EyesBreaker Terms of Use

[Effective Date]

Introduction

Welcome to EyesBreaker.com ("Site",“Platform”) Terms of Use, a platform managed and owned by XXX ("Company"). This Site serves as an intermediary under Section 2(w) of the Information Technology Act, 2000 of India. By accessing and using our Site, Youagree to comply with these Terms of Use ("Agreement"). “Service” refers to the Company’s services accessed via the Site. The terms (“we,” “us,” and “our”) refer to the Company. “You” refers to you, as a user of our Site or our Service. If You do not agree with any part of this Agreement, please do not use our Site or Services. If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to the Terms. In that case, the terms (“You” or “Your”) shall also refer to such entity, and its affiliates, as applicable. If You do not have such authority, or You do not accept all of these Terms of Use, do not use the Services or provide information to EyesBreaker.
Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and Your continued access to or use of the Services signifies Your acceptance of the updated or modified Agreement.
We retain the right at our sole discretion to deny access to anyone to the Services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

1. Eligibility

By using our Services, You affirm that:

  • You have the legal capacity to enter into a contract as per Indian law.
  • You are eligible to lawfully carry out any activity with the intent to make informed career decisions using the information provided on the Platform.

2. Use of EyesBreaker

By installing, accessing, or using our services, You agree to be bound by this agreement and all terms and conditions herein. If You do not agree with any part of this agreement, You must not access or use our services. The application is intended to enable access to the site through the device solely in accordance with the agreement. Access to any part of the platform or any content downloaded from it is contingent on Your acceptance and compliance with the agreement. Furthermore, depending on the services selected, specific conditions related to the product may also be applicable.

Content on EyesBreaker: EyesBreaker hosts user-generated content, employer submissions, employee submissions, advertisements, and other third-party contributions. This includes reviews, ratings, feedback, interview advice, and more. We do not control this content and therefore do not take responsibility for its accuracy, reliability, or legality. You acknowledge that:

  • We do not endorse any user-generated content.
  • We do not guarantee the accuracy or quality of the information.
  • We are not responsible for any objectionable or unlawful content posted by users, advertisers, or third parties.
  • EyesBreaker cannot be held responsible for any claims arising from third-party content. For further details, please reach out to us at XXX.

Users are permitted to share content related to employees, companies, and employers. This includes various employment arrangements such as full-time, part-time, freelance, retainer, or independent contracts, as well as individuals hired for specific tasks or those who have participated in interviews with any company. All users who contribute content are referred to as (“contributors”).

3. EyesBreaker Accounts

A. Accounts And Profiles

You must create an account and provide certain personal data to access most of our services.

  • You agree that the information You provide to us via Your account(s) is accurate and that You will keep it accurate and up-to-date at all times.
  • You’re responsible for safeguarding Your account(s), and You accept responsibility for all activities that occur via Your account(s). EyesBreaker disclaims any liability for third-party actions made via Your account(s). You agree to notify us immediately if You suspect any unauthorised use of Your account(s) or access to Your password(s).
  • In order to provide You with access to features across our services, we may create and link different services’ accounts for you. When You set up an account to access the services, we create a profile for You that will include personal data You provide (a “Profile”).
  • We may update Your Profile with information we obtain from third parties. We may also use personal data You provide to us via Your resume(s) or our other services.
  • Portions of Your Profile may be visible to other users and the public (e.g., Your name and profile picture) depending on the services You use.

B. User Account

We allow users to share content related to employees, companies, and employers, encompassing various employment arrangements such as full-time, part-time, freelance, retainer, or independent contracts, as well as individuals hired for specific tasks or those who have participated in interviews with any company. All users are regarded as 'contributors' concerning the content they post on EyesBreaker. Although we offer the option for EyesBreaker reviewers to specify their job role or employment category when submitting a review or sharing interview experiences, it is not mandatory.

C. Employer Account

To register for an EyesBreaker Employer Account, You may need to provide specific details, including but not limited to a valid email address and company information. Employers bear full responsibility for safeguarding the confidentiality of their login credentials.

D. All account holders consent to promptly inform us if they suspect any unauthorised use of their EyesBreaker account. All Account Holders are exclusively liable for any and all activities conducted through their account. Should the usage of an account deviate from these Terms of Use, we reserve the right to suspend or terminate the account without prior notice.

4. Social Signup and Sign In

You have the option to register an account and access EyesBreaker using the login credentials from Your accounts on various social or professional media platforms available on the internet ("Networking Platforms"). By accessing EyesBreaker through a Networking Platform, You grant us permission to access, store, and, if applicable, share any information, text, messages, tags, and/or other materials You have posted and made accessible in Your Networking Platforms account. Your personally identifiable information may be displayed in Your EyesBreaker profile, based on the privacy settings You have established for Your Networking Platforms account.

Please note that Your relationship with a Networking Platform is governed solely by Your agreement with that platform. We disclaim any responsibility for personally identifiable information provided to us by a Networking Platform in violation of the privacy settings You have configured for Your Networking Platforms account.

5. Enforcement by Eyesbreaker

After creating a profile, You are entitled to post content, including reviews of individuals or entities with whom You were or are associated, provided that the reviews do not violate the terms of this agreement. While we are not obligated to do so, we reserve the right to review and remove any content (or portion thereof) that we believe, at our sole discretion, violates these Terms or other applicable policies linked on the services (including our Community Guidelines), or that we deem, at our sole discretion, inappropriate.

If You see any content on the services that You believe violates our policies, You may report that content by clicking on an applicable report link adjacent to that content or by contacting us. Once notified, we will review the content and consider whether to remove it (or a portion thereof). Please note that our interpretation of our policies and the decision whether or not to remove content is within our sole discretion. You understand and agree that if we choose not to remove or edit content that You find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you. Please report only reviews that violate EyesBreaker policies. EyesBreaker does not get involved when users disagree about facts.

Reviews will also be removed if there is evidence indicating that users were compensated for posting them.

Other Enforcement Actions: Though not obligated, we reserve the right to investigate and take appropriate action, at our sole discretion, against You if You breach these Terms of Use. This may include, without limitation: removing content (or parts thereof) from EyesBreaker; suspending Your rights to use EyesBreaker; terminating Your membership and account; reporting You to law enforcement, regulatory authorities, or administrative bodies; and pursuing legal action against you.

6. Prohibited Activities

You agree not to engage in any of the following prohibited activities while using EyeBreaker Services:

  • A. Data Extraction for AI/Machine Learning: Access the Platform for purposes of extracting content to be used for training a machine learning or AI model, without the express prior written permission.
  • B. Legal Violations: Violate any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation;
  • C. Network Interference: Interfere with or disrupt computer networks connected to the Platform.
  • D. Impersonation and Misrepresentation: Impersonate any other person or entity, or make any misrepresentation as to Your employment by or affiliation with any other person or entity.
  • E. Unauthorised Information Use: Provide information belonging to another person to which You have no right.
  • F. Header Forgery: Forge headers or in any manner manipulate identifiers in order to disguise the origin of any user information;
  • G. User Interference and Harassment: Interfere with or disrupt the use of the Platform by any other user, nor "stalk", threaten, or in any manner harass another user.
  • H. Unauthorised Access: Use the Platform in such a manner as to gain unauthorised entry or access to the computer systems of others.
  • I. Commercial Exploitation: Reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the Platform, or any component thereof (including, but not limited to any materials or information accessible through the Platform);
  • J. Derivative Works: Use content from the Site for derivative works with a commercial motive without prior written consent of the Company.
  • K. Interference with Operations: Use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or Impose an unreasonable or disproportionately large load on the Platform infrastructure.
  • L. Spamming: Spam the Platform/Company by indiscriminately and repeatedly posting content or forwarding mail that may be considered spam.
  • M. Unauthorised Access and Security Breach: Access data not intended for You or log into a server or account that You are not authorised to access or to engage in reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the site or any related technology.
  • N. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site.
  • O. Attempt to probe, scan or test the vulnerability of a system or network.
  • P. Use automated means to crawl the Platform and to scrape content from the Platform.
  • Q. The Site uses technological means to exclude Robots etc. from crawling it and scraping content. You undertake not to circumvent these methods.
  • R. Access the Site except through the interfaces expressly provided by Company or attempt or breach security or authentication measures without proper authorization.
  • S. Providing deep links into this Platform without prior permission of the Company is prohibited. Extracting data from this Platform using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
  • T. Upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
  • U. Subscribers shall under no circumstance sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment or transfer is void.
  • V. Constitute hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information
    1. For which You do not have all necessary rights and licences;
    2. Which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
    3. Which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Platform, or that of other computer systems;
    4. That is grossly harmful, harassing on basis of gender, invasive of another's privacy, hateful including bodily privacy, disparaging, relating to money laundering or unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, libellous/blasphemous, vulgar, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
    5. Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
    6. That deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any misinformation or information which is grossly false and untrue it misleading in nature;
    7. That belongs to another person and to which the user does not have any right to;
    8. That harm minors in any way;
    9. That threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    10. Accessing or using our Services for any illegal or unauthorised purpose.

7. Rights to EyesBreaker Content

EyesBreaker hosts content provided by us and our licensors. Both we and our licensors, which include other users, possess and maintain all proprietary rights, including intellectual property rights, in the content each of us provides. Additionally, EyesBreaker maintains ownership and retains all property rights in EyesBreaker itself. You agree not to:

  • Reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt, or create derivative works based on EyesBreaker or the content (excluding Your content); or
  • Rent, lease, loan, or sell access to EyesBreaker.

8. Use of EyesBreaker

The Platform that You subscribe to or use (whether paid for by You or not) is intended for a specific purpose and for Your exclusive use only. Copying, downloading, recreating, sharing passwords, sublicensing, or sharing in any manner not in accordance with these terms constitutes misuse of the Platform, Service, or Product. The Company reserves the right to take appropriate action to protect its revenue, reputation, or claim damages, including suspending Your service or access and reporting to relevant authorities if You are found to be copying, misusing, transmitting, or crawling any data, photographs, graphics, or information available on the Platform or Service for any purpose other than the intended one.

9. Accuracy and Correctness of Provided Information

While using this platform, You are obligated to provide only truthful and accurate information. If You create a profile, You commit to keeping the information current at all times. We retain the right to remove or suspend any content or profile that contains false, incorrect, incomplete, or outdated information, or that impersonates someone else. It is crucial to keep Your contact details updated, as providing incorrect information alone can result in the termination of services.

10. Account Security and Content Responsibility

Users are solely responsible for any online or offline transactions conducted using their user identification, including credit card or debit card transactions. The Company bears no responsibility for any misuse of such information. Users are accountable for all activities undertaken under their account on the Platform. It is assumed that users have obtained proper authorization and permissions for any actions conducted through their account.

While the Platform may include links to third-party websites for convenience, these links should not be interpreted as an endorsement of their content. Users access these websites at their own risk.

11. Content Responsibility and Liability Statement

The Platform operates as an intermediary, as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000 of India.

The Company shall not be responsible for any errors or omissions contained on any Company Platform or mobile Site or application and reserves the right to make changes anytime without notice. Mention of non-Company products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by the Company. All Company and third-party information provided on any Company Platform or mobile Site, or application is provided on an "AS IS" basis.

Views expressed by the users are their own, and the Company does not endorse them. No claim as to the accuracy and correctness of the information on the Site is made. In case any inaccuracy or otherwise improper content is sighted on the Platform, please report it to "report". If indeed the content is found to be not in accordance with these Terms of Use, we reserve the right to, without notice, terminate or restrict Your use or access to the Site (or any part thereof) and/or take down any content uploaded by You for any reason, including, without limitation, that the Company, based on its judgement and perception, believes you have violated or acted inconsistently with the spirit of the Agreement. The Company hereby disclaims all warranties, whether expressed or implied, pertaining to any information (including software, products, or services) provided on any Company website, mobile site, application, or software, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Transactional Caution and Content Disclaimers

Prior to engaging in any transaction, it is advisable to conduct an independent verification. The data provided on the platform is solely for informational purposes. The Company does not warrant the authenticity, nature, or extent of responses, nor does it guarantee any response at all.

