Terms and Conditions

1. Definitions

In these Terms, unless the context requires otherwise:

1. “Account” means a registered user account on the Platform, whether free or paid.
2. “Affiliate” means, with respect to any person, any other person that directly or indirectly controls, is controlled by, or is under common control with such person, where “control” means the ownership of more than 50% of the voting securities or the power to direct the management of such person.
3. “AI Outputs” means any content, text, design, code, suggestion, recommendation, score, ranking, or other material generated, produced, or surfaced by the AI tools made available through the Services, including but not limited to resumes, cover letters, profile rewrites, mock interview feedback, and Interview Intelligence suggestions.
4. “Applicable Law” means any statute, regulation, ordinance, rule, order, judgment, decree, treaty, or other binding legal requirement of any governmental authority having jurisdiction over the relevant party, including but not limited to the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Digital Personal Data Protection Act, 2023, the Consumer Protection Act, 2019, the Indian Contract Act, 1872, the Telegraph Act, 1885, the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR-2018), the General Data Protection Regulation (EU) 2016/679, the UK GDPR, the UAE Federal Decree-Law No. 45 of 2021 on Personal Data Protection, and the Singapore Personal Data Protection Act 2012.
5. “Company,” “we,” “us,” or “our” means DAVID PROTOCOL AND DEFI PRIVATE LIMITED, a private limited company incorporated under the laws of India, having its registered office at 36, Border Station Road, Kodambakkam, Chennai, Tamil Nadu 600024, India.
6. “Insider Referral Network” means the network of employees, contractors, and partner organisations that the Company makes available to certain Users to facilitate introductions to hiring managers and recruiters.
7. “Job Search Plan” means the INR 5,999 monthly subscription tier offered on the Platform.
8. “Co-Pilot Plan” means the INR 24,999 one-time lifetime subscription tier offered on the Platform.
9. “Elite Plan” means the INR 59,999 twelve-month subscription tier offered on the Platform.
10. “Plan” means, individually or collectively, the Job Search Plan, the Co-Pilot Plan, the Elite Plan, or any other paid or free tier introduced by the Company from time to time.
11. “Platform” means the website at firstdayai.in, the candidate dashboard, the mobile and desktop applications, the APIs, the AI tools, and all related software, interfaces, and documentation operated by the Company.
12. “Privacy Policy” means the Company’s privacy policy published on the Platform, as updated from time to time.
13. “Refund Policy” means the Company’s refund policy published on the Platform, as updated from time to time.
14. “Services” means the products, tools, services, content, and features made available by the Company on or through the Platform, including but not limited to the AI Resume Builder, the Mock Interview tool, the Interview Intelligence copilot, the Targeted Application Engine, the Profile Optimisation service, and the Insider Referral Network.
15. “Subscription Period” means the period for which a User has paid for access to a paid Plan, beginning on the date of the relevant purchase and ending on the date of expiration or termination of that Plan.
16. “Targeted Application Engine” means the automated system operated by the Company that tailors and submits job applications on behalf of Users through third-party job portals.
17. “User,” “you,” or “your” means the individual who accesses or uses the Platform, registers an Account, or subscribes to a Plan, and where the context requires, includes any organisation on whose behalf such individual is acting.
18. “User Content” means any text, image, document, file, information, data, or other material uploaded, submitted, or transmitted by a User to or through the Platform, including but not limited to resumes, cover letters, portfolio items, profile data, intake responses, and communications.

2. Acceptance, Modification, and Agreement to be Bound

1. These Terms and Conditions, together with the Privacy Policy, the Refund Policy, and any additional policies or guidelines referenced herein or published on the Platform, constitute a binding legal agreement between you and the Company.
2. By accessing or using the Platform, by creating an Account, or by subscribing to any Plan, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must not access or use the Platform.
3. The Company reserves the right to modify, amend, or update these Terms at any time, in its sole discretion. Material changes will be communicated by email to the email address associated with your Account and/or by an in-product notice at least 7 calendar days before the changes take effect. Continued use of the Platform after the effective date of the modified Terms constitutes your acceptance of the modified Terms.
4. You are responsible for reviewing these Terms periodically. The “Last updated” date at the top of these Terms indicates when the Terms were last revised.

3. Eligibility

1. To use the Platform, you must:

1. Be at least 18 years of age;
2. Be legally competent to enter into a binding contract under the Indian Contract Act, 1872, and the laws of your jurisdiction of residence;
3. Not be a person who is barred, restricted, or otherwise legally prohibited from using the Platform under Applicable Law;
4. Not have been previously suspended, terminated, or banned from the Platform by the Company; and
5. Provide accurate, current, and complete information during registration and at all times thereafter.

2. The Platform is intended for individual candidates seeking employment. If you are accessing or using the Platform on behalf of an organisation (including as an employer, recruiter, or staffing agency), you represent and warrant that you have the authority to bind that organisation to these Terms, in which case “you” in these Terms refers to that organisation.
3. The Company does not make the Platform available to users in jurisdictions where the provision of the Platform is prohibited by law or where the Company has elected not to offer its Services. The Company may, at its sole discretion, restrict access from certain geographic regions.

4. Account Registration, Security, and Authentication

1. To access most features of the Platform, you must register for an Account. You may register using an email address and password, or via a third-party sign-in provider authorised by the Company from time to time.
2. You agree to provide accurate, current, and complete information during registration and to keep your Account information updated at all times. The Company may, at any time, require verification of your identity, contact details, qualifications, work history, or other information you provide.
3. You are solely responsible for maintaining the confidentiality of your Account credentials, including your password, OTP codes, and any second-factor authentication devices. You agree not to share your credentials with any other person and to take all reasonable measures to prevent unauthorised access to your Account.
4. You agree to immediately notify the Company at hello@firstdayai.in of any actual or suspected unauthorised access to, or use of, your Account, and of any other breach of security.
5. The Company will not be liable for any loss or damage arising from your failure to protect your Account credentials. You are responsible for all activities that occur under your Account, whether or not you authorised them, including all applications submitted, all messages sent, and all purchases made.
6. The Company may, at any time and in its sole discretion, require you to enable multi-factor authentication (MFA), update your password, or take other security measures as a condition of continued access to the Platform.
7. The Company reserves the right to suspend, restrict, or terminate any Account that contains information that is false, misleading, fraudulent, or outdated, or that has not been used for a period of 12 consecutive months.

5. Plans, Pricing, and Subscription Tiers

1. The Company offers the following subscription tiers on the Platform, with the prices and inclusions as displayed on the relevant pricing page at the time of purchase:

1. JOB SEARCH PLAN — INR 5,999 per month. Inclusions: 5 optimised ATS resumes; Naukri + Indeed profile optimisation; monthly profile maintenance; 1 month of Co-Pilot access.
2. CO-PILOT PLAN — INR 24,999 one-time payment for lifetime access (lifetime of the product). Inclusions: lifetime AI Interview Intelligence access; 1 optimised ATS resume; LinkedIn + Naukri profile optimisation.
3. ELITE PLAN — INR 59,999 per 12 months. Inclusions: everything in Job Search Plan; everything in Co-Pilot Plan; unlimited Interview Intelligence access; up to 5,000 targeted applications per month through the Targeted Application Engine; Insider Referral Network access; full 45-day placement assurance.

2. Prices are listed in Indian Rupees (INR) and are inclusive of applicable Indian Goods and Services Tax (GST) unless otherwise stated. The Company may, at its sole discretion, change the prices, inclusions, and terms of any Plan for new purchases at any time. Existing Subscriptions will be honoured at the price paid at the time of purchase for the duration of the then-current Subscription Period, unless the User expressly agrees to a price change in writing.
3. The Company may, from time to time, offer promotional pricing, discount codes, partner offers, employee discounts, or bundled packages on terms that differ from the standard Plan terms. Promotional purchases may be subject to additional terms and may be non-refundable as set out in the Refund Policy.

6. Auto-Renewal, Billing, and Payment Terms

1. By purchasing a Plan with a recurring billing cycle (the Job Search Plan and the Elite Plan), you expressly authorise the Company, or its designated payment processor, to charge your chosen payment method for the applicable subscription fee, plus any applicable taxes, on a recurring basis, without requiring you to re-authorise each charge, until you cancel the subscription in accordance with Section 6.5.
2. The Co-Pilot Plan is sold as a one-time payment. No recurring charges apply to the Co-Pilot Plan.
3. Billing cycles are as follows:

1. Job Search Plan: monthly, charged in advance on the same calendar date each month (or, where the date does not exist in a given month, on the last day of that month).
2. Elite Plan: every 12 months, charged in advance on the anniversary of the original purchase date.

4. The Company may, at any time, change the billing cycle or timing of recurring charges by providing you with reasonable prior notice (not less than 30 days).
5. To cancel a recurring subscription, you must send a cancellation request to hello@firstdayai.in from the email address associated with your Account. Cancellation requests submitted through any other channel will not be processed. Cancellation will take effect as set out in the Refund Policy.
6. Late or failed payments may result in:

1. Immediate suspension of access to paid features;
2. The Company re-attempting the charge using the same payment method, a backup payment method on file, or a different payment method;
3. The Company engaging a collections agency or legal counsel to recover the outstanding amount, in which case you will be liable for all reasonable costs of recovery, including legal fees; and
4. Termination of your Account, in the Company’s sole discretion.

7. You are responsible for keeping your payment information current, including card number, expiry date, billing address, and UPI ID. The Company is not responsible for failed charges resulting from outdated payment information.
8. All fees are non-refundable except as expressly stated in the Refund Policy.

7. Free Trials, Discounts, Promotional Codes, and Partner Offers

1. The Company may, from time to time, offer free trials, introductory pricing, discount codes, vouchers, partner offers, employee benefits, or referral bonuses on terms that differ from the standard Plan terms.
2. Free trials automatically convert to a paid subscription at the end of the trial period unless you cancel before the end of the trial period in accordance with Section 6.5. You authorise the Company to charge your payment method for the relevant Plan at the end of the free trial unless you cancel.
3. Discount codes, vouchers, and promotional offers are subject to their specific terms, may be limited to one use per User, may be limited to specific Plans, may be time-limited, and may be revoked by the Company at any time in the event of suspected abuse.
4. Discounts and promotional offers are not redeemable for cash, are not transferable, and are not applicable to taxes, gateway fees, or other charges. Discounts cannot typically be combined with other offers unless specifically stated.
5. The Company may, at its sole discretion, revoke any discount, voucher, or promotional benefit where it has reasonable grounds to suspect that the discount, voucher, or benefit was obtained through fraud, abuse, multiple account creation, or any other violation of these Terms.

8. Description of the Services

1. The Services offered by the Company on the Platform include, as of the date of these Terms:

1. AI RESUME BUILDER — A tool that generates ATS-optimised resumes from a single User intake.
2. MOCK INTERVIEW — A simulated interview environment in which an AI interviewer poses role-, company-, and seniority-specific questions and provides feedback.
3. INTERVIEW INTELLIGENCE — A real-time structured-recall tool designed to surface User-prepared frameworks, research, and answer structures during a live interview.
4. TARGETED APPLICATION ENGINE — An automated system that tailors and submits job applications on behalf of Users through third-party job portals, including Naukri, Indeed, and LinkedIn, using the User’s own account credentials.
5. PROFILE OPTIMISATION — Profile rewrite, keyword density tuning, and visibility work designed to improve the User’s discoverability in recruiter searches.
6. INSIDER REFERRAL NETWORK — Access to a network of employees, contractors, and partner organisations intended to facilitate introductions between Users and hiring managers.

2. The Company may, at any time, add, modify, or remove features of the Services. Removal of a core feature included in a paid Plan will be communicated to affected Users by email at least 30 days before the removal takes effect, except in cases of emergency, security incident, legal requirement, or third-party change (in which case shorter notice may be given).
3. The Company may also offer beta features, experimental tools, or pilot programmes from time to time. Beta features are provided “as is,” may be modified or removed at any time without notice, and are not subject to the performance or availability commitments applicable to the core Services.

9. The 45-Day Placement Assurance

1. The 45-day placement assurance (the “Assurance”) is available to Users on the Elite Plan who purchase that Plan and complete the onboarding intake. The Job Search and standalone Co-Pilot plans do not include this assurance. Existing purchases remain governed by the terms accepted at purchase. The Assurance operates as a service extension and not as a refund, credit, or cash payment.
2. The Assurance is conditional on the User’s verifiable effort, as described in Section 9.3. By purchasing a qualifying Plan, the User acknowledges and agrees to the conditions of the Assurance.
3. User Obligations. To be eligible for the Assurance, the User must, during the 45-day campaign period:

1. Review and approve at least 10 targeted application submissions per day, generated by the Company’s Targeted Application Engine, except on weekends, public holidays, and reasonable personal leave days;
2. Attend every interview that the Company surfaces or arranges for the User, and provide honest feedback to the Company about each interview within 48 hours;
3. Provide accurate, current, and complete information about the User’s experience, skills, preferences, target role, target location, and target compensation, and update this information promptly when it changes;
4. Respond to communications from the Company’s career coaches, account managers, and Insider Referral Network coordinators within 48 hours;
5. Complete the intake, profile, resume, and onboarding steps as directed by the Company within 7 days of purchase;
6. Not engage in any conduct that would reasonably be expected to disqualify the User from consideration by a potential employer, including dishonesty in interviews, unprofessional conduct, criminal behaviour, or breach of confidentiality obligations owed to a current or former employer; and
7. Maintain active communication with the Company and refrain from “ghosting” the Company during the campaign.

4. Company Obligations. Subject to the User’s compliance with Section 9.3, the Company will:

1. Submit targeted applications through the Targeted Application Engine in accordance with the User’s intake parameters and the Plan’s monthly submission allowance;
2. Provide Interview Intelligence access for live interview rounds;
3. Surface relevant openings from the Insider Referral Network where available, although the Company does not guarantee the availability, suitability, or outcome of any specific referral; and
4. Provide resume, profile, and onboarding support included in the User’s Plan.

5. Extension. If the User has complied with Section 9.3 and has not received and accepted a written offer of employment within 45 days from the start of the campaign, the Company will extend the campaign at no additional charge until the User receives and accepts a written offer. The extension will continue the same Services as the original Plan. The extension ends upon the earliest of:

1. The User accepts a written offer of employment that the Company determines (in its reasonable discretion) to be within the User’s stated parameters;
2. The User withdraws from the programme in writing; or
3. The User materially breaches these Terms.

6. No Cash Value. The User expressly acknowledges that the Assurance has no cash value, is not redeemable for cash, and is not a financial product, insurance product, or employment guarantee. The Assurance is the User’s sole and exclusive remedy in the event that the User does not receive an offer within the Assurance window.
7. Exclusions. The Assurance does not apply in respect of:

1. Offers that the User declines, rejects, or counter-offers in a manner that the Company reasonably considers to be unreasonable;
2. Offers for roles, locations, levels, or compensation packages outside the parameters set during the User’s intake;
3. Self-employment, freelance work, contract engagements, internships, or unpaid positions that the Company reasonably determines not to constitute “employment” within the meaning of the Assurance;
4. Offers that the User was already in active negotiation with before joining the Platform;
5. Offers contingent on events outside the Company’s reasonable control, such as relocation to a country where the User does not have the right to work; and
6. Any period during which the User is in breach of these Terms.

10. User Obligations, Representations, and Warranties

1. You represent, warrant, and covenant to the Company that:

1. All information you provide to the Company, including but not limited to your name, contact details, work history, education, skills, qualifications, certifications, and salary expectations, is accurate, current, complete, and not misleading in any respect;
2. You are not subject to any contractual, fiduciary, statutory, or other obligation that would prohibit or restrict you from using the Platform, seeking new employment, or communicating with prospective employers;
3. You will not use the Platform to violate any duty of confidentiality, non-solicitation, non-competition, intellectual property assignment, or other contractual obligation owed to a current or former employer or other third party;
4. You have the right to use, upload, and transmit all User Content you submit to the Platform, and your User Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party;
5. You will use the Services only for the purpose of your own personal job search, and not for the job search of any other person;
6. You will use the Services in compliance with all Applicable Laws, including but not limited to employment, data protection, and anti-discrimination laws; and
7. You will not use the Services to apply for roles for which you are not qualified or to misrepresent your skills, experience, or qualifications to any prospective employer.

2. The Company reserves the right to verify any information you provide, including by contacting previous employers, educational institutions, or certification bodies. You authorise the Company to make such inquiries and to rely on the information you provide as accurate.

11. Acceptable Use Policy

1. You agree to use the Platform and the Services only for lawful purposes and in accordance with these Terms. You further agree to:

1. Treat all Company staff, contractors, and other Users with respect and courtesy;
2. Provide honest, candid feedback to the Company about your experience with the Services;
3. Not interfere with, disrupt, or attempt to gain unauthorised access to the Platform, its servers, its databases, or any related systems;
4. Not probe, scan, or test the vulnerability of the Platform, or breach any security or authentication measures used by the Company;
5. Not use any robot, spider, scraper, crawler, or other automated means to access the Platform or extract data, except as expressly permitted by the Company’s robots.txt file or in a separate written agreement;
6. Not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, model weights, or non-public components of the Services; and
7. Not use the Platform to develop, train, or improve any product or service that competes with the Platform.

12. Prohibited Uses

1. You agree NOT to use the Platform or the Services to:

1. Provide false, fabricated, misleading, or fraudulent information to the Company, to prospective employers, or to any other person, including but not limited to false statements about your identity, qualifications, work history, education, certifications, citizenship, immigration status, or compensation history;
2. Impersonate any other person, including a current or former employee of the Company, a recruiter, a hiring manager, or a reference;
3. Use the Interview Intelligence tool, the Mock Interview tool, or any other AI tool on the Platform to misrepresent your identity, fabricate experience, impersonate another person, or otherwise mislead an interviewer during a live interview;
4. Use the Platform to apply for jobs on behalf of any person other than yourself;
5. Use the Platform to engage in, facilitate, or solicit any unlawful activity, including fraud, money laundering, terrorism financing, human trafficking, sexual harassment, or discrimination;
6. Upload, transmit, or distribute any content that is unlawful, infringing, defamatory, obscene, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages violence or criminal conduct;
7. Transmit any virus, worm, malware, ransomware, logic bomb, or other harmful or destructive code or content;
8. Send unsolicited communications, spam, or bulk messages through the Platform or to other Users;
9. Solicit, recruit, or poach Company staff or contractors for employment outside the Company;
10. Resell, sublicense, rent, lease, or otherwise commercially exploit the Platform or the Services, including by operating a service bureau or similar business using the Services;
11. Circumvent, disable, or otherwise interfere with any security-related features of the Platform;
12. Use the Platform in any manner that could damage, disable, overburden, or impair the Company’s infrastructure;
13. Violate any Applicable Law, including but not limited to data protection, employment, anti-discrimination, and consumer protection laws; or
14. Encourage, assist, or permit any other person to do any of the foregoing.

13. AI Tools, AI Outputs, and Generative Content

1. The Services include AI Outputs generated by machine learning models. AI Outputs are probabilistic, may contain errors, omissions, hallucinations, biases, or inaccuracies, and should be treated as suggestions rather than statements of fact.
2. You are solely responsible for:

1. Reviewing, verifying, and (where necessary) correcting all AI Outputs before you use them, submit them, share them, or rely on them;
2. Ensuring that the AI Outputs you use do not contain any false, misleading, or defamatory statements, including but not limited to fabricated experience, education, certifications, or compensation history;
3. Ensuring that your use of AI Outputs complies with these Terms, with the terms of any third-party job portal, and with Applicable Law; and
4. The consequences of relying on AI Outputs, including any decisions you make based on them.

3. The Company does not warrant that any AI Output will be accurate, complete, free from bias, fit for a particular purpose, or will result in interviews, offers, or employment of any kind.
4. You retain ownership of the User Content you upload. The Company owns (or is the licensee of) the AI Outputs, the underlying AI models, the prompts, the fine-tuning data, and the model weights. The Company grants you a non-exclusive, non-transferable, revocable licence to use the AI Outputs for your personal job search during and for a reasonable period after the Subscription Period.
5. The Company does not use your personally identifiable User Content to train public third-party AI models. The Company may use anonymised, aggregated usage statistics and de-identified patterns to improve the Company’s own models and Services, in accordance with the Privacy Policy.

14. User Content, Feedback, and Licence Grants

1. You retain all right, title, and interest in and to your User Content, subject to the licence granted in Section 14.2.
2. You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, transferable, irrevocable (for the duration of the applicable copyright) licence to use, host, store, reproduce, modify (for formatting and ATS optimisation purposes), publish, transmit, display, and distribute your User Content for the purposes of:

1. Operating, providing, and improving the Services;
2. Submitting job applications on your behalf through the Targeted Application Engine and the Insider Referral Network;
3. Generating AI Outputs for you;
4. Generating anonymised, aggregated statistics and insights;
5. Complying with Applicable Law; and
6. Enforcing these Terms.

3. Where you submit feedback, suggestions, ideas, or recommendations to the Company (“Feedback”), you grant the Company an unrestricted, perpetual, irrevocable, royalty-free, worldwide licence to use, modify, and incorporate such Feedback into the Services or any other product or service, without any obligation to you.
4. The Company is not responsible for the accuracy, completeness, legality, or reliability of any User Content, and you are solely responsible for your User Content.

15. Third-Party Job Portals and Platform Integrations

1. The Services integrate with and submit content to third-party platforms, including but not limited to Naukri, Indeed, and LinkedIn (each, a “Third-Party Platform”). Each Third-Party Platform is governed by its own terms of service and privacy policy.
2. By connecting a Third-Party Platform account to the Services, you authorise the Company to:

1. Access your profile data on that Third-Party Platform;
2. Read, modify, and update your profile on that Third-Party Platform;
3. Submit job applications on your behalf through that Third-Party Platform;
4. Send and receive messages on your behalf through that Third-Party Platform, subject to the parameters you set; and
5. Manage visibility, privacy, and notification settings on that Third-Party Platform, subject to the parameters you set.

