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Legal Agreement
Effective April 2026 · Last updated April 2026 · Mockwin Technologies Private Limited
Welcome to Mockwin. These Terms of Service ("Terms") constitute a legally binding agreement between you and Mockwin Technologies Private Limited, a company incorporated under the laws of India ("Mockwin", "Company", "we", "us", or "our"). These Terms govern your access to and use of the Mockwin platform, website, mobile applications, APIs, and all AI-powered recruitment and interview preparation services (collectively, the "Services"). Effective Date: April 2026 | Last Updated: April 2026 | Website: https://www.mockwin.ai | Entity: Mockwin Private Limited, India.
By accessing, registering for, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, organisation, or other legal entity (a "B2B User" or "Organisation"), you represent and warrant that you have the authority to bind such entity to these Terms. If you are using the platform as a job seeker or interviewee (a "B2C Candidate" or "Candidate"), these Terms apply to your individual use. If you do not agree to these Terms, you must not access or use the Services.
Throughout these Terms, the following defined terms apply:
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is higher), to create an account or use the Services. By using the Services, you warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.
Candidates agree to provide accurate, complete, and current information during registration and to keep such information updated. You may not:
Organisations must represent a legitimate commercial, non-profit, or governmental entity with genuine hiring, screening, or talent development needs. Organisations are responsible for:
Mockwin provides an AI-powered ecosystem designed to facilitate scalable talent acquisition and interview preparation. The Services include, but are not limited to:
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with reasonable notice where practicable, to improve platform performance or comply with regulatory changes.
Mockwin's AI models, scoring rubrics, transcripts, behavioural analytics, and all other AI Outputs are designed strictly as decision-support tools. They are not intended to replace human judgment. For B2B Users: You are solely responsible for all final hiring, employment, and rejection decisions. You must ensure that your use of Mockwin complies with all applicable local, state, national, and international employment laws, including anti-discrimination legislation, equal opportunity mandates, and data protection requirements. For B2C Candidates: Mockwin does not guarantee employment, job placement, interview selection, or positive hiring outcomes. AI-generated feedback is provided for developmental and assessment purposes only.
While we invest significantly in accuracy and fairness through continuous bias testing and diverse training datasets, AI systems are inherently probabilistic. Mockwin does not warrant that AI Outputs will be one hundred per cent accurate, error-free, or free from all implicit biases. We disclaim all liability for any alleged inaccuracies in candidate scoring, evaluation, or ranking.
B2B Users bear the primary responsibility for complying with AI-related employment regulations in their jurisdiction, including but not limited to:
If Mockwin grants you access to its Application Programming Interface (API) to integrate with your internal systems:
If you access the Services via a Mockwin mobile application downloaded from the Apple App Store or Google Play Store, you acknowledge that these Terms are between you and Mockwin, not with Apple Inc. or Google LLC. Apple and Google have no obligation to furnish maintenance, support, or warranty services for the application.
You agree not to use the Services in any manner that:
Violation of this policy will result in immediate account suspension or termination, forfeiture of all unused credits and subscriptions, and potential legal action. No refund will be issued.
Our data collection, processing, and sharing practices are comprehensively detailed in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described therein.
When utilising Mockwin to assess Candidates, B2B Users act as Data Controllers (or equivalent under local law). B2B Users warrant that they have obtained all necessary lawful rights, consents, and authorisations to invite Candidates and process their Personal Data through Mockwin. Organisations must execute Mockwin's Data Processing Agreement (DPA) prior to processing Candidate data.
Candidates acknowledge that by initiating a proctored Assessment, they consent to audio and video recording, dual-camera monitoring, browser activity tracking, language pattern analysis, and identity verification as configured by the hiring Organisation.
Candidates may set their profiles and interview data to "Private" (available to paid subscribers) or "Talent Discovery" (default for free tier users, as described in Section 10). Visibility settings can be changed by upgrading to a paid plan or adjusting account settings.
By creating an account on Mockwin, you will receive transactional communications that are essential to the operation of the Services. These include account verification emails, security alerts, password reset notifications, billing receipts, interview reminders, assessment completion confirmations, and service disruption notices. Transactional communications cannot be opted out of while your account remains active, as they are necessary for the performance of our contract with you.
By creating an account on Mockwin, you also consent to receive promotional and marketing communications from us. These may include:
India, United States, and other non-EEA jurisdictions: By completing your account registration, you consent to receive promotional communications as described above. You may opt out at any time. European Economic Area (EEA), United Kingdom, and jurisdictions requiring explicit opt-in: Promotional communications will only be sent if you affirmatively opt in via a separate, unchecked consent checkbox during registration. You may withdraw your consent at any time.
You may opt out of promotional communications at any time by:
If your profile is included in the Talent Discovery Pool (see Section 10), subscribing Organisations may send you hiring opportunities and interview invitations through the Mockwin platform. These messages are facilitated by Mockwin but initiated by the Organisation. You may block specific Organisations or disable recruiter messages entirely through your account settings.
Mockwin offers a free tier that provides access to AI-powered mock interviews, assessments, and interview readiness tools at no cost to the Candidate. In exchange for this free access, you acknowledge and agree that your data will be made available to subscribing Organisations through Mockwin's Talent Discovery Pool, as described in this section.
The following data from free tier users is included in the Talent Discovery Pool and is accessible to subscribing B2B Organisations:
The following data is never shared through the Talent Discovery Pool without your explicit, per-instance consent:
Subscribing Organisations may use the Talent Discovery Pool to:
Free tier users may not opt out of the Talent Discovery Pool while using the free tier, as this visibility constitutes the consideration for free access to the platform's AI tools. To remove your profile from the Talent Discovery Pool, you may upgrade to a Paid Plan (gaining full privacy controls to set your profile to "Private" mode) or delete your account at any time, which will remove all your data from the platform, including the Talent Discovery Pool, within thirty (30) days.
If you complete an Assessment as part of a B2B Organisation's recruitment process and subsequently create an independent B2C account, you acknowledge that:
By using the Services, you grant Mockwin a perpetual, irrevocable, worldwide, royalty-free, sub-licensable licence to use anonymised and de-identified data derived from your use of the platform to train, improve, test, benchmark, and develop Mockwin's AI models, algorithms, and Services. This includes, without limitation:
Before any data is used for AI model training, Mockwin applies rigorous anonymisation and de-identification processes to ensure that no individual user can be identified from the training dataset. This includes removing names, email addresses, photographs, video likenesses, and any other personally identifiable information. Only statistical patterns and linguistic structures are retained.
If you exercise your right to delete your Personal Data under applicable privacy law (e.g., GDPR "Right to Erasure", DPDP Act withdrawal of consent), Mockwin will delete all identifiable records associated with your account. However, you acknowledge and agree that anonymised and de-identified derivatives that have already been incorporated into trained AI models cannot be individually extracted, reversed, or deleted. This is an inherent technical limitation of machine learning systems and is consistent with industry-standard practice. The anonymised data remaining in trained models does not constitute Personal Data under applicable law.
Organisations using Mockwin's B2B Services acknowledge and agree that Mockwin may use anonymised, aggregated, and de-identified data derived from Assessments conducted on the platform to improve its AI models, as described in this section. This right is reflected in the Data Processing Agreement (DPA) and does not extend to the Organisation's proprietary knowledge base content uploaded via BYOKB, which remains confidential and isolated per tenant. Enterprise clients with custom Master Services Agreements (MSAs) may negotiate an opt-out of AI model training for their Organisation's Assessment data. Such opt-out must be documented in writing in the MSA.
Data used for AI model training is used exclusively for the purpose of improving the quality, accuracy, fairness, and reliability of Mockwin's AI interview and assessment systems. Mockwin will not:
All rights, title, and interest in the Services—including the software, user interface design, AI algorithms, machine learning models, knowledge bases, documentation, logos, trademarks, and brand features—are the exclusive property of Mockwin Technologies Private Limited and its licensors. These Terms do not grant you any rights to use Mockwin's trademarks, logos, or brand features without prior written consent.
You retain all ownership rights to the Content you upload (e.g., resumes, job descriptions, proprietary question banks, knowledge base documents). However, you grant Mockwin a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, process, analyse, and display this Content strictly for the purpose of providing and improving the Services. This licence terminates when you delete your Content or close your account, subject to reasonable backup and archival periods.
By subscribing as a B2B Organisation, you grant Mockwin a non-exclusive, royalty-free, worldwide licence to use your company name, trademarks, and logos on our website and in marketing materials to identify you as a customer. You may opt out of this publicity clause at any time by emailing legal@mockwin.ai.
Mockwin respects the intellectual property rights of others. If you believe that your copyrighted work has been uploaded to the platform without authorisation, please notify our Designated Copyright Agent at copyright@mockwin.ai.
Your notice must include:
We comply with the Digital Millennium Copyright Act (DMCA), the Indian Copyright Act 1957, and equivalent legislation in other jurisdictions. We will promptly remove or disable access to allegedly infringing material upon valid notification.
From time to time, Mockwin may host talent challenges, coding competitions, or public leaderboards.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOCKWIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MOCKWIN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOCKWIN, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, FAILURE TO HIRE, EMPLOYMENT DISPUTES, REPUTATIONAL HARM, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. IN NO EVENT SHALL MOCKWIN'S AGGREGATE LIABILITY EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MOCKWIN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT; OR (B) ONE HUNDRED US DOLLARS (USD 100). Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by applicable law.
You agree to defend, indemnify, and hold harmless Mockwin Technologies Private Limited, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
Neither party shall be held liable for any delay or failure in performance under these Terms (other than payment obligations) due to circumstances beyond their reasonable control. This includes, without limitation, acts of God, war, terrorism, pandemics, epidemics, government orders, sanctions, strikes, natural disasters, cyberattacks, or major systemic failures of third-party infrastructure (e.g., widespread cloud hosting outages or internet backbone failures).
These Terms shall be governed by and construed in accordance with the laws of India. The courts located in Bengaluru, Karnataka, India shall have exclusive jurisdiction over any disputes arising from these Terms, subject to the arbitration provisions below. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof shall first be attempted to be resolved through good-faith negotiation for a period of thirty (30) days. If the dispute remains unresolved, it shall be settled by binding arbitration administered in accordance with the Arbitration and Conciliation Act, 1996 (India). The seat of arbitration shall be Bengaluru, Karnataka, India. The language of arbitration shall be English.
To the 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 this class action waiver is found to be unenforceable in your jurisdiction, the entirety of this arbitration provision shall be deemed void with respect to your claim.
If you are located in the European Union, the European Economic Area, or the United Kingdom, nothing in these Terms shall deprive you of mandatory consumer protections under the laws of your country of residence. Any disputes may also be submitted to the competent courts of your habitual residence, and you may utilise the EU Online Dispute Resolution platform where applicable.
We may update these Terms from time to time. If we make material changes, we will provide at least thirty (30) days' advance notice via email to your registered address or a prominent notification on the platform. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services before the effective date.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.
These Terms, together with our Privacy Policy, Cookie Policy, Data Processing Agreement, and Billing and Refund Policy, constitute the entire agreement between you and Mockwin regarding the Services and supersede all prior oral or written agreements, communications, and understandings. In the event of conflict between these Terms and any other Mockwin policy document, these Terms shall prevail unless the other document expressly states otherwise.
For any questions, concerns, or notices regarding these Terms, please contact: