Terms of Service

Introduction

Welcome to Appraisal360° AI. These Terms of Service ("Terms") govern your access to and use of our performance review and employee development platform ("Platform"), including any content, functionality, and services offered.

Definitions

• Platform refers to Appraisal360° AI'ssoftware, websites, and services.
• "User" refers to any individual or entity accessing or using the Platform.
• "Content" includes text, data, graphics, images, and other materials.
• "Subscription" refers to the paid access to our Platform's features.

Subscription Terms

Subscription Plans

We offer various subscription plans with different features and pricing. Details of each plan are available on our pricing page.

Billing Cycles

Subscriptions are billed in advance on a monthly or annual basis. Annual subscriptions may be eligible for discounted rates.

Auto-Renewal

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.

Data Usage & Privacy

Data Collection

We collect and process data as described in our Privacy Policy. This includes performance reviews, employee data, and platform usage information.

Data Processing Agreement

Enterprise customers may be required to enter into a separate Data Processing Agreement to ensure GDPR compliance.

Data Export

You may export your data at any time during your active subscription period.

Security Measures

Platform Security

• End-to-end encryption for sensitive data
• Regular security audits and penetration testing
• Multi-factor authentication support
• SOC 2 Type II compliance

User Responsibilities

Users must maintain secure passwords, enable recommended security features, and report any security concerns promptly.

Compliance & Regulations

GDPR Compliance

We comply with GDPR requirements for EU users and provide necessary tools for data subject rights.

Data Residency

Enterprise customers may specify data residency requirements in their service agreements.

Industry Standards

We maintain compliance with ISO 27001, SOC 2, and other relevant industry standards.

Cancellation & Refunds

Cancellation Process

You may cancel your subscription at any time through your account settings or by contacting support.

Refund Policy

• Monthly subscriptions: No prorated refunds
• Annual subscriptions: Prorated refunds available
• Enterprise agreements: As specified in the contract

Data Retention

After cancellation, your data will be retained for 30 days before permanent deletion.

Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

Dispute Resolution

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India. Both parties consent to the jurisdiction of such courts and waive any objection to such jurisdiction.

Compliance with Indian Laws

• Information Technology Act, 2000: We comply with the IT Act and its amendments regarding data protection and cybersecurity.
• Personal Data Protection: We adhere to Indian data protection laws and regulations, including the upcoming Digital Personal Data Protection Act.
• Consumer Protection: Our services comply with the Consumer Protection Act, 2019, and E-commerce Rules, 2020.

Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms shall first be attempted to be resolved through arbitration under the Arbitration and Conciliation Act, 1996 of India. The arbitration shall:

• Be conducted in English
• Take place in Bangalore, Karnataka
• Be conducted by a single arbitrator mutually appointed by both parties
• Follow fast-track procedure under Section 29B of the Act

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole.

Intellectual Property

The platform and its original content, features, and functionality are owned by Appraisal360° AI and are protected by international copyright, trademark, and other intellectual property laws.

User Content

You are responsible for the content you submit to the platform.

Prohibited Activities

You must not use the platform for any illegal or unauthorized purpose.

Payment Terms

Payment for the platform is due in advance. We reserve the right to modify our pricing at any time.

Termination

We may terminate your access to the platform at any time for any reason.

Disclaimers

The platform is provided "as is" without any warranties.

Limitation of Liability

We are not liable for any damages arising from your use of the platform.

Indemnification

You agree to indemnify and hold harmless Appraisal360° AI from any claims arising from your use of the platform.

Changes to Terms

We may update these Terms at any time.

GST and Billing Terms

GST Registration

Appraisal360° AI is registered under the Goods and Services Tax (GST) regime in India. Our GSTIN will be displayed on all invoices issued to Indian customers.

Billing Information

• All prices displayed are exclusive of GST unless explicitly stated otherwise.
• Applicable GST rates will be charged as per government regulations (currently 18% for SaaS services).
• Customers must provide accurate GST registration details if they want to claim input tax credit.
• For B2B transactions, GST will be charged on a reverse charge basis where applicable under Indian law.

Invoicing

Tax invoices will be generated and provided electronically, containing:

• Valid GSTIN of both parties (where applicable)
• HSN/SAC code for the services
• Detailed break-up of taxes charged
• Place of supply as per GST rules

Tax Credit

Customers are responsible for determining their eligibility for input tax credit. We will provide necessary documentation to support valid tax credit claims.

Cross-Border Data Transfer

Data Storage Location

Primary data storage is maintained in Indian data centers. However, for service optimization and backup purposes, data may be transferred to secure facilities in other jurisdictions.

Compliance Framework

• Indian Regulations: We comply with all applicable Indian laws regarding cross-border data transfers, including requirements under the Digital Personal Data Protection Act.
• International Standards: Our data transfers adhere to global standards including ISO 27001 and SOC 2 Type II.
• Data Localization: Sensitive personal data is primarily stored in India as per regulatory requirements.

Data Transfer Mechanisms

For international data transfers, we implement:

• Standard Contractual Clauses (SCCs)
• Binding Corporate Rules where applicable
• End-to-end encryption during transfer
• Regular security audits of transfer mechanisms

Enterprise Customers

Enterprise customers may specify additional data localization requirements in their service agreements, including:

• Specific data center locations
• Data residency requirements
• Custom security measures
• Audit and compliance reporting

Transparency

We maintain transparency about:

• Countries where data may be transferred
• Security measures during transfer
• Third-party service providers involved
• Data processing activities

Data Transfer Impact

We conduct regular assessments to ensure:

• Adequate protection in recipient countries
• Compliance with Indian data protection laws
• Protection of user rights and interests
• Minimal data transfer latency

Contact Information

For questions about these Terms of Service, please contact us at: info@appraisal360.ai