3. You may revoke the Company’s access to a Third-Party Platform at any time by disconnecting the Third-Party Platform account in your dashboard settings or by changing the password on the Third-Party Platform.
4. The Company is not responsible for:

1. Changes to a Third-Party Platform’s interface, terms, features, pricing, or availability;
2. Actions taken by a Third-Party Platform in respect of your account or your applications, including suspensions, restrictions, or removals;
3. The content, accuracy, or legality of any listing on a Third-Party Platform; or
4. The conduct of any recruiter, employer, or other third party that you encounter through a Third-Party Platform.

5. Where a Third-Party Platform charges fees for the use of its services (for example, premium recruiter listings or promoted applications), the Company may, at its discretion, pass on such fees to you or absorb such fees within the cost of your Plan.

16. Intellectual Property Rights

1. The Platform, the Services, the AI models, the AI Outputs (subject to Section 13.4), the algorithms, the software, the designs, the graphics, the logos, the trademarks, the trade dress, the text, the images, the audio, the video, the documentation, the look and feel, and the compilation of the foregoing (collectively, the “Company IP”) are owned by the Company or its licensors and are protected by Indian and international intellectual property laws.
2. Subject to your compliance with these Terms and your payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your personal, non-commercial job search during the Subscription Period. This licence terminates immediately upon the termination or expiration of your Subscription Period.
3. You may not, and may not permit any other person to:

1. Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Company IP, except to the extent expressly permitted by Applicable Law;
2. Sell, license, sublicense, rent, lease, distribute, or otherwise commercially exploit the Company IP;
3. Remove, alter, or obscure any copyright, trademark, or other proprietary notice contained in or on the Company IP;
4. Use the Company IP to develop, train, or improve any product or service that competes with the Platform;
5. Use the Company name, logo, or trademarks in any manner without the Company’s prior written consent; or
6. Frame, mirror, or deep-link to the Platform without the Company’s prior written consent.

4. The Company may, at its sole discretion, pursue any legal remedy available for any infringement of the Company IP, including injunctive relief, damages, and recovery of legal fees.

17. Confidentiality

1. The Company treats your personal information in accordance with the Privacy Policy. Where you provide information to the Company that you mark as “confidential” or that a reasonable person would understand to be confidential (for example, ongoing offer details, ongoing compensation negotiations, or non-public information about your current employer), the Company will use such information only to provide the Services to you and will not disclose such information to any third party except as required by Applicable Law or as expressly authorised by you in writing.
2. You agree to maintain the confidentiality of any non-public information about the Company, the Services, the Company’s pricing, methods, technology, AI models, algorithms, business plans, customer lists, or trade secrets that you learn through your use of the Services. This obligation survives the termination of these Terms for a period of 5 years.
3. The obligations in this Section 17 do not apply to information that:

1. Is or becomes publicly available through no fault of the receiving party;
2. Was already known to the receiving party before disclosure;
3. Is independently developed by the receiving party without use of the disclosing party’s information; or
4. Is required to be disclosed by Applicable Law, provided that the receiving party gives the disclosing party prompt notice of the requirement (where lawful) and cooperates with any efforts to limit the scope of the disclosure.

18. Communications, Marketing Consent, and Electronic Notices

1. By providing your contact details to the Company, you expressly consent to receive communications from the Company by:

1. Email, at the email address associated with your Account;
2. SMS, WhatsApp, and other text-based messaging services, at the phone number associated with your Account;
3. Phone calls, at the phone number associated with your Account;
4. Push notifications, in-app messages, and other electronic means; and
5. Postal mail, at the address associated with your Account.

2. The communications described in Section 18.1 may include:

1. Service-related notices that are necessary for the operation of the Services, including notices about account activity, billing, security incidents, plan changes, and updates to these Terms and other policies. You may not opt out of service-related notices while you have an Account with the Company;
2. Marketing communications about new products, features, special offers, partner offers, surveys, events, and similar topics. You may opt out of marketing communications at any time by using the “unsubscribe” link in any marketing email, by replying “STOP” to any SMS message, or by contacting the Company at hello@firstdayai.in; and
3. Survey, research, and feedback communications related to your use of the Services.

3. You expressly consent to receive automated marketing calls and SMS from the Company and its service providers at the phone number you provide, including but not limited to communications sent using an automatic telephone dialling system or an artificial or prerecorded voice, in compliance with the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR-2018) and the National Customer Preference Register (NCPR). Your consent is not a condition of purchasing any Plan.
4. Standard messaging, data, and telephony rates may apply to communications sent to or by you in connection with the Services. The Company is not responsible for such charges.
5. Any notice required to be given under these Terms may be given electronically, by email to the email address associated with your Account, or by posting on the Platform. Such notice is deemed given on the earlier of the date of transmission (for email) or posting (for in-product notices).

