1. Scope, acceptance and contract structure
1.1 These Terms of Use (Terms) govern access to and use of EmplifyAI, related mobile applications, APIs, documentation and support services (collectively, the Services) supplied by Skyrocket Ventures LLP, with its principal office in Hyderabad, Telangana, India (Provider, we, us or our).
1.2 By clicking to accept, registering an account, signing or accepting an Order Form that refers to these Terms, or accessing or using the Services, the person accepting confirms that they have authority to bind the Customer and agrees that the Customer is bound by the Agreement. If that authority is absent, the person must not accept or use the Services.
1.3 The Agreement consists of the applicable Order Form, these Terms, the Data Processing Addendum (DPA), the Service Level Agreement (SLA), the Acceptable Use Policy (AUP), and any product-specific terms expressly incorporated by reference. If there is a conflict, the order of precedence is: Order Form; product-specific terms; DPA for personal-data matters; SLA for service levels; these Terms; and AUP.
1.4 These Terms are intended for business customers, not consumers. They do not create an employment relationship between Provider and any Authorised User and do not govern the Customer's employment relationship with its workers.
1.5 Skyrocket Ventures LLP is the provider of the EmplifyAI subscription service and owns the intellectual-property rights in the EmplifyAI product. Skyrocket Consultancy is the designated implementation partner and may provide onboarding, configuration, migration, training and related professional services. Unless an Order Form expressly states otherwise, Implementation Services are governed by the applicable statement of work and do not transfer any EmplifyAI intellectual property. The Implementation Partner has no authority to bind Provider except where Provider expressly authorises it in writing.
2. Definitions
2.1 Authorised User means an employee, worker, contractor, consultant, candidate, former employee, administrator or other individual whom Customer authorises to use the Services under its account. Customer Data means data, records, files, documents and content submitted to or generated for Customer through the Services, excluding Account Data and Usage Data.
2.2 Account Data means business contact, billing, authentication, support and contracting information used to administer the commercial relationship. Documentation means Provider's then-current user guidance for the Services. Order Form means an ordering document or online checkout accepted by the parties that identifies the Services, subscription metrics, Fees and Subscription Term.
2.3 Personal Data, Data Fiduciary, Data Processor and Data Principal have the meanings given under applicable data-protection law. Usage Data means technical, diagnostic and statistical information about operation and use of the Services that does not include Customer Data in identifiable form.
2.4 Billable Headcount means the employee, worker or other personnel records counted for subscription-tier purposes under the Order Form and the pricing rules published on the EmplifyAI website. Implementation Partner means Skyrocket Consultancy. Implementation Services means onboarding, configuration, data migration, integration setup, training or other professional services identified in an Order Form or statement of work.
3. Eligibility, administrators and accounts
3.1 An individual accepting these Terms must be at least eighteen years old, competent to contract, and authorised by Customer. Customer will provide accurate account information and keep it current.
3.2 Customer will designate competent administrators to configure the Services, grant and revoke access, set permissions, maintain segregation of duties, and recover administrator control. Actions taken by an administrator within assigned authority are deemed Customer's actions.
3.3 Each credential is personal to one Authorised User. Customer and Authorised Users must protect credentials, use appropriate multi-factor authentication where available, and promptly notify Provider through the security-incident channel stated in the DPA or Documentation of suspected loss, misuse or unauthorised access. Customer remains responsible for activity under its account to the extent caused by its failure to meet these obligations.
4. Subscription and right to use
4.1 Subject to the Agreement and payment of Fees, Provider grants Customer a limited, non-exclusive, non-transferable and non-sublicensable right during the Subscription Term to allow Authorised Users to access and use the subscribed Services for Customer's internal business purposes within the usage limits stated in the Order Form.
4.2 Customer may download and use reports and outputs generated from Customer Data for its internal business, statutory and employment-administration purposes. No source code, ownership interest or right to use the Services for a service bureau, outsourcing business or competing product is granted.
4.3 Provider may release generally available updates, fixes and improvements. Provider will not materially reduce the overall core functionality of a paid Service during a current Subscription Term, except where reasonably required for security, legal compliance or to prevent harm, and will give reasonable notice where practicable.
5. Customer responsibilities
5.1 Customer is responsible for its configuration choices, user permissions, instructions, Customer Data, employment policies, payroll inputs, approvals and decisions made using the Services. Customer will use the Services and Customer Data in compliance with applicable employment, tax, social-security, data-protection, intellectual-property and other laws.
5.2 Customer will provide all notices and obtain all permissions, consents or other lawful bases required for Provider and its subprocessors to process employee, candidate and other Personal Data on Customer's documented instructions. Customer will not direct Provider to process data that Customer is not legally entitled to process.
5.3 Customer will maintain reasonable endpoint, network, identity and access controls and will cooperate with Provider in investigating security incidents, support cases and suspected misuse.
6. Acceptable use
6.1 Customer and Authorised Users must not, and must not enable any third party to:
(a) use the Services unlawfully, fraudulently, to harass or discriminate, or to infringe privacy, confidentiality, intellectual-property or other rights;
(b) upload malicious code, conduct phishing, interfere with availability or integrity, bypass security or usage controls, or access another customer's data;
(c) reverse engineer, decompile, disassemble, copy or create derivative works of the Services except to the limited extent a prohibition is not permitted by law;
(d) resell, lease, sublicense, time-share or provide the Services as a bureau or outsourced service without Provider's written approval;
(e) scrape, crawl, probe, penetration-test, vulnerability-test or benchmark the Services without Provider's prior written authorisation, except through published APIs and agreed testing rules; or
(f) use the Services or outputs to build or train a competing product, or remove proprietary notices.
6.2 Provider may investigate suspected violations and may remove unlawful content or restrict affected access in accordance with the suspension clause. The AUP may contain operational details consistent with this section.
7. Customer Data
7.1 As between the parties, Customer retains all right, title and interest in Customer Data. Provider receives no ownership right in Customer Data.
7.2 Customer grants Provider and its approved subprocessors a non-exclusive, worldwide, royalty-free licence during the Agreement, and for any limited retention period permitted by it, to host, copy, transmit, display, back up and otherwise process Customer Data only to provide, secure, support and improve the subscribed Services, comply with Customer's documented instructions, and meet applicable legal obligations.
7.3 Customer is responsible for the accuracy, quality, legality and integrity of Customer Data. Provider will not sell Customer Data, use it to advertise third-party products to Authorised Users, or use it to train a general-purpose or cross-customer artificial-intelligence model unless Customer has expressly opted in through a separate written agreement.
7.4 Provider may create and use Usage Data and data that has been irreversibly aggregated or de-identified so that neither Customer nor a person is reasonably identifiable. Provider will not attempt to re-identify it and will not disclose it in a form that identifies Customer without Customer's written consent.
8. Data protection and security
8.1 For Personal Data contained in Customer Data, Customer acts as the Data Fiduciary or controller and Provider acts as its Data Processor or processor, unless the DPA states otherwise for a specific processing activity. The then-current DPA published in the legal or policies section of the EmplifyAI website is incorporated into the Agreement.
8.2 Each party will comply with data-protection laws applicable to its role, including the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025, in each case to the extent in force and applicable, and any successor or replacement law.
8.3 Provider will maintain reasonable and appropriate technical and organisational safeguards described in the DPA or security documentation, including access control, encryption where appropriate, logging, vulnerability management, backups, incident response and personnel confidentiality.
8.4 Provider will notify Customer of a confirmed Personal Data breach affecting Customer Data without undue delay after becoming aware and will provide information and cooperation reasonably required for Customer to meet its legal duties. Notification is not an admission of fault. Timelines, contacts and cost allocation will be detailed in the DPA.
8.5 Provider may use subprocessors in accordance with the DPA. Provider remains responsible for their performance of Provider's data-processing obligations and will publish a current subprocessor list in the legal or policies section of the EmplifyAI website.
9. Biometric, facial-recognition and location features
9.1 Customer may enable biometric, facial-recognition, device-location, geofencing or similar high-impact features only where permitted by law and necessary for a documented HR purpose. Customer must give clear notices, obtain legally required consent or other authority, apply appropriate retention and access controls, and provide a reasonable alternative where required by law or policy.
9.2 Provider will process such data only on Customer's documented instructions for the enabled feature, will not use it for advertising or general model training, and will describe feature-specific retention and deletion in the DPA or Documentation. Customer is responsible for the lawfulness and proportionality of deployment in the workplace.
10. AI-assisted features and employment decisions
10.1 AI-assisted features may generate recommendations, summaries, classifications, drafts or automated identity-document check results. An identity check may use an approved AI subprocessor to assess legibility and document type and compare limited extracted information with Customer Data. It does not authenticate a document with its issuer or establish genuineness, validity or identity.
10.2 AI outputs may be incomplete or inaccurate and are decision-support only, not legal, tax, accounting or employment advice. Customer will apply meaningful human review before rejecting an identity document or using an output for any decision materially affecting a person, and remains responsible for its decisions, notices, permissions and review processes.
10.3 Provider may disclose Customer Data to approved AI subprocessors only as reasonably necessary for an enabled feature. The Privacy Notice, DPA or subprocessor list will describe the data involved, provider, processing locations, retention, deletion and safeguards. Customer Data will not be used to train a general-purpose or cross-customer AI model except under the express written opt-in described in Section 7.3.
11. Confidentiality
11.1 Confidential Information means non-public business, technical, security, commercial and personnel information disclosed by one party to the other that is marked confidential or reasonably should be understood as confidential. Customer Data and the non-public terms of an Order Form are Confidential Information.
11.2 The receiving party will use Confidential Information only to perform or exercise rights under the Agreement, protect it with at least reasonable care, and disclose it only to personnel, professional advisers and contractors who need to know it and are bound by appropriate confidentiality duties.
11.3 Confidentiality duties do not apply to information that the receiving party can demonstrate was lawfully known without restriction, becomes public without breach, is lawfully received from a third party, or is independently developed without use of the Confidential Information.
11.4 A receiving party compelled by law to disclose Confidential Information may do so after giving prompt notice, where legally permitted, and reasonable assistance to seek protective treatment. Trade-secret obligations continue for so long as the information remains a trade secret; other confidentiality obligations continue for five years after disclosure.
12. Third-party services and integrations
12.1 Customer may choose to enable third-party applications, marketplaces, payment services, biometric devices or APIs. Their use is governed by separate third-party terms. Provider does not control and is not responsible for third-party services selected by Customer.
12.2 Customer authorises Provider to exchange Customer Data with an enabled third-party service as required for the integration. Provider is responsible for its own integration code but not for changes, acts, omissions, availability, security or data practices of the third-party service. Provider will use reasonable efforts to give notice before discontinuing a material integration where practicable.
12.3 Where an Order Form or statement of work designates Skyrocket Consultancy to provide Implementation Services, Customer authorises Provider to disclose to the Implementation Partner the Customer Data reasonably necessary for those services, subject to the applicable DPA or data-sharing terms. The Implementation Partner's deliverables, fees and liability are governed by the applicable statement of work; Skyrocket Ventures LLP remains responsible for its EmplifyAI subscription obligations under this Agreement.
13. Service levels, maintenance and support
13.1 Provider will provide support and service availability in accordance with the then-current SLA published in the legal or policies section of the EmplifyAI website or the applicable Order Form. Any uptime commitment must define measurement method, exclusions, scheduled maintenance, claim process and service-credit remedy.
13.2 Provider may perform scheduled maintenance with reasonable advance notice and emergency maintenance with notice as soon as practicable. Service credits stated in the SLA are Customer's sole monetary remedy for an SLA failure, but do not limit termination rights for a chronic material breach expressly stated in the SLA.
14. Fees and payments
14.1 The Services are offered under paid subscription plans based on the applicable Billable Headcount slab and the pricing published on the EmplifyAI website or agreed in an Order Form. Customer will maintain accurate Billable Headcount information. Any increase in published pricing will apply only after the current billing cycle and with at least thirty days' notice.
14.2 A new account receives a thirty-calendar-day trial. If Customer has selected a paid plan and does not cancel before the trial ends, Provider will issue a prorated invoice for the days remaining in that calendar month. Thereafter, Provider will issue an invoice on the first day of each month based on the applicable Billable Headcount slab.
14.3 All payments must be made through the payment gateway or gateways available in the Platform; direct payments to Provider's bank account are not accepted. Each invoice is payable within five calendar days, counting the invoice date as day one. If an undisputed invoice is not paid by the due date, the account will be suspended on the following day.
14.4 A suspended account will be reactivated after outstanding dues are paid through the payment gateway during the first fifteen calendar days of suspension. After that period, reactivation requires a request to support@emplifyai.com and payment of all outstanding dues. Suspension does not by itself cancel the subscription. Fees are non-refundable except where the Agreement states otherwise, and GST and other applicable taxes will be charged in addition to the subscription Fees.
15. Trials, free services and beta features
15.1 Unless the website, Order Form or checkout states otherwise, a new Customer receives one thirty-calendar-day trial beginning when its account is created. The trial is provided for evaluation, may have usage limits, and is provided as-is without an SLA or support commitment unless Provider states otherwise in writing.
15.2 If Customer accepts a paid plan and does not cancel before the trial ends, the account converts to a paid subscription and is invoiced in accordance with Section 14. If Customer cancels or does not convert, it should export trial data before the trial ends; any later availability and deletion of trial data will be governed by Section 23, the DPA and the Documentation.
15.3 Provider will not use Customer Data from trials, free services or beta features for materially different purposes from paid services unless Customer gives separate, informed agreement.
16. Intellectual property, feedback and publicity
16.1 Skyrocket Ventures LLP and its licensors own EmplifyAI, the Services, Documentation, designs, software, models, workflows, improvements and related intellectual-property rights, excluding Customer Data and Customer materials. No performance of Implementation Services by Skyrocket Consultancy transfers, assigns or reduces those rights. All rights not expressly granted are reserved.
16.2 Customer may provide feedback voluntarily. Customer grants Provider a perpetual, irrevocable, worldwide, royalty-free right to use feedback without restriction, provided Provider does not identify Customer or disclose Customer Confidential Information through that use.
16.3 Neither party may use the other's name, logo or marks in external publicity, customer lists, case studies or testimonials without prior written consent. Consent may be withdrawn for future use on reasonable written notice, subject to a reasonable removal period.
17. Warranties and disclaimers
17.1 Each party warrants that it has authority to enter the Agreement. Provider warrants that paid Services will materially conform to the Documentation and that professional services, if purchased, will be performed with reasonable skill and care.
17.2 If Customer reports a reproducible warranty breach during the Subscription Term, Provider will use commercially reasonable efforts to correct it. If Provider cannot correct a material breach within thirty days, Customer may terminate the affected Service and receive a pro-rata refund of prepaid unused Fees for it. This is Customer's exclusive remedy for breach of the performance warranty.
17.3 Except for express warranties, the Services are provided as-is and as-available to the maximum extent permitted by law. Neither party gives implied warranties of merchantability, fitness for a particular purpose or uninterrupted or error-free operation.
17.4 Payroll, tax, statutory, compliance and employment outputs depend on Customer Data, configuration and law. Customer must review outputs before filing, payment or action. Provider does not provide legal, tax, accounting or employment advice unless expressly engaged under a separate professional-services agreement.
18. Indemnification
18.1 Provider will defend Customer and its officers, directors and employees against a third-party claim that authorised use of the Services infringes an Indian patent, copyright or trademark, and will pay finally awarded damages and reasonable costs or amounts in a settlement approved by Provider. Provider may procure continued use, modify or replace the affected Service, or terminate it and refund prepaid unused Fees.
18.2 Provider has no obligation to the extent a claim arises from Customer Data, Customer instructions or modifications, combination with items not supplied or approved by Provider, continued use after notice of an infringement remedy, or use contrary to the Agreement or Documentation.
18.3 Customer will defend Provider and its officers, directors and employees against a third-party claim arising from Customer Data, Customer's failure to obtain required rights or employee notices/consents, Customer's unlawful employment decision, or Customer's or an Authorised User's material breach of the AUP, and will pay finally awarded damages and reasonable costs or approved settlements.
18.4 The indemnified party must promptly notify the indemnifying party, provide reasonable cooperation at the indemnifying party's cost, and allow control of defence and settlement. A settlement may not admit fault by or impose non-monetary obligations on the indemnified party without its written consent, not to be unreasonably withheld.
19. Limitation of liability
19.1 To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive or consequential loss, or for lost profits, revenue, goodwill or anticipated savings, arising from the Agreement, even if advised of the possibility. This exclusion does not exclude direct costs of restoring Customer Data where caused by Provider's breach.
19.2 Except for the higher cap and uncapped matters below, each party's aggregate liability arising from the Agreement will not exceed the Fees paid or payable for the affected Services during the twelve months immediately before the event giving rise to the first claim.
19.3 The aggregate liability for breach of confidentiality, breach of data-security obligations in the DPA, and indemnification obligations will not exceed two times that twelve-month amount. Liability is not limited for fraud, wilful misconduct, death or personal injury caused by negligence, Customer's payment obligations, infringement or misappropriation of the other party's intellectual property, or liability that cannot lawfully be limited.
19.4 The exclusions and caps apply in aggregate across all claims and legal theories and reflect the allocation of risk and Fees. The SLA's service-credit cap applies separately only to SLA credits.
20. Term, renewal and non-renewal
20.1 These Terms begin on first acceptance and continue while any Order Form is active. Each Order Form runs for its stated Subscription Term.
20.2 Unless the Order Form says otherwise, a paid subscription automatically renews for a term equal to the expiring term unless either party gives at least thirty days' written notice of non-renewal. Provider will send a renewal reminder and any price change notice at least thirty days before the non-renewal deadline.
20.3 Customer may reduce quantities or downgrade only at renewal unless Provider agrees otherwise. A downgrade may remove functionality or capacity; Provider will give Customer a reasonable opportunity to export affected data before the downgrade takes effect.
21. Suspension
21.1 Provider may suspend only the affected account, user or functionality where reasonably necessary for an overdue undisputed payment, material breach, security incident, unlawful use, legal requirement, or credible risk of material harm to the Services, Customer or another customer.
21.2 The invoice and due date described in Section 14 constitute notice and the cure opportunity for a payment-related suspension. For other suspensions, except in an urgent security or legal situation, Provider will give prior notice and a reasonable opportunity to cure. Provider will limit the scope and duration of suspension where commercially feasible, keep Customer informed, and restore access promptly after the cause is resolved. Suspension does not excuse accrued payment duties.
22. Termination
22.1 Either party may terminate an affected Order Form for material breach if the breach is not cured within thirty days after written notice. A breach incapable of cure, insolvency event, unlawful use or urgent threat may justify immediate termination to the extent permitted by law.
22.2 Customer may terminate an affected Order Form if Provider materially reduces core functionality contrary to the Agreement, makes a materially adverse mid-term change to the Agreement, or suffers a force-majeure event lasting more than thirty consecutive days. Provider will refund prepaid unused Fees for the terminated portion, except where termination results from Customer's breach.
22.3 On termination, Customer must stop using the terminated Services and pay accrued undisputed Fees. Clauses intended by their nature to survive will survive, including confidentiality, intellectual property, payment, indemnity, liability, data return/deletion and dispute provisions.
23. Data export and deletion
23.1 Customer may export Customer Data using available tools during the Subscription Term. On expiry, cancellation or termination, Customer may request an export through the cancellation process in the Platform or by emailing support@emplifyai.com. The request must be made no later than fourteen calendar days after the effective date of expiry, cancellation or termination.
23.2 Normal access to the Services ends on that effective date. Subject to payment of undisputed accrued Fees and applicable legal or security restrictions, Provider will make Customer Data available in a commonly used machine-readable format. Non-standard export or migration assistance may be subject to separately agreed Fees.
23.3 After the export-request period, Provider may delete Customer Data from active systems and subsequently from routine backups in accordance with the DPA, Documentation and its retention schedules, except where applicable law requires longer retention. Customer Data is not recoverable after deletion.
24. Changes to these Terms
24.1 Provider may update these Terms for legal, security, operational or product reasons. Non-material changes may take effect on posting. Material changes will be notified at least thirty days in advance and will ordinarily take effect at the next renewal or new Order Form.
24.2 If a material change must take effect during a current term and substantially reduces Customer's rights, Customer may object within thirty days of notice and terminate the affected Service before the change takes effect, receiving a pro-rata refund of prepaid unused Fees. Continued use after the effective date constitutes acceptance where legally permitted.
25. Compliance, anti-corruption and export controls
25.1 Each party will comply with laws applicable to its performance. Neither party will offer or accept a bribe, kickback or improper payment connected with the Agreement and each will maintain accurate records reasonably sufficient to demonstrate compliance.
25.2 Customer will not use or export the Services in violation of applicable export-control or sanctions law. Provider may restrict access where required by law after giving notice where lawful.
26. Force majeure
26.1 Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations, if the affected party promptly notifies the other, mitigates the impact and resumes performance when possible. If the event materially prevents a Service for more than thirty consecutive days, the unaffected party may terminate the affected Order Form; prepaid unused Fees will be refunded where Provider is the affected party.
27. Notices
27.1 Operational notices may be sent through the Services or to account contacts. Legal notices must be in writing and delivered by registered post, recognised courier or email with delivery confirmation to the addresses in the Order Form. Notices to Provider must also be copied to connect@skyrocketventures.in. A party must keep its notice details current.
27.2 Questions specifically about these Terms or the user agreement may be sent to connect@skyrocketventures.in. This address is not a product-support or security-incident channel; the applicable support and security contacts will be stated in the Documentation, SLA or DPA.
28. Governing law and dispute resolution
28.1 The Agreement is governed by the laws of India, without regard to conflict-of-law rules.
28.2 Before commencing formal proceedings, a party will give written dispute notice and authorised representatives will attempt in good faith to resolve the dispute for thirty days.
28.3 An unresolved dispute will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator mutually appointed by the parties. If they do not agree within fifteen days of an arbitration request, the arbitrator will be appointed in accordance with that Act. The seat and venue will be Hyderabad, Telangana, India; the language will be English; and the award will be reasoned, final and binding.
28.4 Courts at Hyderabad, Telangana will have exclusive jurisdiction over applications for interim relief, enforcement and other matters that cannot be referred to arbitration. Nothing prevents either party from seeking urgent injunctive relief to protect Confidential Information, Personal Data or intellectual property.
29. General
29.1 The parties are independent contractors. The Agreement does not create a partnership, agency, fiduciary, franchise, joint venture or employment relationship.
29.2 Neither party may assign the Agreement without the other's prior written consent, not to be unreasonably withheld, except to an affiliate or successor in a merger, reorganisation or sale of substantially all relevant assets, provided the assignee assumes the obligations and is not a direct competitor of the non-assigning party where that restriction is reasonable and lawful.
29.3 The Agreement is the entire agreement on its subject and supersedes prior discussions and purchase-order terms. A waiver must be written and is not a continuing waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder continues.
29.4 No person other than a party and its permitted successors has a right to enforce the Agreement. Headings are for convenience. Electronic acceptance and signatures are valid. Counterparts together form one instrument.