TERMS OF SERVICE

“User” means any individual or entity that accesses or uses the Platform, including Recruiters and Applicants. A User also includes, where the context requires, Collaborators and General Users (each defined below); provided that a Collaborator who registers for the Platform is thereafter treated as an Applicant.

“Recruiter” means a company, recruiter, hiring manager, executive, or other party using the Platform to source, screen, evaluate, or connect with talent.

“Applicant” means an individual using the Platform to seek employment, be evaluated, or connect professionally.

“Collaborator” means a person whom an Applicant names or describes in the course of the Platform (including in a Voice Interaction) and who has not themselves registered for the Platform. A Collaborator who registers becomes an Applicant.

“General User” means any other person who accesses or uses the Platform.

“Voice Interaction” means any audio conversation conducted through the Platform’s AI-assisted voice tools, including the audio recording, its transcript, and derived data.

“User Content” means any information, audio, text, profile data, or material you submit, generate, or transmit through the Platform.

“Sub-Processors” means third-party service providers engaged to deliver the Platform, as described in Section 6.

“DPDP Act” means the Digital Personal Data Protection Act, 2023 of India and rules made thereunder.

“Data Fiduciary” and “Data Principal” have the meanings given to them under the DPDP Act; a Data Fiduciary determines the purpose and means of processing personal data (equivalent to a “controller”).

Any capitalised term used but not defined in these Terms has the meaning given to it in the Privacy Policy.

You must be at least 18 years of age and capable of forming a binding contract to use the Platform. Recruiters represent that the individual accepting these Terms is authorised to bind their organisation. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for safeguarding your account credentials and for all activity under your account. Notify us promptly at help@profound.me of any unauthorised use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe present a security, legal, or reputational risk.

3.1 Nature of the Service

Profound provides a professional networking and hiring platform that uses artificial intelligence, including AI-assisted voice tools, to facilitate conversations, screening, evaluation, and connections between Users. AI-generated outputs (including transcripts, summaries, scores, or suggestions) are provided to assist human decision-making and may contain errors or inaccuracies. They do not constitute professional, legal, or employment advice.

3.2 Recording and Consent

By initiating or participating in a Voice Interaction, you provide express, informed consent to the recording, transcription, processing, and storage of that interaction. Before each Voice Interaction, the Platform will present a clear notice that the session is recorded. If you do not consent, you must not proceed with the Voice Interaction. Where another participant is present, each participant consents on their own behalf. Where a Voice Interaction refers to, names, or describes a person who is not a participant in that interaction (a "Collaborator"), that Collaborator has not consented to the interaction, and the consent given by the participating Applicant extends only to the Applicant's own personal data. Profound processes a Collaborator's personal data on the lawful bases set out in our Privacy Policy, contacts the Collaborator directly to provide the notice required by law, and gives the Collaborator the right to object to and require erasure of their personal data without registering for the Platform. Applicants are responsible for ensuring that statements they make about a Collaborator are accurate and lawful, and Profound does not represent that any such statement is true.

3.3 Use of Voice and Conversation Data

Audio recordings, transcripts, and derived data from Voice Interactions may be used to: deliver, operate, and personalise the Platform and its hiring and networking features; generate transcripts, summaries, evaluations, and candidate-facing status updates; make such outputs available to relevant Recruiters for legitimate hiring purposes; maintain security, prevent fraud and misuse, and comply with legal obligations; and train, fine-tune, evaluate, and improve our and our Sub-Processors’ AI models and the Platform, as further described in Section 5.

3.4 Hiring Decisions Remain Yours

Recruiters acknowledge that all hiring, screening, and employment decisions are made solely by the Recruiter. Profound is a tool that supports those decisions and is not an employer, recruiter of record, or decision-maker.Recruiters are solely responsible for ensuring their use of the Platform complies with all applicable employment, equal-opportunity, non-discrimination, and data-protection laws.

3.5 No Binding Agreements with AI

Interactions with Profound’s AI tools — including Voice Interactions, calls, chats, and any text- or voice-based conversations — do not create any legal, contractual, or binding obligation of any kind, whether on Profound, a Recruiter, a Applicant, or any other party. Statements, suggestions, salary figures, indications of interest, or representations made by or to an AI tool are not offers, acceptances, promises, or commitments, and may not be relied upon as such. Any binding commitment — including any offer of employment or engagement — must be made expressly and in writing by an authorised human representative of the relevant party outside the AI interaction. AI-generated outputs are assistive only and may be inaccurate or speculative.

You agree not to:

• use the Platform for any unlawful, fraudulent, discriminatory, or harmful purpose;
• misrepresent your identity, qualifications, authority, or affiliation;
• upload content that is defamatory, obscene, infringing, or that violates another person’s rights;
• attempt to reverse-engineer, scrape, or extract data from the Platform except as expressly permitted;
• circumvent the recording, consent, or security mechanisms of the Platform;
• use the Platform’s data to build a competing product or to re-identify anonymised data; or
• introduce malware or disrupt the integrity or performance of the Platform.

You acknowledge and agree that User Content, including Voice Interactions and transcripts, may be used by Profound and its Sub-Processors to develop, train, fine-tune, evaluate, and improve AI models and the Platform. Wherever practicable, data used for model improvement is anonymised, pseudonymised, or aggregated so that it does not directly identify you. You grant Profound a non-exclusive, worldwide, royalty-free licence to use User Content for these purposes for the duration described in Section 7. The Rep acts only within the authority you expressly give it, and nothing in these Terms or in your use of the Platform grants the Rep a general authority to act on your behalf.

This use is conducted in accordance with applicable data protection laws and the consents or other lawful bases described in our Privacy Policy. You may withdraw consent or request deletion as described in Section 8; withdrawal applies prospectively and does not affect model improvements already incorporated prior to your request, where reversal is not technically feasible.

To operate the Platform, we engage trusted third-party service providers who process data on our behalf under appropriate contractual safeguards. These currently include the categories below. Some Sub-Processors may process Personal Data in multiple jurisdictions; where they do, we rely on lawful transfer mechanisms consistent with the DPDP Act.

We may add, replace, or remove Sub-Processors and will maintain an updated list. Continued use of the Platform after changes constitutes acceptance.

7.1 Lawful Basis and Consent

Profound processes Personal Data in accordance with applicable data protection laws and our Privacy Policy, which forms an integral part of these Terms. Depending on your location and the nature of your use of the Platform, the legal basis for processing may include your consent, the performance of a contract, compliance with legal obligations, our legitimate interests, or any other lawful basis permitted under applicable law. By using the Platform, you acknowledge that your Personal Data will be processed as described in the Privacy Policy.

7.2 Retention

We retain Voice Interactions, transcripts, profile data, and other User Content for as long as your account remains active, and thereafter as required to comply with legal obligations, resolve disputes, and enforce our agreements. Upon verified account deletion, we will delete or anonymise your personal data within a reasonable period, except where retention is required by law or where data has already been irreversibly anonymised or incorporated into trained models.

7.3 Security

We implement reasonable technical and organisational security safeguards designed to protect personal data against unauthorised access, loss, or misuse. No system is completely secure, and we cannot guarantee absolute security.

7.4 Cross-Border Processing

Your Personal Data may be processed in countries other than the country in which it was collected. Where Personal Data is transferred internationally, Profound will implement appropriate safeguards required under applicable data protection laws, including contractual, organisational and technical safeguards where applicable, subject to safeguards as per applicable law

7.5 Sharing with Recruiters — Independent Controllers

When Profound shares an Applicant’s personal data — including profile information, AI-generated profiles, and Voice Interaction outputs — with a Recruiter for a hiring purpose, Profound and the Recruiter each act as separate and independent Data controllers (or equivalent data fiduciaries under applicable law) and not as joint controllers or as processor and controller of one another. Each party is independently responsible for complying with the DPDP Act and other applicable data-protection laws in respect of its own processing.

The Recruiter agrees that, upon receiving such data, it will: (a) process the data solely for the specific, legitimate hiring purpose for which it was shared; (b) maintain appropriate technical and organisational security safeguards; (c) provide reasonable assistance to Profound in responding to a Data Principal’s exercise of rights or to a personal-data-breach notification obligation, where the request or breach relates to the Recruiter’s processing; (d) notify Profound without undue delay on becoming aware of any personal-data breach affecting the shared data; and (e) not retain the data for longer than necessary for the hiring purpose or as required by law. Each party will provide the other reasonable assistance to enable compliance with applicable data-protection laws in connection with the shared data.

Subject to applicable law, you may have the right to:

1. access your Personal Data;
2. obtain information about how your Personal Data is processed;
3. request correction or updating of inaccurate Personal Data;
4. request deletion of Personal Data where applicable;
5. object to or restrict certain processing activities where permitted by law;
6. withdraw consent where processing is based on consent;
7. request portability of your Personal Data where applicable;
8. lodge a complaint with the relevant supervisory authority or regulator;

and To exercise these rights, contact us at help@profound.me. We may need to verify your identity before acting on a request. Note that certain data — for example, transcripts shared with a Recruiter as part of a concluded evaluation, or data irreversibly incorporated into trained models — may not be fully retrievable or deletable. To exercise any of these rights, please contact us at help@profound.me. We may require reasonable verification of your identity before responding to a request. Certain information may be retained where required by law, necessary for the establishment, exercise or defence of legal claims, or where deletion is not technically feasible because the information has been irreversibly anonymised or incorporated into aggregated systems.

If you have questions regarding the processing of your Personal Data or wish to exercise your privacy rights, you may contact: Mr. Anuj Rathi at - legal@profound.me

For Users in India, In accordance with the DPDP Act and applicable Indian law, the following officer may be contacted regarding data-protection concerns or grievances:

Through the Platform you may access confidential information belonging to Profound or other Users, including proprietary evaluation methods, AI prompts and outputs, interview content, candidate information, and non-public business information (“Confidential Information”). You agree to keep Confidential Information confidential, to use it only for legitimate purposes connected with the Platform, and not to disclose it to third parties without authorisation. This obligation survives termination of your account.

Recruiters must treat candidate personal data and Voice Interaction content as confidential, use it solely for the specific hiring purpose for which it was provided, and comply with the DPDP Act and applicable employment laws in handling it.

You agree not to make or publish statements about Profound that you know to be false, misleading, or made in bad faith, or that disclose Confidential Information. You further agree not to use the Platform’s name, marks, or content in a manner that is deceptive or that falsely implies endorsement.

Nothing in these Terms restricts your right to share truthful, good-faith opinions or honest reviews of your experience, to make disclosures required by law, to report suspected unlawful conduct to a competent authority, or to exercise any right that cannot lawfully be waived. This clause is intended to be read down to the extent necessary to remain valid and enforceable under applicable law.

The Platform, including its software, design, AI systems, and content (excluding User Content), is owned by Profound or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform in accordance with these Terms. You retain ownership of your User Content and grant Profound the licences described in these Terms to operate and improve the Platform.

The Platform and all AI-generated outputs are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. Profound does not warrant that AI outputs are accurate, complete, unbiased, or suitable for any hiring or other decision. Users are responsible for independently verifying information before relying on it.

To the maximum extent permitted by applicable law, Profound and its directors, employees, and Sub-Processors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or business arising out of or related to your use of the Platform. To the maximum extent permitted by law, Profound’s aggregate liability arising out of or relating to these Terms shall not exceed the amounts (if any) paid by you to Profound in the twelve (12) months preceding the event giving rise to the claim, or INR 10,000, whichever is higher.

You agree to indemnify and hold harmless Profound and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your User Content, your use of the Platform, or your violation of any law or third-party right — including, for Recruiters, claims relating to employment or hiring decisions made using the Platform.

We may suspend or terminate your access to the Platform, in whole or in part, with or without notice, where: (a) you breach these Terms or the Acceptable Use provisions; (b) you provide, or we reasonably suspect you have provided, false, misleading, or fraudulent information, including inaccurate career claims or misrepresented identity or authority; (c) your continued access presents a security, legal, or reputational risk to Profound or its Users; (d) a Collaborator or other person establishes that content concerning them is false or unlawful; or (e) we are required to do so by law. Where practicable and not legally or operationally prohibited, we will give you notice and an opportunity to respond before suspension or termination.

You may stop using the Platform and request account deletion at any time. On suspension or termination, your personal data will be retained and deleted in accordance with our Privacy Policy, including the retention periods that apply following account closure. Provisions that by their nature should survive termination — including the AI-training, confidentiality, non-disparagement, intellectual-property, disclaimer, liability, indemnity, and governing-law provisions, and the obligations of Recruiters in respect of shared candidate data — will survive.

We may update these Terms from time to time. Material changes will be notified through the Platform or by email. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Platform.

These Terms are governed by the laws of India. Subject to applicable law, the courts at Bangalore, Karnataka, India shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms, without prejudice to any statutory rights you may have as a Data Principal under the DPDP Act. The parties may first seek to resolve disputes amicably before initiating proceedings.

For questions about these Terms, contact us at help@profound.me or 3rd Floor, Eterna, 80 Feet Rd, KHB Colony, Koramangala, Bengaluru, Karnataka 560095. By creating an account or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.