Terms of Service for the CollectivWork platform.

These Terms of Service (“Terms”) govern access to and use of the CollectivWork platform — the AI-powered HR-Tech ERP and Human Resource Management Software (HRMS) operated by Tech Superior Consulting (“CollectivWork”, “we”, “us”) — including its web application, mobile apps, APIs, integrations, websites and related support services (together, the “Service”).

By creating an account, signing an order form or using the Service, the organisation you represent (the “Customer”) agrees to these Terms. If you accept on behalf of an organisation, you confirm that you have authority to bind it.

Where a signed master agreement exists between CollectivWork and a customer, that agreement takes precedence. The order form, then the master agreement or these Terms, then the Data Processing Agreement apply in that order where they conflict, except that the Data Processing Agreement prevails on matters of personal data protection.

• Customer Data: all data, including personal data of employees, candidates and contractors, that the Customer or its users submit to the Service.
• Users: the Customer’s employees, contractors, candidates and other individuals the Customer authorises to access the Service.
• Order form: the document or online checkout that sets out the modules, number of users, subscription term and fees.
• Data Processing Agreement (DPA): the agreement setting out how CollectivWork processes personal data on the Customer’s behalf, as required by the GDPR and the DPDP Act.

The Customer appoints one or more administrators who configure the Service, invite users and assign roles and permissions. The Customer is responsible for all activity under its accounts and must:

• Keep sign-in credentials confidential and use available security features such as multi-factor authentication and single sign-on.
• Grant access on a least-privilege basis and remove access promptly when a user leaves.
• Tell us without delay if it suspects unauthorised access to its account.

The Service is provided on a subscription basis for the modules, users and term set out in the order form. Unless the order form says otherwise:

• Fees are invoiced in advance and payable within the period stated on the invoice.
• Fees exclude taxes such as GST, which are charged as applicable.
• Subscriptions renew for the same term unless either party gives notice before renewal.
• Adding users or modules during a term is billed pro rata.
• We may suspend the Service, after written notice, if undisputed fees remain unpaid.

Free trials and demo accounts are provided as-is, for evaluation only, and may be ended at any time.

Customers are responsible for the accuracy of data they upload, for configuring permissions appropriately, and for ensuring their use of the platform complies with applicable employment and data protection law. In particular, as the controller (Data Fiduciary) of its employee and candidate data, the Customer is responsible for:

• Having a lawful basis, and giving the notices and obtaining the consents required, for the personal data it processes in the Service — including location tracking and biometric attendance.
• Configuring payroll, statutory, tax and leave rules correctly, and reviewing outputs such as payslips and filings before relying on them.
• Responding to requests from its employees and candidates to exercise their data protection rights, with our support where needed.
• Setting retention periods that meet its legal obligations.

The Customer and its users must not:

• Use the Service for unlawful, discriminatory, harassing or fraudulent purposes, or to process data without a lawful basis.
• Upload malware, or attempt to probe, scan, disrupt or gain unauthorised access to the Service or other customers’ data.
• Reverse engineer, copy, resell or sublicense the Service, or use it to build a competing product.
• Exceed usage limits or circumvent technical restrictions, or overload the Service with automated requests outside our published APIs.

We may suspend access that we reasonably believe threatens the security or integrity of the Service, and will tell the Customer as soon as practicable.

The Customer retains all rights in Customer Data. CollectivWork acts as a processor (Data Processor) and processes Customer Data only to provide, secure and support the Service, on the Customer’s documented instructions and in accordance with the Data Processing Agreement, the GDPR, India’s Digital Personal Data Protection Act, 2023 and other applicable law.

• We do not sell Customer Data or use it for advertising.
• We do not use one customer’s data to train AI models for other customers.
• We use sub-processors bound by written confidentiality and security obligations, and give notice before adding a new one.
• We notify the Customer without undue delay of a personal data breach affecting its data, and help it meet its own notification obligations.
• Aggregated, de-identified usage information that does not identify the Customer or any individual may be used to operate and improve the Service.

How we handle personal data for our own purposes is described in our Privacy Policy.

We maintain appropriate technical and organisational measures to protect the Service and Customer Data, under an Information Security Management System certified to ISO/IEC 27001 and a Quality Management System certified to ISO 9001:2015. These include encryption in transit and at rest, role-based access controls, audit logs, secure development practices, monitoring, backups and disaster-recovery planning. Further detail is available on our Security page and, for customers, on request.

The Service includes AI features such as resume screening and matching, AI phone screening, assessments, document reading and insights. AI outputs are recommendations, shown with their reasoning, and may be incomplete or inaccurate. The Customer remains responsible for decisions about hiring, pay, performance and employment, which must involve human review, and for using AI features in line with applicable law.

Service levels, support response times and maintenance windows are defined in the applicable order form or service level agreement. We aim to schedule planned maintenance outside business hours and to give advance notice of maintenance that may affect availability.

Support is provided through the channels set out in the order form. We may update and improve the Service over time, provided that we do not materially reduce the core functionality of a subscribed module during the subscription term.

The Service can connect to third-party products such as job boards, calendars, banks, accounting and biometric devices. Where the Customer enables an integration, it authorises us to exchange the relevant data with that provider. Third-party services are governed by their own terms, and we are not responsible for their availability or for how they handle data.

CollectivWork retains all rights in the platform. Customers retain all rights in the data they submit to it. Subject to these Terms and payment of fees, we grant the Customer a non-exclusive, non-transferable right for its users to use the Service during the subscription term for its internal business purposes.

If the Customer or its users give us feedback or suggestions, we may use them to improve the Service without obligation.

Each party will protect the other’s confidential information with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and advisers who need to know it and are bound by confidentiality obligations — or where required by law, after giving notice where permitted.

We warrant that the Service will perform materially as described in its documentation and that we will provide it with reasonable skill and care. Except as expressly stated in these Terms or the order form, the Service is provided “as is”, and we disclaim all other warranties to the extent permitted by law. The Service supports — but does not replace — the Customer’s own legal, tax, payroll and HR advice.

To the extent permitted by law, neither party is liable for indirect, incidental, special or consequential losses, or loss of profits, revenue or goodwill. Each party’s total liability arising out of these Terms is limited as set out in the order form or master agreement or, if none is stated, to the fees paid by the Customer for the Service in the twelve months before the event giving rise to the claim. These limits do not apply to liability that cannot be limited by law, a party’s payment obligations, or breach of confidentiality.

We will defend the Customer against third-party claims that the Service infringes their intellectual property rights, and pay resulting damages finally awarded. The Customer will defend us against third-party claims arising from Customer Data or its use of the Service in breach of these Terms or applicable law.

These Terms apply for as long as the Customer uses the Service. Either party may terminate for material breach that is not remedied within thirty days of written notice, or as otherwise set out in the order form.

When a subscription ends, the Customer can export its Customer Data for the period set out in the agreement. We then delete or anonymise Customer Data, except where retention is required by law, with backups deleted on their normal rotation. Sections that by their nature should survive termination — such as confidentiality, liability and payment of accrued fees — survive.

Unless the order form or master agreement says otherwise, these Terms are governed by the laws of India. The parties will first try to resolve any dispute in good faith through their senior representatives; failing that, the dispute will be resolved by the courts or arbitration specified in the order form or master agreement.

• Assignment: neither party may assign these Terms without the other’s consent, except to a successor in a merger, acquisition or sale of substantially all of its assets.
• Force majeure: neither party is liable for delays caused by events beyond its reasonable control.
• Notices: legal notices must be in writing and sent to the addresses in the order form, or for CollectivWork to the contact below.
• Entire agreement: these Terms, the order form and the Data Processing Agreement form the entire agreement on their subject matter.

We may update these Terms to reflect changes to the Service or the law. The “Last updated” date at the top shows when they were last revised. We will give customers advance notice of material changes, which apply from the next renewal unless the Customer agrees otherwise.

For contract questions, contact legal@collectivwork.com. For privacy and data protection requests, see our Privacy Policy.