Terms and Conditions

1. About these terms

These Terms and Conditions ("Terms") govern access to and use of Oximus Pro, an online interview, assessment and interview-monitoring service, and the website oximuspro.com (together, the "Service"), provided by HackGeniX Tech Private Limited (CIN U62013TZ2025PTC035022), with its registered office at 67/1, Thiyagi Nadesan Street No. 3, Ammapettai, Salem – 636003, Tamil Nadu, India ("HackGeniX", "we", "us", "our").

By creating an account, accepting a quotation, placing an order, clicking to accept, or using the Service, you agree to these Terms on behalf of the organisation you represent, and you confirm that you have authority to bind it. If you do not agree, do not use the Service.

Where your organisation has signed an order form or master agreement with us, that document takes precedence over these Terms wherever the two conflict. Our Privacy Policy, Acceptable Use Policy, Data Processing Agreement, Cookie Policy and Cancellation and Refund Policy form part of these Terms.

This document is an electronic record under the Information Technology Act, 2000 and the rules made under it, and does not require a physical or digital signature.

2. Definitions

• Company, you — the consultancy, employer, institution or other organisation that licenses the Service.
• Authorised User — an individual the Company gives a staff account to, such as an administrator, recruiter or interviewer.
• Candidate — an individual the Company invites to take an assessment or interview on the Service.
• Client — a business the Company recruits for, where the Company is a recruitment consultancy.
• Round — one online assessment or one live interview taken by one Candidate.
• Credit — the right for one Candidate to take one Round.
• Order — a quotation or order form you accept, a purchase order we acknowledge, or a purchase through our website or app.
• Company Data — data that the Company, its Authorised Users and its Candidates submit to the Service, including jobs, questions, answers, scores, scorecards, notes and monitoring captures.
• Signal — an automated record that the Service detected an event during a Round, such as eye movement consistent with reading, a long silence before a fluent answer, text that appeared without typing, a second display or a device seen by the phone camera.
• Usage Data — technical and statistical information about how the Service is used and performs, which does not identify any Candidate or Authorised User.

3. Eligibility and accounts

The Service is for businesses and institutions, not for consumers. Authorised Users must be at least 18 years old. The Company is responsible for everyone it gives access to, for the roles and permissions it assigns, and for all activity under its accounts. Each person must have their own account; credentials must not be shared. Tell us immediately at support@oximuspro.com if you suspect unauthorised access.

4. What the Service does — and does not do

The Service provides online assessments, live interview rooms, monitoring that raises Signals, reports, and related tools, as described on our website and in your Order.

Signals are evidence, not findings. A Signal records what software detected. Automated checks can be wrong — because of lighting, a shared room, a slow connection, a disability, a medical condition, or simply the way a person thinks before answering. Every decision about a Candidate — misconduct, rejection, selection or anything else — must be made by a person at the Company after reviewing the evidence. HackGeniX does not make, recommend or validate hiring decisions.

No guarantee of detection. A web browser cannot see every device, application, person or technique a Candidate may use. We do not warrant that the Service will prevent or detect all cheating, impersonation, AI assistance or other misconduct, or that every Signal is accurate.

Not an employer, agent or background-check provider. HackGeniX is not a party to any employment or engagement between the Company, its Clients and Candidates, and does not verify the identity, qualifications or history of any Candidate.

Features may change as the Service develops. We will not materially reduce the core functionality of a plan during a paid term.

5. Credits, orders and payment

• Scheduling a Round reserves a Credit; starting the Round uses it. A cancelled Round, or one the Candidate never joins, returns the reserved Credit.
• If a Round cannot be completed because of a fault in the Service, the Credit for that Round is returned. This is the Company's sole remedy for an individual failed Round.
• Credits are valid for the term in your Order and, unless your Order says otherwise, expire at the end of it. Credits have no cash value, cannot be transferred to another organisation and are not refundable except as our Cancellation and Refund Policy states.
• Fees are set out in your Order, quoted in Indian rupees and exclusive of Goods and Services Tax, which is charged at the applicable rate (GSTIN 33AAICH0065K1ZO). Unless your Order says otherwise, fees are payable in advance and invoices are due within fifteen days.
• Where tax must be deducted at source, the Company will provide the deduction certificate within the period the law requires.
• If an amount is overdue, we may, after seven days' written notice, suspend the scheduling of new Rounds until it is paid. We will not interrupt a Round already in progress for non-payment.
• Online payments are processed by third-party payment gateways. We do not see or store full card numbers, UPI PINs or banking passwords. Raising a chargeback without first contacting us is a breach of these Terms.
• We may change our list prices for future terms with at least thirty days' notice. Prices agreed in an Order do not change during that Order's term.

