Terms of Service

Effective from: August 01, 2016

Welcome to Aircto’s website registered under the name of LaunchYard Technologies Pvt. Ltd, a Indian registered company with a place of business at #3274, 11th Main HAL 2nd Stage Indiranagar, Bangalore 560078. By using Aircto’s services (“Aircto services”), you agree to the following terms and conditions, and any privacy policies, legal notices or other applicable policies and guidelines that may be presented to you (collectively these “Terms of Service”) from time to time.

  1. TERM

    This Contract shall commence on the date on which you Accept these Conditions upon Your registration with Aircto and shall remain in full force and effect unless and until terminated by either Party in accordance with the terms of the Contract.

  2. DEFINITIONS

    For the purposes of these Terms of Service, the terms in this Section 2 shall have the meanings assigned to them.

    1. “User” or “Recruiter” means those individuals having registered accounts with a user identification email and password.
    2. “Candidate” means an individual’s profile/resume which is uploaded by the “Recruiter”.
    3. “Aircto services” means the services for Aircto’s interviews, shortlisting of resumes and user interface software used to recruit and screen “Candidates” that is hosted by Aircto’s hosting service provider and made available to you pursuant to these Terms of Service.
  3. ACCOUNT INFORMATION, SERVICE ACCESS

    1. The “Aircto services” is not available to persons under the age of thirteen (13) or to any “User” suspended or removed from the Aircto service by Aircto. By using the Aircto service, you represent and warrant that you are at least thirteen (13) years of age and that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the India or other applicable jurisdiction.
    2. Aircto reserves the right to refuse registration of, or cancel, any account or access to the Aircto services by any “User” in its reasonable discretion, at any time.
    3. Aircto accounts will be accessed through a email and password that you will create (your “Credentials”). Your Credentials are solely for your use and must not be shared with other Users. All Users need to have their own account, email and credentials. You agree that your credentials and information you provide upon registration and at all other times will be true, accurate, current, and complete (including your name and company name). You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under your account. You agree to immediately notify Aircto of any unauthorized use of your account, password, credentials, or any other breach of security. You agree that Aircto will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
    4. Except as expressly permitted by Aircto, you agree that the Aircto services are to be accessed only for you or your company’s own internal business purposes and not for resale or unauthorized distribution to any third party.
  4. CONTENT

    1. Content: The Aircto service provides certain features, which enables Users to submit, post, and share data, text, software, graphics, messages or other material (“Content”) on the Aircto service. Content that Users submit, post or share is subject to the terms and conditions of these Terms of Service. Content that you own and post on or through the Aircto service belongs to you and you may use it in any way, except as prohibited by applicable state and federal law or regulations. By using the Aircto service, you are granting Aircto and certain third parties permission to use Content as described in these Terms of Service.
    2. Grant of license to Aircto. By using the Aircto service, you are granting Aircto a non-exclusive, worldwide, royalty-free, fully paid-up, sublicenseable, irrevocable and transferable right and license to use, host, store, reproduce, create derivative works of, modify, display (internal), and communicate your Content on and through the Aircto service. If you post Content on or through the Aircto service, you represent and warrant that you have the right to post that Content and to grant the above rights to Aircto, so ensure that you have the necessary rights to grant Aircto this license for any Content you submit or post to the Aircto service. This license that you grant Aircto is for the limited purpose of operating, promoting, marketing improving and developing Aircto products and services (and derivative works thereof). This license continues even if you terminate your account and/or stop using the Aircto service. Aircto acknowledges that it will not acquire any other rights in any Content that you may upload or post to the Aircto service.
    3. Use of Content. You understand that by posting your Content that you are responsible for your Content and any Content that you create, transmit or display while using the Aircto services and for any consequences thereof. You further agree that under no circumstances shall Aircto be liable for the errors or omissions of another User who views your Content. Therefore, you represent and agree to all of the following and acknowledge that Aircto is explicitly relying on such representations and agreement with regard to your Content and use of Content made available on the Aircto service:
      1. The Content represents your own original work and/or you have all necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed or violated by the Content being viewed and used as described in these Terms of Service.
      2. You agree to use Aircto services only for purposes that are legal, proper and in accordance with these Terms of Service. Your disclosure of your Content does not violate a confidential relationship with any third party or establish a confidential relationship with Aircto.
      3. You understand that you are responsible for your Content that you upload, post, e-mail, transmit, or otherwise make available through the Aircto service. Except as permitted in these Terms of Service, you do not have the rights to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to you, other than viewing of Content or the associated Challenge reports on or through the Aircto service.
    4. Accuracy of Content. Aircto cannot and need not control all Content posted by Users on or through the Aircto service, and it does not guarantee the accuracy, integrity or quality of such Content. You agree that under no circumstances will Aircto be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. Aircto does not endorse and is not responsible for the accuracy, usefulness, safety, or of or relating to Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Aircto WITH RESPECT THERETO.
    5. Right to Remove or Edit User Content. Aircto reserves the right, in its reasonable discretion, to refuse to allow any Content through the Aircto services, or to edit or remove any Content at any time with or without notice. Without limiting the generality of the preceding sentence, Aircto complies with the Digital Millennium Copyright Act, and will remove Content upon receipt of a compliant takedown notice (see the “Copyright Infringement” section below).
    6. User Representations and Warranties. You are solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Aircto to use all patent, trademark, copyright, or other proprietary rights in and to your Content to enable inclusion and use of your Content in the manner contemplated by Aircto and these Terms of Service, and to grant the rights and license set forth above, and (ii) your Content, Aircto’s use of such User submissions pursuant to these Terms of Service, and exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, Privacy Right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms of Service, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
    7. Feedback. If you provide Aircto with any comments, bug reports, feedback, or modifications proposed or suggested by you on the Aircto services (“Feedback”), Aircto shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Aircto service. You hereby grant Aircto a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
  5. CODE OF CONDUCT

    1. Blocked Content. Aircto has the right, but not the obligation, to remove or block Content from the Aircto service that it determines in its reasonable discretion to be in violation of these Terms of Service, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property or that is detrimental to the quality or intended spirit of the Aircto service. Aircto also has the right, but not the obligation, to limit or revoke the use privileges of the account of any User who posts such Content or engages in such behavior.
    2. Disagreements. You alone are responsible for your interaction with other Users via the Aircto service. If you have a dispute with one or more Users or if you disagree with the results of a Interview Report, your sole remedy is to cease using the Aircto service and ask Aircto for the refund for the disagreed interview report. You irrevocably and forever release Aircto (and Aircto's officers, directors, agents, subsidiaries, contractors, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
    3. Copyright Infringers. Aircto does not permit copyright infringing activities through the Aircto service and reserves the right to terminate access to the Aircto service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Aircto service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Aircto may have at law or in equity.
    4. Inappropriate Content. Aircto will use common business sense regarding behavior or Content allowed on or through the Aircto service. Examples of unacceptable Content or behavior include:
      1. Abuse, harassment, threats, flaming or intimidation of any person or organization.
      2. Uploading or sending to other Users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate Content.
      3. Uploading copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others.
      4. Making unsolicited offers, advertisements, proposals, or sending junk mail (aka spam) to other Users.
      5. Impersonating another person or pretending to be affiliated with an organization with which you are not affiliated or misrepresenting the extent of your affiliated or role with an affiliated organization or the source, identity or Content transmitted.
      6. Engaging in or contributing to any illegal activity or activity that violates others’ rights.
      7. Use of derogatory, discriminatory or excessively graphic language.
      8. Transmitting worms, viruses or harmful software.
      9. Disclosing the personal or proprietary information of another person or organization not otherwise permitted by applicable rules or law.
      10. Sharing Aircto accounts, User Credentials with any third party or encouraging any other User to do so.
  6. TERMINATION

    1. Aircto, in its reasonable discretion may terminate your account and/or user login credentials and remove and discard any Content within the Aircto service if Aircto believes that you have violated or acted inconsistently with the letter and spirit of these Terms of Service.
    2. You may terminate your account, this Agreement and your right to use the Aircto service at any time and for any reason or no reason, by contacting Aircto user support at support@aircto.com However, if you have a separate agreement with Aircto which has conflicting terms regarding termination, those terms shall take precedence over this Agreement.
    3. After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and Content in your account or that you have stored on the Aircto service may be, but is not required to be deleted by Aircto. Aircto will have no liability for information or Content that is deleted due to the cancellation or termination of your account for any reason.
  7. OWNERSHIP; PROPRIETARY RIGHTS

    The Aircto service is owned and operated by LaunchYard Technologies Pvt. Ltd. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Aircto service provided by Aircto (“Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any third party content or Content uploaded by you, all Materials are the copyrighted property of Aircto or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Aircto or its affiliates and/or third party licensors. Except as expressly authorized by Aircto, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

  8. THIRD PARTY WEBSITES AND SERVICES

    The Aircto services may include links to third party web sites or services (“Linked Sites”) solely as a convenience to Users and Candidates. Aircto does not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, Aircto makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk.

  9. INDEMNIFICATION

    You agree to indemnify and hold Aircto Incorporation, its affiliated companies, suppliers, partners, officers, contractors and employees harmless from any claim or demand made by any third party due to or arising out of (i) your actions in using the Aircto service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the Aircto service, or (iii) the violation of these Terms of Service by you or any third party using your Credentials. Aircto reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. This indemnity shall not apply if a third party uses your Credentials due to an act or omission of Aircto.

  10. MODIFICATIONS TO PRICES

    Prices of all fee-based Aircto services are subject to change. If they do change, the changes shall only take effect for any subsequent subscription periods you choose to purchase.

  11. MISCELLANEOUS

    1. These Terms of Service will remain in full force and effect while you use the Aircto service. Those terms that can continue to operate after you stop using the Aircto service (including without limitation your Content license to Aircto service and the General Terms in this Section), will survive after you stop using the Aircto service.
    2. Statute of Limitations. You agree that regardless of any statute of law to the contrary or any claim or cause of action arising out of or related to use of Aircto services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    3. Notices. You agree that Aircto may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail or by posting on the website hosting the Aircto services.
    4. Waiver/Severability. The failure of Aircto to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect.
    5. Assignment. You may not assign your account to the Aircto service or any rights and licenses granted hereunder and such any assignment by you will be null and void.
    6. No Third Party Beneficiaries. You agree that except as otherwise expressly provided for in these Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
    7. Aircto team needs to make calls to the candidates and the experts in order to conduct the interviews. So we may call you / sms you for information even if your number is registered in NDNC.