The views expressed by users are their own, and the Company does not endorse them. No assertion regarding the accuracy and correctness of the information on the Site is made. Should any inaccuracies or inappropriate content be identified on the Platform, please report it. If such content is found to be in violation of the Agreement, the Company reserves the right, without notice, to terminate or restrict Your access to the Site or remove any content uploaded by you, should it believe, based on its judgement and perception, that you have violated or acted inconsistently with the letter or spirit of the Agreement.

The making personal or business decisions regarding purchases or plans, it is recommended to inspect an actual demonstration model of any product or service under consideration. All decisions made are solely at Your discretion, and the Company does not purport to offer legal or financial advice, nor does it provide any guarantees or warranties.

13. Privacy

The Platform operates as an intermediary in accordance with the definition provided under sub-clause (w) of Section 2 of the Information Technology Act, 2000 of India. Users are advised to utilise the privacy settings available on the Platform to safeguard their personal information. The Privacy Policy of the Platform delineates the permissible uses of users' personal data. The Company pledges to consistently uphold and adhere to the provisions outlined in the Privacy Policy.

Additionally, users are provided with various settings enabling them to control the visibility of their information displayed on their Profile and the method of contact. Any feedback provided by a user shall be deemed non-confidential. When You share, upload, or store information, others may be able to view, copy, or download such information.

14. Payment Terms

Payments for Platform services are required to be made in full in advance. Once a service is subscribed to, payments are non-refundable and shall be deemed appropriated. Any refunds, if issued, are at the sole discretion of the Company. The Company does not guarantee the accuracy or timeliness of refunds reaching the user's card or bank accounts, given the complexity of online transaction processing, internet infrastructure issues, and financial institution working days/holidays.

Users acknowledge that the Company reserves the right, at its sole discretion, to offset any amounts paid or payable by the user against any outstanding amounts owed by the user to the Company under any other agreement or commercial relationship. The Company does not guarantee server uptime or proper application functioning. Services are provided on a best-effort basis, with liability limited to refunding the amount paid. The Company assumes no liability for free services.

For online transactions, users are directed to a Payment Gateway. The Company does not store credit card data, ensuring maximum security. Once a credit card transaction is completed on the Payment Gateway, payment information is inaccessible to anyone at the Company. The Company shall not be held liable for any loss or damage arising from the inadvertent or intentional disclosure of user account information, online transaction details, or verification processes. This disclaimer applies regardless of whether the disclosure is pursuant to a legal process or otherwise, and regardless of any errors, omissions, or inaccuracies in the disclosed information.

15. Intellectual Property Rights

EyesBreaker (™) and its logos are trademarks (whether registered or not) of (COMPANY NAME). Unauthorised use of these trademarks without prior written consent is prohibited. The authorship works, original content, trademarks, logos, and service marks (hereinafter collectively referred to as "Marks") featured on EyesBreaker are either our property or the property of third parties. Without our prior written consent or the consent of the respective third-party owners, You are not authorised to use these Marks.

All title and intellectual property rights pertaining to the Platform, as well as any permissible copies made thereof, are owned by the Company and are protected by applicable laws. You are granted a limited licence, to use and access the Platform provided You consistently adhere to this Agreement. No rights beyond limited permission to utilise the Platform under the terms explicitly outlined in this Agreement are granted to you. The organisation, sequence, structure, and source code of the Platform constitute valuable trade secrets of the Company.

You own Your logo, brand name, trademarks, and other intellectual property (“Customer IP”). You grant us, and our affiliates, the right to use Your Customer IP for the purposes of providing, administering, and ensuring the proper operation of the services, the Platform, and related systems, and to perform our rights and obligations under these Agreement.

16. Information and Material Provided

By choosing to access the Site and use the services, You acknowledge and consent that any information or material provided to the Company shall not be deemed confidential or proprietary to you. By submitting any information or material, You grant the Company a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferable, and sublicensable right and licence to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from, and distribute that material or information in all formats or media, whether currently known or hereafter developed. You further agree that the Company may utilise any ideas, concepts, know-how, or techniques You provide for any purpose. Additionally, You agree to indemnify, defend, and hold the Company harmless from any liability arising from the use or distribution of such material or information.

17. Local Laws

The Company operates the Platform from Ahmedabad, Gujarat, India. We make no representations regarding the appropriateness or availability of our Services in any particular location. Accessing our Services from regions where their content is illegal is prohibited. You are solely responsible for ensuring compliance with local laws when accessing or using our Services from any location.

18. Indemnification and Tax Liability

By accepting this Agreement, You agree to indemnify, defend, and hold harmless Hyperlink Infosystem and its affiliates, officers, directors, employees, subsidiaries, and agents from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorney fees) arising out of or in connection with Your use of our Services and the Platform, including but not limited to information You provide or any other matter related to the Platform.

Any additional tax liability due to rate increases or changes brought about by the new tax regime, will be collected in addition to the agreed contract price or service fee.

19. Limitation of Liability

You expressly acknowledge and agree that the Company shall not be liable for any indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if the Company has been advised of the possibility of such damages. The Company makes no guarantees regarding server uptime or the proper functioning of applications.

Under no circumstances will the Company’s aggregate liability to You exceed the total licensing fees paid by You to the Company. These limitations and exclusions apply regardless of any failure of the essential purpose of any limited remedy.

Please note that some jurisdictions do not allow the limitation of damages and/or exclusions of liability for incidental or consequential damages. Therefore, some of these limitations may not be applicable to you.

20. Termination/Suspension

We reserve the right to terminate or suspend Your access to the Platform (or any part thereof) immediately, without prior notice or liability, for any reason, including but not limited to a breach of this Agreement. Upon such termination or suspension, Your right to use our Services will cease immediately. All provisions of this Agreement that by their nature should survive termination shall continue to do so.

21. Dispute Resolution

In the event of any dispute arising between a user or users and the Company concerning the use of the Platform or thereafter, or regarding the validity, interpretation, implementation, or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole arbitrator. The arbitrator must be an independent and neutral third party identified by the Company. The decision rendered by the arbitrator shall be final and binding on both parties involved in the dispute. The place of arbitration shall be Ahmedabad, Gujarat, India, and the proceedings shall be governed by the Arbitration and Conciliation Act, 1996, as amended.

The Company shall not be a party to any legal proceedings between a user (e.g., a subscriber) and a party contacted through the Site. If the Company is made a party to any legal proceedings, the costs will be recovered from the party responsible for involving the Company in the matter, over which it otherwise has no control. Company however will abide with any court order served on it through due process.

22. Governing Law

The Agreement shall be governed by the laws of the Republic of India. Any disputes arising relating to the Agreement shall be exclusively resolved in a court of law located in Ahmedabad, Gujarat, India.

23. Entire Agreement

This Agreement constitutes the entire agreement between Company and You regarding the subject matter herein and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

No Agreement, as amended from time to time, constitutes the Entire Agreement between You and the Company regarding the Platform.

No advertisements, catalogues, or other publications or statements, whether written or oral, regarding the performance of the Platform, permitted under the Agreement, shall be considered as part of the Agreement.

24. Severability

In the event that any provision of the Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified and interpreted to best achieve the objectives of the original provision to the fullest extent permitted by law. The remaining provisions of the Agreement shall continue to be fully valid and enforceable. Invalid provisions shall have no effect on the validity of the other parts of the Agreement.

25. Transferability of Rights and Duties

You may not assign, transfer, or delegate any of Your rights or the limited license granted to You under this Agreement without the prior written consent of the Company. Any attempted assignment, transfer, or delegation in violation of this provision shall be null and void. If such an attempt comes to our attention, we reserve the right, in addition to any other remedies available under the law, to claim damages and seek an injunction against you.

26. Warranty Disclaimer

The service is provided “as is,” without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. without limiting the foregoing, we make no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from Your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

27. Statement of compliance with information technology (intermediary guidelines) Rules 2021

The use and access of the Platform or any tool/application/software shall be governed by the Agreement and the Privacy Policy.

The use or access of the Platform in violation of the terms outlined above or non-compliance with the Agreement and Privacy Policy regulating this Platform may result in immediate termination of access or usage rights, and removal of any content that is non-compliant with the Agreement.

The Company has appointed a Grievance Officer to address and resolve any complaints regarding content on the Platform.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [INSERT LINK TO PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Grievance Officer

In case you have any complaints and/or grievances in relation to the processing of your Personal Information you can send your complaints via email to our grievance officer:

Grievance Officer

Company’s Name

Email: