Terms of Service

1. Introduction

These Terms of Service ("Terms") constitute a binding agreement between you ("User") and Hiearlly ("Company", "we", "us", or "our") governing your access to and use of the Hiearlly HRMS platform and associated services ("Services"). Please read these Terms carefully before accessing the Services.

If you do not agree with any of these Terms, you may not use or otherwise access our Services.

These Terms comply with applicable Indian legislation including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023.

2. Eligibility

• Only persons competent to contract under the Indian Contract Act, 1872 may register for or use Hiearlly.
• Minors under 18 years of age and un-discharged insolvents are ineligible.
• The Company reserves the right to refuse access to any user who provides inaccurate or misleading information.
• By registering, you represent that you have the authority to bind your organisation to these Terms if using the platform on behalf of a company.

3. Platform Description

Hiearlly provides a cloud-based Human Resource Management System (HRMS) including, but not limited to: employee directory management, payroll processing, leave and attendance tracking, performance management, recruitment pipeline management powered by our proprietary ELO-based candidate ranking algorithm, onboarding workflows, and HR analytics and reporting.

Services may be free, paid, or partially free at Hiearlly's discretion. Users should validate all data and outputs before making employment decisions.

4. Data Collection

Users and organisations provide employee records, payroll data, HR documents, device identifiers, browser information, and cookie data for service delivery and in compliance with legal obligations. By using the Services, you acknowledge and consent to this data collection as described in our Privacy Policy.

5. Internet Connection

The Services require an active internet connection. Hiearlly bears no responsibility for functionality issues caused by poor connectivity or failures on the part of your internet or mobile service provider.

6. Fees and Payment

Accepted Payment Methods

Debit/credit cards and UPI through third-party payment gateways.

Account Information

You must provide current, complete, and accurate billing and account information. You agree to promptly update this information to ensure successful transactions.

Pricing

• All fees are exclusive of applicable taxes unless stated otherwise.
• The Company reserves the right to change prices at any time with reasonable notice.
• Errors in pricing may be corrected even after payment has been made.
• Payment data is processed by third-party platforms and is not stored by Hiearlly.

7. Service Availability

Paid services expire 365 days after the date of availability if unused. Users must utilise purchased services within this period. By agreeing to these Terms, you acknowledge that services are considered delivered and fulfilled upon the point of availability.

8. Cancellation and Refunds

Refunds and cancellations are governed by our separate Refund and Cancellation Policy, which is incorporated into these Terms by reference. Generally, all purchases are final. For queries regarding dissatisfaction, contact: [email protected].

9. Intellectual Property Rights

All information, content, materials, trademarks, software, text, images, graphics, videos, scripts, algorithms (including the ELO ranking engine), and audio on the Hiearlly platform are the exclusive property of Hiearlly. No content may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any way without obtaining prior written permission from Hiearlly.

Users are granted a limited, non-exclusive, non-transferable licence to access and use the Services for their internal business purposes only, subject to these Terms.

Prohibited Actions

• Copying, modifying, or reverse-engineering the platform or its components
• Extracting source code or algorithms
• Creating derivative versions of the Services
• Selling or commercialising Hiearlly materials

10. Restrictions on Use

You expressly agree not to:

• Use the Services for any unlawful purpose or in violation of applicable laws
• Use the Services to harm, harass, or discriminate against any individual
• Data mine, harvest, scrape, or extract data from the platform without authorisation
• Impersonate any person or entity or misrepresent your affiliation
• Introduce malware, viruses, or other harmful code
• Attempt to gain unauthorised access to any part of the platform
• Use VPNs or other tools to manipulate ELO rankings or platform results

The Company may suspend, terminate, or restrict access if you violate these Terms, engage in illegal activity, or misuse the Services, with or without prior notice.

11. No Warranties

Hiearlly services are provided "as is" and "as available" with all faults and without warranty of any kind, express or implied. Nothing on the platform constitutes legal, financial, or HR consultation or advice. Hiearlly does not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Hiearlly and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Services. Under no circumstance shall Hiearlly's total liability exceed the amount paid by you, if any, for the Services in the three months preceding the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless Hiearlly and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any fraudulent activity including manipulation of ELO rankings using unauthorised means such as VPNs.

14. Third-Party Links

Hiearlly does not control, investigate, monitor, or check external websites or services linked from the platform. We do not warrant, endorse, or assume responsibility for the accuracy, reliability, or content of any third-party websites. Users release Hiearlly from any liability arising from third-party interactions.

15. Modifications to Terms and Services

Hiearlly reserves the right to modify these Terms at any time. We will make reasonable efforts to notify you of material changes. Continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to new Terms, you must discontinue use of the Services.

16. Force Majeure

Hiearlly shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, pandemics, civil unrest, fire, floods, strikes, or material shortages.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of India without regard to conflict of law principles. We encourage you to contact us at [email protected] to resolve disputes amicably. Exclusive jurisdiction for unresolved disputes rests with the competent courts in Sambhajinagar, Maharashtra, India.

BY AGREEING TO THESE TERMS, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION. CLAIMS MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

19. Contact Information