6. The Company's responsibilities

The Company is solely responsible for:

• deciding how each Round is run, which monitoring is switched on, and what counts as misconduct;
• giving every Candidate clear notice of how they will be monitored and what data will be collected, and obtaining any consent the law requires, before the Round. The Service shows Candidates a notice and asks them to agree before they start; this supports, and does not replace, the Company's own obligations;
• having a lawful basis for processing Candidate data and for sharing reports with Clients, and complying with the Digital Personal Data Protection Act, 2023, employment, anti-discrimination, disability and other laws that apply to its hiring;
• making reasonable adjustments for Candidates with disabilities or other needs, including switching off checks that would be unfair to them;
• not inviting anyone under 18 unless verifiable consent of a parent or lawful guardian has been obtained as the law requires;
• the accuracy and lawfulness of the jobs, questions, answer keys and other content it uploads; and
• every hiring decision it or its Clients make.

7. Candidates

Candidates use the Service at the invitation of a Company. Their relationship is with that Company, which is responsible for their data and for any decision about them. Candidates must not attempt to defeat, disable or mislead the monitoring, share their invitation link, have another person take a Round for them, or record, copy or publish questions. Questions about a Round or a decision should go to the Company that sent the invitation.

8. Acceptable use

Use of the Service is subject to our Acceptable Use Policy. In particular, the Service may not be used to monitor anyone who has not been told they are being monitored, for any purpose other than assessment and hiring, or in a way that discriminates against, harasses or publicly shames a Candidate.

9. Company Data

As between the parties, the Company owns Company Data. The Company grants HackGeniX a non-exclusive licence to host, process, transmit and display Company Data only to provide, secure and support the Service and as the Company instructs. HackGeniX processes personal data in Company Data as the Company's data processor under our Data Processing Agreement.

We do not sell Company Data, use it for advertising, or use Candidates' answers, images or recordings to train AI models.

We may collect and use Usage Data to operate, secure and improve the Service, and may publish aggregated statistics that do not identify the Company, any Client, Candidate or individual.

10. Optional AI features

Some plans can use an AI model to draft follow-up questions for the final-round check. When the Company switches this on, the job title, the job's skills and the selected questions with their expected answers are sent to the model provider. The Candidate's name, contact details, answers and pictures are not sent. AI-drafted content may be inaccurate; the Company must review it before use.

11. Our intellectual property and brand

HackGeniX and its licensors own the Service, including its software, algorithms, detection methods, design, shared question library, documentation and all improvements to them. These Terms give the Company a limited, non-exclusive, non-transferable right to use the Service during its paid term for its own hiring and its Clients' hiring. They do not transfer ownership of anything.

"Oximus", "Oximus Pro", the Oximus logo and emblem, "HackGeniX" and related names, logos and taglines are trademarks of HackGeniX. You may not use them, or anything confusingly similar, in any domain name, company name, product, advertising or social media without our prior written permission — except to refer factually to the Service you use.

You must not, and must not allow anyone to: copy, modify, frame or create derivative works of the Service; reverse engineer, decompile or attempt to discover its source code, models or detection logic, except where the law expressly allows despite this restriction; probe, scan or test its security without our written permission; build or help build a competing product using the Service or our materials; or publish benchmarks, detection-evasion techniques or comparisons based on the Service without our written consent.

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

Unless you tell us otherwise in writing, we may name the Company as a customer and show its logo on our website and in sales materials. You may withdraw this permission at any time by emailing hello@oximuspro.com.

12. Confidentiality

Each party will keep the other's confidential information — including Company Data, pricing, product roadmaps, security information and non-public features — confidential, use it only for the purposes of these Terms, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or lawfully received from a third party, or to disclosure the law or a court requires (with prompt notice where lawful).

13. Availability, support and third parties

We aim to keep the Service available 99.5% of the time each month, excluding scheduled maintenance announced in advance and events outside our reasonable control. Live video quality depends on each participant's device and connection. Support is available by email at support@oximuspro.com on working days. Any service-level commitment beyond this must be in a signed Order.

The Service relies on third parties such as cloud hosting, video relay, email and payment providers, and on the Candidate's own device, browser and network. We are not responsible for failures of networks, devices or services we do not control. Beta or preview features are provided as they are, may change or be withdrawn, and are excluded from any service level.

14. Warranties and disclaimers

Each party warrants that it has authority to enter into these Terms. We warrant that we will provide the Service with reasonable skill and care. Except as expressly stated in these Terms, and to the fullest extent the law allows, the Service is provided "as is" and "as available", and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy of Signals and non-infringement.

15. Limitation of liability

To the fullest extent the law allows:

• neither party is liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profit, revenue, business, goodwill, reputation or data, however caused;
• HackGeniX is not liable for any hiring, engagement or termination decision, or its consequences, made by the Company, its Clients or anyone else, whether or not based on Signals or reports from the Service;
• HackGeniX's total liability arising out of or relating to these Terms and the Service, in contract, tort (including negligence) or otherwise, is limited to the fees the Company actually paid for the Service in the twelve months before the event giving rise to the claim; and
• any claim must be brought within one year after the cause of action arose.

Nothing in these Terms limits liability for fraud, wilful misconduct, or anything that cannot be limited by law, or the Company's obligation to pay fees and its indemnity under section 16.

16. Indemnity

The Company will defend, indemnify and hold harmless HackGeniX, its directors, employees and agents against all claims, demands, penalties, losses and reasonable costs (including legal fees) brought by Candidates, Clients, regulators or other third parties arising from: the Company's or its Clients' hiring decisions; the Company's failure to give notice, obtain consent or comply with law in relation to Candidates; content or data the Company uploads or shares; use of the Service in breach of these Terms or the Acceptable Use Policy; or any act of its Authorised Users.

HackGeniX will defend the Company against a third-party claim that the Service, as provided by us, infringes that party's intellectual property rights in India, and pay any damages finally awarded, provided the Company notifies us promptly, gives us control of the defence and cooperates. This does not apply to claims arising from Company Data, combinations with things we did not provide, or use in breach of these Terms. We may instead modify the Service to avoid infringement or end the affected part and refund prepaid fees for it.

17. Suspension

We may suspend access to all or part of the Service immediately, with notice where practicable, if we reasonably believe that: it is being used in breach of the Acceptable Use Policy or the law; there is a security threat or unauthorised access; continued use could harm Candidates, other customers, the Service or our reputation; or a court, regulator or law requires it. We will restore access once the cause is resolved. Suspension does not relieve the Company of its obligation to pay.

18. Term and termination

These Terms apply from your first use of the Service until every Order has ended. Either party may terminate an Order if the other materially breaches these Terms and does not remedy the breach within thirty days of written notice, or immediately if the other becomes insolvent. We may terminate immediately for a serious or repeated breach of the Acceptable Use Policy.

On termination, the Company's right to use the Service ends and unused Credits lapse, except where we terminate for convenience or for our own breach, in which case we refund prepaid fees for unused Credits. For thirty days after termination the Company may export its Company Data; after that we delete it, except where the law requires us to keep it. Sections that by their nature should survive — including 9 to 12 and 14 to 22 — survive termination.

19. Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, riots, government action, power or internet failures, failures of third-party hosting or telecommunications providers, and cyber attacks not caused by its own negligence. Payment obligations are not excused.

20. Changes to these Terms

We may update these Terms. If a change materially affects the Company's rights, we will notify Company administrators by email at least thirty days before it takes effect, except where a change is required by law. Continuing to use the Service after the effective date means acceptance. The version in force at the start of an Order's term continues to apply to that Order where the change would otherwise increase fees or reduce committed features.

21. Governing law and disputes

These Terms are governed by the laws of India. The parties will first try to resolve any dispute by good-faith discussion between senior representatives for thirty days. Any dispute not resolved in that time shall be referred to arbitration by a sole arbitrator appointed by mutual agreement or, failing that, under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Chennai, Tamil Nadu, and the language English. Subject to this, the courts at Chennai, Tamil Nadu have exclusive jurisdiction. Either party may seek urgent interim relief from a competent court to protect its intellectual property or confidential information.

22. General

These Terms, with the documents they refer to and any Order, are the entire agreement between the parties about the Service. If any provision is unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver. The Company may not assign these Terms without our written consent; we may assign them to an affiliate or a successor to our business. Nothing creates a partnership, agency or employment relationship. Notices to us must be sent to hello@oximuspro.com and to our registered office; notices to the Company may be sent to its administrator's email address.

23. Contact

HackGeniX Tech Private Limited, 67/1, Thiyagi Nadesan Street No. 3, Ammapettai, Salem – 636003, Tamil Nadu, India. Email hello@oximuspro.com · Support support@oximuspro.com · Phone phone number.