services with reasonable notice. Material feature removals will be notified at least 30 days in advance.
3. Accounts and Access
Registration: You must provide accurate, complete information when creating an account. You are responsible for keeping your credentials confidential and for all activities that occur under your account.
HR seats: The number of HR users permitted per account is governed by your subscription plan. Adding HR users beyond your plan limit requires an upgrade.
Candidate access: Candidates access the platform via a one-time secure link generated by the HR user. Candidates are not required to create an account. The HR customer is responsible for ensuring candidates are aware of the interview process and have given consent to be recorded where required by applicable law.
Security: You must notify us immediately at security@smplyhyre.com if you suspect any unauthorised access to your account.
4. Acceptable Use
You agree not to use the Services to:
- Conduct interviews without obtaining appropriate consent from candidates as required by applicable employment law
- Discriminate against candidates on the basis of race, gender, age, religion, disability, or any other protected characteristic
- Use the anti-cheat data or interview recordings as the sole basis for employment decisions without human review
- Attempt to reverse-engineer, decompile, or extract the source code of the platform
- Probe, scan, or test for vulnerabilities without written authorisation from SmplyHyre
- Use the platform for any unlawful purpose or in violation of any applicable law or regulation
- Share access credentials with unauthorised individuals or organisations
- Use automated scripts, bots, or scraping tools to access the platform
- Upload malicious content, viruses, or any code designed to damage or interrupt the Services
Violation of this Acceptable Use Policy may result in immediate account suspension or termination without refund.
5. Billing and Payment
Free trial: New accounts may access the platform for free with limits of 1 active job posting and 3 candidate interviews. No credit card is required for the free tier.
Paid plans: Paid subscriptions are billed monthly or annually in Indian Rupees (INR) via Razorpay. By providing payment details, you authorise SmplyHyre to charge your payment method on a recurring basis.
Annual discount: Annual plans receive a 20% discount compared to equivalent monthly billing.
Upgrades and downgrades: Plan changes take effect at the start of the next billing period. Unused days on a downgraded plan are not refunded.
Taxes: Prices are exclusive of GST and other applicable taxes, which will be added at checkout. You are responsible for any applicable withholding taxes.
Failed payments: If a payment fails, we will retry 3 times over 7 days. If payment is not received, the account will be downgraded to the free tier and data will be retained for 30 days pending payment.
Refunds: Monthly subscriptions: no refund for partial months. Annual subscriptions: pro-rated refund for unused months may be requested within 14 days of the billing date. Custom enterprise contracts: governed by the applicable MSA.
6. Data and Privacy
Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Candidate consent: You are responsible for informing candidates that the interview session will be recorded, that their code submissions and screen may be monitored, and that AI-generated scores will be produced. You must obtain all legally required consents before initiating an interview session.
Data ownership: You retain ownership of the candidate data and reports generated through your account. SmplyHyre has a limited licence to process this data solely to provide the Services.
Data processing agreement: Enterprise customers who require a formal DPA for GDPR compliance may request one at privacy@smplyhyre.com.
7. Intellectual Property
All rights in the SmplyHyre platform, AI models, software, design, trademarks, and documentation are owned by SmplyHyre Technologies Pvt. Ltd. These Terms do not grant you any ownership rights; you receive only a limited, non-exclusive, non-transferable licence to use the Services during your subscription period.
You retain all rights to the content you upload (resumes, custom question banks, etc.) and the data generated through your account (scorecards, reports). You grant SmplyHyre a licence to process this content solely to provide the Services.
Feedback, suggestions, or ideas you provide to SmplyHyre may be used to improve the Services without obligation or compensation to you.
8. Candidate Obligations
Candidates who access a SmplyHyre interview session via a secure link agree that:
- The session may be recorded (video and audio) and the recording stored by the HR organisation
- Code submissions, typing patterns, and on-screen activity may be logged for anti-cheat purposes
- Camera access is required for identity verification throughout the session
- Attempting to circumvent anti-cheat measures (using a second device, impersonation, AI-assisted code generation) may be flagged in the report
- They will not share the session link with any other person
9. Uptime and Availability
SmplyHyre targets a monthly uptime of 99.9% for paid plans. Uptime is measured as the percentage of minutes in a calendar month during which the core platform (session creation, live interview, scorecard delivery) is available.
Excluded from uptime calculations: scheduled maintenance (notified at least 48 hours in advance), force majeure events, failures caused by your actions or third-party networks, and free tier accounts.
Service credits for downtime breaches (Pro and Scale plans only) are available on request and capped at 10% of the monthly fee for the affected period. Credits are the sole remedy for uptime failures.
10. Warranties Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
SmplyHyre does not warrant that:
- The Services will be uninterrupted, error-free, or secure
- AI-generated questions, scores, or hire/no-hire signals are accurate or appropriate for any specific hiring decision
- The anti-cheat system will detect all forms of academic dishonesty
- The Services will meet your specific requirements
AI scores and recommendations are informational tools to assist human decision-making. They do not constitute professional advice and should not be used as the sole basis for any employment decision.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMPLYHYRE BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, goodwill, or business opportunities
- Damages arising from AI scoring errors, missed hiring decisions, or reliance on anti-cheat reports
- Interruption of business or loss of data due to platform downtime
IN ANY CASE, SIMPLYHYRE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO SIMPLYHYRE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) INR 10,000.
These limitations apply even if SmplyHyre has been advised of the possibility of such damages.
12. Indemnification
You agree to indemnify, defend, and hold harmless SmplyHyre and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from:
- Your violation of these Terms
- Your use of the Services in violation of applicable law
- Any employment decision made by you using SmplyHyre data
- Failure to obtain required candidate consent
- Your infringement of any third-party rights
13. Termination
By you: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You can export your data before cancellation.
By SmplyHyre: We may suspend or terminate your account immediately if: you violate these Terms; you fail to pay; your use of the platform poses a risk to other users or our infrastructure; or we are required to do so by law.
Effect of termination: Upon termination, your access to the Services will cease. Data will be retained for 90 days post-termination, during which you may request an export. After 90 days, all data will be permanently deleted.
14. Governing Law and Disputes
These Terms are governed by the laws of India. Any dispute arising from these Terms or the Services shall first be attempted to be resolved through good-faith negotiation.
If not resolved within 30 days, disputes shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Bengaluru, Karnataka. The language of arbitration shall be English.
Notwithstanding the above, SmplyHyre may seek injunctive relief in any competent court of law to prevent irreparable harm. Courts of Bengaluru, Karnataka shall have exclusive jurisdiction for such matters.
15. Changes to Terms
We may update these Terms from time to time. Material changes will be communicated at least 30 days in advance via email and in-platform notice. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.
If you object to any changes, you may terminate your account before the effective date and receive a pro-rated refund for unused annual plan time.
16. Contact
For legal enquiries, enterprise agreements, or questions about these Terms:
Legal Team
Bengaluru, Karnataka, India
Email: legal@smplyhyre.com
Sales enquiries: info@smplyhyre.com