Terms and Conditions
Effective Date: November 29, 2024
Welcome to ClavePrep. By accessing or using our website and services, you agree to be bound by these Terms and Conditions. Please read them carefully before using our platform.
1. Introduction
ClavePrep is an AI-powered interview preparation platform that helps users practice for job interviews through mock sessions, study tools, and personalized feedback. By using our website and services, you agree to these Terms and Conditions, which form a binding agreement between you and ClavePrep. We may update these terms from time to time; your continued use after changes constitutes acceptance. If you do not agree, you must stop using our services.
2. Services Offered
2.1 Interview Practice: ClavePrep provides AI-powered mock interview sessions, including technical and behavioral practice, tailored to job postings or topics you choose. We generate questions and provide real-time or post-session feedback to help you improve.
2.2 Study Tools: Our platform may include study modes, saved jobs, and progress tracking to support your interview preparation. Features may vary and are subject to change.
2.3 Account and Access: Certain features require an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
ClavePrep reserves the right to modify, suspend, or discontinue any part of the service with notice where appropriate. Paid obligations for services already provided remain due.
3. User Responsibilities
3.1 Accuracy of Information: You are responsible for providing accurate and current information when creating an account and using our services. Providing false or misleading information may affect the quality of our services and your account status.
3.1.1 Information Updates: It is your responsibility to regularly update your information to reflect any changes.
3.1.2 Prohibition of Inaccurate Information: You are prohibited from providing inaccurate or outdated information.
3.2 Compliance with Laws: You are responsible for using our platform in compliance with all applicable laws. ClavePrep does not provide legal advice. Use of our interview practice and feedback is for preparation purposes only.
3.2.1 Legal Consultation: It is your responsibility to consult with legal experts to ensure compliance.
3.2.2 Non-Reliance on ClavePrep for Legal Compliance: You should not rely solely on ClavePrep for legal compliance advice.
3.3 Prohibited Activities: Users are prohibited from misusing the website, engaging in fraudulent activities, or attempting unauthorized access to our systems or data. This includes, but is not limited to, hacking, data scraping, distributing malware, or any activity that disrupts or interferes with the proper functioning of our services. Any such activities will be subject to legal action and immediate termination of services.
3.3.1 Lawful Use: You must use the website and services for lawful purposes only.
3.3.2 Prohibition of Harmful Activities: You may not engage in any activity that could harm the platform, other users, or ClavePrep.
4. Payment & Refund Policy
4.1 Fees & Invoicing: Payment for services rendered by ClavePrep will be based on the agreed-upon contract or pricing model specified at the time of engagement. Clients will receive invoices detailing the services provided and the corresponding fees. All fees are exclusive of applicable taxes, which shall be borne by the client.
4.2 Payment Terms: Payments must be made within the stipulated time frame as clearly mentioned in the invoice. Late payments may incur interest charges at a rate of 1.5% per month, or the highest rate permitted by law, whichever is lower, until the balance is paid in full. ClavePrep reserves the right to suspend services for accounts with overdue payments. In the event of a dispute regarding an invoice, the client must notify ClavePrep in writing within 10 days of the invoice date.
4.3 Credits: As part of our service offerings, clients may purchase or receive credits that can be used to access specific HR solutions or consulting services. The usage and applicability of credits will be governed by the terms outlined at the time of purchase or allocation.
4.4 Non-Transferability and Non-Refundability of Credits: All credits issued by ClavePrep are non-transferable and non-refundable, except as expressly provided in a written agreement between ClavePrep and the client. Once purchased or allocated, credits cannot be exchanged for cash or transferred to another account or user. Any unused credits will expire as per the terms specified at the time of issuance.
4.5 Refund Policy: Refunds, if applicable, will be processed strictly based on the conditions outlined in the respective service agreement or contract. Refund requests must be submitted in writing to contact@claveprep.com, clearly stating the reasons for the request and including any supporting documentation. All refund requests are subject to review and approval by ClavePrep management, and any approved refunds will be issued in accordance with applicable laws and regulations. ClavePrep reserves the right to deny a refund if the services were performed as agreed or if the request does not comply with the terms of the service agreement.
5. Privacy Policy
ClavePrep is committed to protecting the privacy of its users. This Privacy Policy outlines our practices regarding the collection, use, and disclosure of your information when you use our website and services. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy.
5.1 Data Collection: We collect both Personal Identifiable Information (PII) and non-PII data. PII includes information that can identify you, such as your name, email address, phone number, and company details. Non-PII includes aggregated or anonymized data that cannot be directly linked to you.
5.2 Use of Data: Your data is used to provide, maintain, and improve our services, to communicate with you, and to personalize your experience. We may also use your data for analytics, research, and to comply with legal obligations.
5.3 Data Security: We implement industry-standard security measures to protect your data from unauthorized access, use, or disclosure. These measures include encryption, firewalls, and regular security audits. However, no method of transmission over the Internet or method of electronic storage is completely secure, so we cannot guarantee absolute security. In the event of a data breach, ClavePrep will comply with all applicable legal requirements, including notification obligations.
5.4 PII Data Tagging and Accessibility: We employ data tagging mechanisms to identify and categorize PII, ensuring that it is handled with the utmost care. Access to PII is restricted to authorized personnel only, and we maintain strict access controls to prevent unauthorized access.
5.5 AI Models: As part of our service offerings, we may utilize AI models to enhance and personalize your experience. These models are designed to process data in a secure and privacy-preserving manner. By using our services, you consent to the processing of your data by these AI models. We ensure that these models comply with all applicable data protection laws and regulations.
5.6 Mutual Responsibility: ClavePrep and its clients share a mutual responsibility to ensure the highest standards of data privacy and security. We are committed to complying with all applicable data protection laws and regulations, and we expect our clients to do the same.
5.7 Data Retention: We retain your data for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
5.8 Your Rights: You have the right to access, correct, or delete your personal data. To exercise these rights, contact us at contact@claveprep.com. We will respond within the time frame required by applicable law.
5.9 Third-Party Services: Our services may contain links to third-party websites or services. We are not responsible for the privacy practices of these third parties, and we encourage you to review their privacy policies before providing any personal information.
5.10 Updates to this Privacy Policy: We may update this Privacy Policy from time to time. We will notify you of any significant changes by posting the new Privacy Policy on our website or by sending you a direct notification. Your continued use of our services after the effective date of the revised Privacy Policy constitutes your acceptance of the changes.
6. Limitation of Liability
6.1 Exclusion of Consequential Damages: To the fullest extent permitted by applicable law, neither ClavePrep nor its affiliates, officers, directors, employees, agents, suppliers, or licensors shall be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, damages for loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or in connection with (i) your access to or use of, or inability to access or use, the services; (ii) any conduct or content of any third party on the services, including, without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not ClavePrep has been advised of the possibility of such damages.
6.2 Cap on Liability: In no event shall the aggregate liability of ClavePrep, its affiliates, officers, directors, employees, agents, suppliers, or licensors, exceed the amount actually paid by you to ClavePrep for the services giving rise to the claim during the three (3) months immediately preceding the event giving rise to such liability. This limitation of liability is a fundamental element of the basis of the bargain between ClavePrep and you.
6.3 Disclaimer of Reliance: ClavePrep provides its services on an "as is" and "as available" basis. ClavePrep makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content, materials, or products included on this website. You expressly agree that your use of these services is at your sole risk.
6.4 Force Majeure: ClavePrep shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ClavePrep's reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
7. Intellectual Property Rights
7.1 Ownership: All content, materials, and intellectual property on this website, including but not limited to logos, graphics, text, images, software, databases, and service descriptions, are the exclusive property of ClavePrep or its licensors and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws. This includes the compilation, design, arrangement, and assembly of the content of this website.
7.2 Restrictions on Use: Except as expressly authorized by ClavePrep, users are strictly prohibited from copying, reproducing, modifying, distributing, displaying, performing, or creating derivative works of any content without the prior express written consent of ClavePrep. This prohibition includes, but is not limited to, the use of any content for commercial purposes, advertising, or any other form of solicitation, unless explicitly authorized in writing by ClavePrep.
7.3 Enforcement: ClavePrep actively and aggressively enforces its intellectual property rights to the fullest extent of the law. Unauthorized use, reproduction, or distribution of any intellectual property belonging to ClavePrep may result in legal action, including, without limitation, claims for copyright infringement, trademark infringement, patent infringement, trade secret misappropriation, and other violations of intellectual property rights. ClavePrep reserves the right to seek injunctive relief, monetary damages, statutory damages, attorneys' fees, and any other remedies available under applicable law to protect its intellectual property rights.
8. Governing Law & Dispute Resolution
8.1 Governing Law: These Terms and Conditions and any disputes arising out of or in connection with these Terms and Conditions or your use of our services shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles.
8.2 Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Bangalore, India.
8.3 Arbitration Process: The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement between the parties. If the parties fail to agree on an arbitrator within thirty (30) days, the arbitrator shall be appointed by the High Court of Karnataka. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties.
8.4 Jurisdiction: Subject to the arbitration clause above, in the event that a dispute is not subject to arbitration or the arbitration process fails for any reason, the parties submit to the exclusive jurisdiction of the courts located in Bangalore, India, for the resolution of any such dispute.
8.5 Injunctive Relief: Notwithstanding the foregoing, ClavePrep reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
9. Modifications to Terms and Conditions
9.1 Right to Amend: ClavePrep reserves the right, at its sole discretion, to amend, modify, or replace these Terms and Conditions, in whole or in part, at any time without prior notice to the fullest extent permitted by applicable law. Such modifications shall become effective immediately upon posting the revised Terms and Conditions on our website, unless otherwise specified.
9.2 Notification of Changes: While ClavePrep is not obligated to provide prior notice of all modifications, for any material changes to these Terms and Conditions that may significantly affect your rights or obligations, we will endeavor to provide advance notice via email or by posting a prominent notice on our website. The determination of what constitutes a material change shall be made at our sole discretion, exercised in good faith and using reasonable judgment. However, it remains your responsibility to periodically review these Terms and Conditions for any updates or changes.
9.3 Acceptance of Revised Terms: By continuing to access or use our website and services after any revisions to these Terms and Conditions become effective, you acknowledge and agree to be bound by the revised terms. Your continued use constitutes your express and unequivocal acceptance of the modified Terms and Conditions. If you do not agree to the new or revised terms, in whole or in part, your sole recourse is to discontinue using the website and the services immediately.
9.4 Continued Use as Acceptance: Your continued use of the website or services following the posting of any changes to these Terms and Conditions constitutes conclusive evidence of your acceptance of those changes. It is your responsibility to remain informed of any updates, and ClavePrep shall not be liable for any consequences resulting from your failure to review and understand the revised Terms and Conditions.
10. Contact Information
If you have any inquiries, concerns, or require clarification regarding these Terms and Conditions, or if you wish to report a potential violation of these terms, we encourage you to contact us through the following channels:
10.1. Email: For inquiries, please contact us at contact@claveprep.com. We endeavor to acknowledge receipt of your email within one business day and provide a substantive response within two business days. Please ensure that your email includes sufficient detail to allow us to address your inquiry effectively.
10.2. Phone: You may contact us at +91 72595 88047 during our business hours, which are Monday to Friday, 9:00 AM to 6:00 PM Indian Standard Time (IST). Please note that while we strive to answer all calls promptly, there may be instances where immediate assistance is not possible. In such cases, we recommend sending an email to ensure a timely response.
10.3. Formal Legal Notices: For formal legal notices, demands, and other official correspondence requiring a written record, please send a physical communication to our registered office address, as duly listed and maintained on our official website. Please ensure that all such communications are sent via certified mail with return receipt requested to confirm delivery.
10.4. Acknowledgment and Acceptance: By accessing or utilizing our website and services, you hereby acknowledge that you have carefully read, fully understood, and voluntarily agree to be unconditionally bound by these Terms and Conditions, which constitute a legally binding agreement between you, the user, and ClavePrep. Your continued use of our website and services signifies your unequivocal and express acceptance of these terms, as they may be lawfully amended, modified, or supplemented by us from time to time. If you do not agree with any provision or aspect of these terms, you must immediately discontinue any and all use of our services.