19. Performance Results Disclaimer

1. The User expressly acknowledges and agrees that all numerical performance indicators, statistics, testimonials, case studies, success stories, examples, hypotheticals, marketing claims, sales statements, and any other performance-related information referenced on the Platform, in the Company’s marketing materials, in social media, in press coverage, in partnership communications, in sales calls, in email, or otherwise communicated by the Company or its representatives (collectively, “Performance Indicators”) — including but not limited to:

1. “12,000+ candidates placed”;
2. “24 interview calls per campaign”;
3. “38 days average time to offer”;
4. “94% placed within 90 days”;
5. “₹46 LPA highest offer secured”;
6. “96% ATS pass rate”;
7. “8x recruiter view rate vs DIY”;
8. “13% offer rate vs ~2% DIY”;
9. “24/7 co-pilot availability in 9 languages”;
10. “₹5,999 – ₹59,999 pricing”; and
11. Any other numerical or qualitative metric, statistic, or claim of any nature,

are based on the historical performance of the Platform and the historical outcomes of past Users, and represent the Company’s good-faith estimation of past performance derived from internal data and user surveys.

2. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE RESULTS. The User expressly acknowledges and agrees that:

1. Past performance, historical outcomes, prior candidate results, prior User statistics, and any Performance Indicators are not, and shall not be construed as, a guarantee, warranty, assurance, representation, projection, or promise of future performance, future outcomes, future placements, future interview calls, future offers, future compensation, or future results of any nature for any current or future User;
2. Investment in career services involves risk, and the User’s actual results may differ materially from any Performance Indicator, with no assurance that the User will experience any comparable outcome;
3. Individual results will vary based on factors outside the Company’s control, including but not limited to the User’s skills, qualifications, experience, geographic location, target industry, target seniority, target compensation, current market conditions, hiring cycles, employer preferences, macro-economic conditions, the User’s own effort, conduct, interview performance, and engagement with the Services;
4. The Company makes no representation, warranty, or guarantee that the User will receive any specific number of interviews, any specific number of offers, any specific level of compensation, any specific role, any specific employer, or any specific time-to-offer as a result of purchasing any Plan; and
5. The 45-day placement assurance, where applicable, is the User’s sole and exclusive remedy in the event that the User does not receive an offer within the relevant period, and is limited to a service extension in accordance with Section 9. The Assurance is not a refund mechanism, an insurance product, a promise of employment, or a financial guarantee of any kind.

3. To the maximum extent permitted by Applicable Law, any testimonials, success stories, and case studies presented on the Platform are illustrative of individual experiences and do not represent typical results. The names, photographs, and biographical details of individuals featured in testimonials have been used with their consent, but the Company does not represent that the experiences described are representative of the experiences of all Users.

20. Disclaimers of Warranties

20.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.

20.2 THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

1. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT;
2. WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE FROM HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED;
3. WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT, AI OUTPUT, OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES;
4. WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USER WILL RECEIVE INTERVIEWS, OFFERS, OR EMPLOYMENT; AND
5. WARRANTIES REGARDING THE CONDUCT OF ANY THIRD PARTY, INCLUDING ANY RECRUITER, EMPLOYER, REFERRAL PARTNER, OR OPERATOR OF A THIRD-PARTY PLATFORM.

20.3 The Company does not warrant that the Platform, its servers, or any communications sent from or on behalf of the Company are free of viruses or other harmful components.

20.4 Some jurisdictions do not permit the exclusion of certain warranties. In such jurisdictions, the exclusions in this Section 20 apply to the maximum extent permitted by Applicable Law, and any warranty that cannot be excluded is limited to the minimum duration permitted by Applicable Law.

21. Limitation of Liability

21.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS CONTRACTORS, ITS AGENTS, ITS LICENSORS, OR ITS SERVICE PROVIDERS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE FOR ANY:

1. INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
2. LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR DATA;
3. LOSS OF EMPLOYMENT, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, OR LOSS OF CHANCE;
4. COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR
5. ANY OTHER DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, OR THE USE OR INABILITY TO USE THE SERVICES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21.2 THE COMPANY PARTIES’ TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, OR THE USE OR INABILITY TO USE THE SERVICES SHALL NOT EXCEED THE GREATER OF:

1. THE TOTAL AMOUNT PAID BY THE USER TO THE COMPANY UNDER THE APPLICABLE PLAN IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
2. INR 10,000 (TEN THOUSAND INDIAN RUPEES).

21.3 The limitations in this Section 21 apply to the maximum extent permitted by Applicable Law and do not apply to:

1. Liability that cannot be excluded or limited under Applicable Law, including liability for fraud, for death or personal injury caused by negligence, or for any other liability that Applicable Law deems non-excludable;
2. The User’s payment obligations under Section 6; and
3. The User’s indemnification obligations under Section 22.

21.4 The User acknowledges that the limitations in this Section 21 are a reasonable allocation of risk between the parties, that the Company’s pricing reflects this allocation of risk, and that the Company would not have entered into these Terms or offered the Services at the stated prices without these limitations.

22. Indemnification

1. You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to reasonable legal fees) arising from or related to:

1. Your access to or use of the Platform or the Services;
2. Your violation of these Terms, including the Acceptable Use Policy and the Prohibited Uses in Sections 11 and 12;
3. Your violation of any Applicable Law, including but not limited to employment, anti-discrimination, and data protection laws;
4. Your violation of any third-party right, including but not limited to intellectual property rights, privacy rights, contractual rights, and confidentiality rights;
5. Any false, misleading, or fraudulent information you provide to the Company, to a Third-Party Platform, or to a prospective employer;
6. Your use of AI Outputs, including any claim that an AI Output infringes the rights of a third party or contains defamatory content;
7. Your use of the Services to apply for jobs on behalf of any person other than yourself;
8. Any claim by a current or former employer that you breached a contractual obligation by using the Services; and
9. Any claim by a third party arising from your conduct in connection with the Services.

2. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate, at your expense, with the Company’s defence of such matter. You will not settle any claim without the Company’s prior written consent.

23. Suspension, Termination, and Account Closure

1. These Terms remain in effect for as long as you use the Platform or maintain an Account.
2. The Company may, at its sole discretion and without prior notice, suspend, restrict, or terminate your access to the Platform, the Services, or your Account at any time, in whole or in part, if:

1. You breach, or the Company reasonably suspects you have breached, these Terms, the Acceptable Use Policy, the Prohibited Uses in Sections 11 and 12, or any other policy of the Company;
2. Your payment method is declined, expired, or reversed, and you do not provide a valid replacement within 7 days;
3. You become the subject of any insolvency, bankruptcy, winding-up, or similar proceeding;
4. You die or become legally incapacitated;
5. The Company is required to do so by Applicable Law, by a court order, or by a competent regulatory or governmental authority;
6. The Company ceases to offer the Services in your jurisdiction or generally, with reasonable notice where practicable;
7. The Company determines, in its sole discretion, that your continued access to the Platform poses a security risk, a legal risk, a reputational risk, or a risk to other Users or to the Company; or
8. You have not used the Platform for a period of 12 consecutive months.

3. You may terminate your Account at any time by sending a request to hello@firstdayai.in. Account closure will be processed within 7 business days of receipt of the request.
4. For the Co-Pilot Plan, the term “lifetime” means the lifetime of the product. If the product is materially changed or discontinued, the Company will, at its discretion, either continue to honour your access to the then-existing functionality (where technically feasible) or refund a prorated amount reflecting the unused portion of an assumed 10-year product life, as set out in the Refund Policy.

24. Effect of Termination

1. Upon termination of your Account or your access to the Platform for any reason:

1. Your right to access and use the Platform and the Services ends immediately;
2. The Company may delete your Account data, your User Content, your AI Outputs, and any other information associated with your Account, subject to the Company’s Data Retention Policy and Privacy Policy;
3. Any licences granted to you under these Terms terminate;
4. You remain liable for all amounts due to the Company as of the effective date of termination, including any unpaid fees, chargeback amounts, and recovery costs; and
5. Sections 1 (Definitions, to the extent used in surviving sections), 10 (User Representations), 13 (AI Outputs), 14.2-14.3 (Licence Grants), 15.4 (Third-Party Platforms), 16 (Intellectual Property), 17 (Confidentiality), 19 (Performance Disclaimer), 20 (Disclaimers), 21 (Limitation of Liability), 22 (Indemnification), 24 (Effect of Termination), 25 (Refunds), 26 (Privacy), 30 (Anti-Corruption), 31 (Export Control), 39 (Class Action Waiver), 40 (Governing Law), 41 (Dispute Resolution), and 43 (Contact) shall survive.

2. You may request a copy of your User Content within 30 days of termination by sending a request to support@firstdayai.in. After 30 days, the Company may delete your User Content in accordance with the Data Retention Policy.

25. Refunds

Refund terms are set out in the Refund Policy, which is incorporated into these Terms by reference. Capitalised terms used in this Section 25 and not otherwise defined have the meanings given in the Refund Policy.

26. Data Protection, Privacy, and Cookies

1. The Company’s collection, use, storage, sharing, and protection of personal data are governed by the Privacy Policy and the Data Retention Policy, both of which are incorporated into these Terms by reference.
2. The Company uses cookies and similar technologies on the Platform. By using the Platform, you consent to the use of cookies in accordance with the Company’s cookie policy, as set out in the Privacy Policy. You may disable cookies through your browser settings, but doing so may affect the functionality of the Platform.
3. The Company may transfer your personal data to, and process your personal data in, countries other than your country of residence, including but not limited to India, the United States, the United Arab Emirates, Singapore, and the United Kingdom. By using the Services, you consent to such transfers, subject to the safeguards set out in the Privacy Policy.

27. Third-Party Processors and Sub-Processors

1. The Company engages third-party processors and sub-processors to provide hosting, payment processing, customer support, analytics, email delivery, security, and other services necessary to operate the Platform. A list of the Company’s current third-party processors is available on request.
2. The Company does not share personally identifiable User Content (including but not limited to resumes, profile data, and intake responses) with any third-party processor, sub-processor, or other third party, except:

1. As required to operate the Services (for example, submitting applications to job portals at your direction);
2. As required by Applicable Law; or
3. As expressly authorised by you in writing.

3. Where the Company engages a third-party processor, the Company enters into a data processing agreement that requires the processor to protect your personal data to a standard no less protective than the standards set out in these Terms and the Privacy Policy.

28. Force Majeure

1. The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond the Company’s reasonable control, including but not limited to:

1. Acts of God, earthquakes, floods, fires, droughts, or other natural disasters;
2. War, terrorism, civil unrest, riot, sabotage, embargo, or government action;
3. Pandemic, epidemic, or public health emergency;
4. Strike, lockout, or other labour dispute;
5. Failure of a public utility, internet service provider, telecommunications provider, or cloud provider;
6. Cyberattack, distributed denial of service, or other malicious act; or
7. Change in Applicable Law that materially affects the Company’s ability to deliver the Services.

2. The Company shall promptly notify you of any force majeure event and shall use commercially reasonable efforts to mitigate the impact of the event.

29. Compliance with Applicable Laws

1. You agree to use the Services in compliance with all Applicable Laws, including but not limited to:

1. Employment, labour, and anti-discrimination laws;
2. Data protection and privacy laws, including the Digital Personal Data Protection Act, 2023 (India), the EU GDPR, the UK GDPR, the UAE Personal Data Protection Law, and the Singapore Personal Data Protection Act;
3. Anti-bribery, anti-money laundering, and economic sanctions laws, including the Prevention of Corruption Act, 1988 (India), the Prevention of Money Laundering Act, 2002 (India), the US Foreign Corrupt Practices Act, the UK Bribery Act 2010, and applicable UN, OFAC, EU, and HM Treasury sanctions;
4. Intellectual property laws;
5. Tax laws, including the Income Tax Act, 1961 (India) and applicable GST laws; and
6. Telecommunications and consumer protection laws, including the Telecom Commercial Communications Customer Preference Regulations, 2018, the Consumer Protection Act, 2019, and the Consumer Protection (E-Commerce) Rules, 2020.

2. You represent and warrant that you are not a person who is the subject of any economic sanctions, export controls, or trade restrictions imposed by India, the United Nations, the United States, the European Union, the United Kingdom, or any other competent authority.

30. Anti-Corruption, Anti-Money Laundering, and Sanctions

1. You agree not to use the Services, directly or indirectly, to offer, promise, give, solicit, receive, or accept any bribe, illegal gratification, or thing of value to or from any person, including but not limited to any government official, political party, candidate for public office, or employee of any organisation, in violation of Applicable Law.
2. You agree not to use the Services to facilitate money laundering, terrorism financing, sanctions evasion, or any other unlawful financial activity.
3. The Company may, at its sole discretion and without notice, suspend or terminate your Account if it has reasonable grounds to suspect that you are engaged in any activity prohibited by this Section 30.

31. Export Control and Prohibited Persons

1. The Services may be subject to Indian and international export control laws and regulations, including the Foreign Exchange Management Act, 1999, the Indian Customs Act, 1962, the US Export Administration Regulations, the US International Traffic in Arms Regulations, the EU Dual Use Regulation, and the UK Export Control Order 2008.
2. You represent and warrant that you are not located in, a resident of, or a national of any country that is the subject of comprehensive sanctions, and that you are not a person on the Restricted Persons List, the Specially Designated Nationals List, or any other list of prohibited persons maintained by the Government of India, the United Nations, the United States, the European Union, the United Kingdom, or any other competent authority.
3. You agree not to use the Services in any manner that would cause the Company to violate any export control law or regulation.

32. Notices and Communications

1. Any notice required to be given by you to the Company under these Terms shall be in writing and shall be sent to the addresses in Section 43.
2. Any notice required to be given by the Company to you under these Terms may be given by:

1. Email to the email address associated with your Account;
2. Posting on the Platform or in your Account dashboard;
3. SMS or push notification to the phone number or device associated with your Account; or
4. Postal mail to the address associated with your Account.

3. A notice is deemed given on the earlier of the date of transmission (for email or SMS), the date of posting (for in-product notices), or 5 business days after posting (for postal mail).

33. Modifications to the Terms

1. The Company may modify these Terms at any time, in its sole discretion, by posting the modified Terms on the Platform and updating the “Last updated” date.
2. For material changes, the Company will provide at least 7 calendar days’ prior notice by email to the email address associated with your Account and/or by an in-product notice.
3. For changes that affect the User’s rights or obligations in a way that the Company reasonably considers to be material (including but not limited to changes to the plans, pricing, refund terms, auto-renewal mechanics, or liability provisions), the Company will provide at least 30 calendar days’ prior notice.
4. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to stop using the Platform and close your Account in accordance with Section 23.3.

34. Assignment

1. You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms, in whole or in part, without the Company’s prior written consent. Any attempted assignment without such consent is void.
2. The Company may assign, transfer, delegate, or sublicense its rights and obligations under these Terms, in whole or in part, to any Affiliate, successor, or acquirer, including in connection with a merger, acquisition, reorganisation, sale of assets, or sale of equity, without your consent. The Company will provide reasonable notice of any such assignment by email.

35. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.

36. Entire Agreement

These Terms, together with the Privacy Policy, the Refund Policy, the Data Retention Policy, and any additional policies or guidelines referenced herein or published on the Platform, constitute the entire agreement between you and the Company with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

37. No Waiver

The failure by the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The exercise or enforcement by the Company of any right or provision shall not preclude the exercise or enforcement of any other right or provision.

38. Third-Party Beneficiaries

Except as expressly stated in these Terms, these Terms are for the sole benefit of you and the Company, and do not confer any rights or remedies on any other person, including any other User of the Platform or any employee, contractor, or Affiliate of the Company.

39. Class Action and Jury Trial Waiver

39.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL.

39.2 If this class action waiver is held to be invalid or unenforceable, then the entirety of this Section 39 shall be void, and any dispute shall be resolved in court in accordance with Section 41.

40. Governing Law

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation, shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

41. Dispute Resolution and Jurisdiction

1. The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms through informal negotiation. The party initiating the dispute shall send a written notice to the other party describing the dispute and the relief sought. The parties shall meet (in person or virtually) within 30 days of the notice to attempt to resolve the dispute.
2. If the dispute is not resolved within 30 days of the notice, either party may initiate formal proceedings. The parties agree that the competent courts at Chennai, Tamil Nadu, India, shall have exclusive jurisdiction over any dispute, subject to the class action waiver in Section 39.
3. Notwithstanding Section 41.2, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or other proprietary interests.
4. Nothing in this Section 41 shall prevent either party from seeking interim or conservatory measures from a court of competent jurisdiction.

42. Grievance Officer (India)

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Digital Personal Data Protection Act, 2023, the contact details of the Company’s Grievance Officer are:

The Grievance Officer will acknowledge receipt of a grievance within 48 hours and aim to resolve it within 15 calendar days.

43. Contact Information

For any questions about these Terms, please contact us at: