Terms of service

Pratibha is an AI recruiting service operated by ProMonkey Technologies LLP, a limited liability partnership registered in India with LLPIN AAX-XXXX, whose registered office is at Registered office address ("ProMonkey", "we", "us" or "our").

These terms of service ("Terms") govern your access to and use of the Pratibha website at pratibha.tech, the Pratibha web application, the Pratibha interview phone lines and any related services (together, the "Services").

"You" and "Customer" mean the business or organisation that creates a Pratibha account. "Users" means the people you allow to use your account.

These Terms include, by reference, our Privacy Policy, our Refund and Cancellation Policy, our Shipping and Delivery Policy and our Data Processing Agreement (the "DPA"). If you sign an order form with us, for example for an Enterprise plan, the order form also forms part of these Terms and prevails if it conflicts with them.

You accept these Terms when you create an account, start a free trial, buy a plan or use the Services. If you accept on behalf of a business, you confirm that you have the authority to bind that business.

You must be at least 18 years old to use the Services.

The Services are built for businesses and professional use. By using them, you confirm that you are acting for a business or profession, and not as a consumer for personal purposes.

These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it. They are generated by a computer system and don't need a physical or digital signature.

Pratibha helps you run the first stage of hiring. Depending on your plan, the Services let you create and publish job descriptions, receive applications by email, have CVs read and scored against a role, approve shortlists, invite shortlisted candidates to a telephonic interview with an AI interviewer, and receive interview reports with scores and recommendations.

Pratibha never contacts a candidate until a User on your account approves the shortlist. This approval step is a core part of the Services and cannot be switched off.

The features included in each plan are described on our pricing page.

We keep improving Pratibha and may add, change or remove features. If we remove a feature that is a material part of your paid plan, we'll tell you in advance and, if you choose to cancel as a result, refund the unused part of any prepaid fees for that plan.

Features we label as beta or preview are offered so you can try them early. They may change or be withdrawn, and they are provided as they are, without the commitments in these Terms that apply to other features.

You agree to give accurate information when you create your account and to keep it up to date.

You're responsible for your Users and for everything done through your account. Keep passwords and other credentials confidential, and tell us promptly at info@pratibha.tech if you think your account has been accessed without permission.

Each User must have their own login. Logins may not be shared.

We may offer a free trial. Its length and allowances are shown on our pricing page or at signup. No payment details are needed to start it.

When the trial ends, new screening and new invitations pause until you choose a paid plan. Candidates you already invited can still complete their interviews.

If you don't move to a paid plan, we keep your trial data for 30 days and then delete it.

We may change or end trial offers at any time, and may limit trials to one per business.

Fees. Our plans, prices and usage allowances are listed on our pricing page. Prices are in Indian rupees and exclude GST and other applicable taxes, which are added to your invoice.

Billing cycle. Monthly plans are billed in advance each month. Annual plans are billed in advance for the year. Enterprise plans are billed as set out in the order form.

Automatic renewal. Paid plans renew automatically at the end of each billing period, for the same period, until you cancel. If you set up automatic payments, for example through UPI AutoPay, a card mandate or eNACH, you authorise us and our payment partners to charge the fee for each renewal to that payment method.

Notice before automatic charges. As required by the Reserve Bank of India, you'll receive a notification at least 24 hours before each automatic charge. Some payments may also need your authentication, for example where the amount is above limits set by the Reserve Bank of India. You can cancel or change a payment mandate through your bank, card issuer or UPI app, or by contacting us.

Payment processing. Payments are processed by regulated payment partners. We don't receive or store your full card number, UPI PIN or bank password.

Invoices. We issue GST invoices in the name of ProMonkey Technologies LLP. Add your GSTIN to your billing details to have it shown on your invoices.

Upgrades and downgrades. Upgrades take effect immediately, and we charge the difference for the rest of the billing period. Downgrades take effect from your next billing period.

Price changes. We may change our prices. We'll give you at least 30 days' notice by email, and the new price applies from your first renewal after the notice period. If you don't agree, you can cancel before the change takes effect.

Failed payments. If a payment fails, we'll tell you and may try again. If an amount stays unpaid for 15 days after it's due, we may suspend the Services until it's paid. We won't delete your data because of non payment during the first 30 days of a suspension.

Billing questions. If you believe an invoice is wrong, tell us within 30 days of the invoice date at info@pratibha.tech with the subject "Billing".

Each plan includes usage allowances, for example interview minutes, CV screenings and active roles. How each allowance is measured, including when interview time starts and which calls are never counted, is described on our pricing page.

Allowances on monthly plans reset at the start of each billing period, and unused allowances don't carry over. Allowances on annual plans are pooled across the year where our pricing page says so.

Where offered, you can buy extra allowances such as top ups.

Usage is measured by our systems. You can see your usage in your account, and we'll correct any measurement error you point out to us.

We won't cut off a live interview because an allowance runs out.

Where a plan includes unlimited use of a feature, it's meant for your own normal hiring, not for reselling or automated bulk use.

You can cancel your plan at any time from your account's billing settings or by writing to info@pratibha.tech. Cancellation takes effect at the end of your current billing period, and you keep access until then.

Refunds are governed by our Refund and Cancellation Policy.

You're responsible for how you use the Services and for your hiring decisions. In particular, you agree to:

• Comply with all laws that apply to your hiring, including employment, anti discrimination, data protection and telecommunications laws.
• Give candidates the information the law requires about how their personal data will be used, including that their application may be screened with AI and that interviews are conducted by an AI interviewer, recorded and assessed.
• Keep the notice about AI interviews that Pratibha includes in job posts, invitations and at the start of each call, and never instruct the AI interviewer to claim to be a human.
• Use only job related criteria, and not use the Services to screen, rank or reject anyone because of religion, caste, race, sex, gender identity, sexual orientation, marital status, pregnancy, disability, age where not legally justified, or any other characteristic protected by law.
• Publish only genuine job openings that you, or your client, are actually hiring for.
• Never ask candidates to pay any fee, deposit or charge in connection with a job or an interview.
• Not use the Services for candidates under 18 years of age.
• Connect or forward only the mailboxes and emails you are entitled to share with us, and share only what is needed for hiring.

You must not:

• Use the Services to send spam, make unsolicited calls or messages, or contact anyone who hasn't applied to you.
• Upload malware, or attempt to disrupt, overload or break the Services.
• Try to access another customer's data, or any part of the Services you're not authorised to use.
• Copy, resell, sublicense or reverse engineer the Services, or use them to build a competing product.
• Scrape the Services or access them by automated means, except through features we provide.
• Remove or bypass the approval step, usage measurement or any security control.
• Use the Services in a way that breaks the terms of job portals, email providers or telecom providers.

If you're a recruitment agency hiring for clients, you're responsible for having your clients' authority to use the Services for their roles. You may use the "hiring under" setting so that candidates hear your client's name.

Pratibha uses artificial intelligence to draft job descriptions, score CVs, conduct interviews, transcribe calls and prepare reports ("AI Outputs"). AI Outputs are recommendations to help your team. They can be incomplete or inaccurate, and they can misunderstand speech, accents or context.

You're responsible for reviewing AI Outputs and for every hiring decision you make. Don't rely on AI Outputs alone to select or reject a candidate.

Pratibha does not verify what candidates say on calls or write in their CVs.

We don't guarantee any hiring outcome, including the number, quality or suitability of candidates.

"Customer Data" means data that you, your Users or candidates provide to the Services for your account, including job descriptions, CVs, emails, call recordings, transcripts, reports and notes. As between you and us, you own Customer Data.

You give us permission to host, copy, process and display Customer Data only as needed to provide, secure and support the Services for you, and as described in the DPA.

The DPA governs how we process personal data in Customer Data on your behalf, and it prevails over these Terms on that subject.

We don't sell Customer Data, and we don't use it to train or fine tune AI models.

We may use anonymised information that doesn't identify you, your Users or any candidate, such as overall usage statistics, to operate and improve the Services.

You're responsible for the accuracy of Customer Data, and for having the rights and permissions needed to share it with us.

The Services work with services we don't control, such as your email provider, job portals and telecommunications networks. Your use of those services is governed by their own terms, and we're not responsible for their availability, changes or actions.

Job posts prepared by Pratibha are published by you, from your own portal accounts, and you're responsible for following each portal's rules.

Phone numbers used for interviews are provided through our telecom partners and remain ours or theirs. A dedicated number assigned to you may be reassigned after your plan ends.

We and our licensors own all rights in the Services, including the software, designs, the Pratibha name and logo, and all improvements to them. This doesn't include Customer Data.

Subject to these Terms and payment of your fees, we give you a limited, non exclusive and non transferable right for your Users to use the Services for your internal business purposes during your subscription.

If you send us feedback or suggestions, we may use them freely, without any obligation to you.

We won't use your name or logo in our marketing without your written permission.

Each party may receive the other's confidential information, meaning information that isn't public and is marked confidential or would reasonably be understood to be confidential. Customer Data is your confidential information.

Each party will use the other's confidential information only for the purposes of these Terms, protect it with reasonable care, and share it only with people and providers who need it and are bound by similar obligations. This doesn't apply to information that becomes public through no fault of the receiving party, was already known to it, or was developed independently.

A party may disclose confidential information where the law requires, after notifying the other party where the law allows.

We aim to keep the Services available at all times, except for planned maintenance, which we try to schedule outside Indian business hours and to announce in advance where practical.

Unless an order form includes a service level agreement, we don't guarantee any specific uptime. Our Refund and Cancellation Policy explains what happens if a problem on our side stops you using the Services for an extended period.

Support channels depend on your plan, as described on our pricing page. You can always reach us at info@pratibha.tech.

We may suspend all or part of your access if an amount is overdue as described in section 6, if you materially break section 9, or if your use creates a security risk or could harm the Services, other customers, candidates or anyone else.

Where practical, we'll tell you in advance and give you a chance to fix the issue. We'll restore access once it's fixed.

These Terms apply from when you accept them until your subscription ends.

You can end your subscription by cancelling as described in section 8.

Either party may end these Terms by written notice if the other materially breaches them and doesn't fix the breach within 15 days of receiving notice.

We may end these Terms by notice if we stop offering the Services, in which case we'll refund any prepaid fees for the period after termination.

When your subscription ends, your account becomes read only for 30 days. During that time you can view your data and ask us for an export. After 30 days, we delete Customer Data as described in the DPA, except where the law requires us to keep something longer.

Sections that by their nature should continue after termination, including sections 10, 11, 13, 14, 18, 19, 20 and 21, continue after these Terms end.

We'll provide the Services with reasonable skill and care, and in line with their description on our website.

Except as expressly stated in these Terms, the Services are provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose and non infringement, and any warranty that the Services will be uninterrupted or error free, or that AI Outputs will be accurate.

To the extent the law allows:

• Neither party is liable for indirect, incidental, special or consequential losses, or for loss of profits, revenue, business, goodwill or anticipated savings, even if it was told they were possible.
• Each party's total liability arising out of or relating to these Terms is limited to the total fees paid and payable by you to us for the Services in the 12 months before the event that gave rise to the liability.

These limits don't apply to your obligation to pay fees, to your obligations under section 20, to liability for fraud, or to any liability that cannot be limited by law.

We're not responsible for your hiring decisions, or for claims by candidates that arise from your instructions, your job posts or your hiring decisions.

You'll defend and indemnify ProMonkey, its partners and its employees against third party claims, and the resulting losses and reasonable costs, including reasonable legal fees, arising from Customer Data you provide, your hiring decisions and communications with candidates, or your breach of section 9 or of applicable law.

We'll notify you promptly of any such claim, let you control its defence and settlement, and give you reasonable help at your cost. You won't settle a claim in a way that admits fault on our part without our consent.

These Terms are governed by the laws of India.

If a dispute arises, both parties will first try to resolve it through good faith discussions for 30 days, starting when one party notifies the other in writing.

If it isn't resolved, it will be referred to arbitration by a sole arbitrator appointed by mutual agreement, under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be Gurugram, Haryana, and the proceedings will be in English.

Subject to this, the courts at Gurugram, Haryana have exclusive jurisdiction, including for urgent interim relief.

We may update these Terms. If a change is material, we'll notify you by email or in the app at least 15 days before it takes effect. The updated Terms apply from the effective date.

If you don't agree with a material change, you can cancel before it takes effect. If you've prepaid for a period after that date, we'll refund the unused part.

The date at the top of this page shows when these Terms were last updated.

Assignment. You may not transfer these Terms without our written consent. We may transfer these Terms to an affiliate, or to a successor in connection with a merger, reorganisation or transfer of the business that operates Pratibha, including a company formed to operate Pratibha, by giving you notice.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, epidemics, war, government action, or failures of power, internet or telecommunications networks. This doesn't excuse payment obligations.

Notices. We'll send notices to the email address on your account. You can send notices to info@pratibha.tech. Please also send a copy of any legal notice by post to our registered office.

Entire agreement. These Terms, together with the documents referred to in section 1, are the entire agreement between us about the Services, and they replace any earlier discussions on the subject.

Severability and waiver. If any part of these Terms is found unenforceable, the rest remains in effect. Not enforcing a right doesn't waive it.

Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, agency or employment relationship.