Terms Of Use
These Terms govern your access to the HRMS Software in India website (HRMS software in India) and our HRMS, payroll, attendance, leave, recruitment, expense, performance, and self-service services. By using the website or the Services, you agree to these Terms.
1. Acceptance Of Terms
These Terms of Use ("Terms") govern your access to and use of the website hrmssoftwareinindia.com and the HRMS, payroll, attendance, leave, performance, recruitment, expense, onboarding, and self-service services ("Services") provided by HRMS Software in India ("we", "our", or "us").
By accessing the website, requesting a demo, signing up for a free trial, or subscribing to the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the website or the Services.
If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
2. Definitions
"Customer" means the company or entity that subscribes to the Services. "Authorised User" means an employee, contractor, or representative permitted by the Customer to access the Services.
"Customer Data" means data, content, and information uploaded, stored, or processed by the Customer or its Authorised Users through the Services, including employee personal data, payroll inputs, attendance logs, and statutory records.
"Subscription" means the paid plan and term selected by the Customer. "Documentation" means the user guides, help articles, and online resources we publish for the Services.
3. Eligibility And Account Registration
You must be at least eighteen years old and capable of entering into a binding contract under the Indian Contract Act, 1872 to use the Services.
You agree to provide accurate, current, and complete information during account creation and to keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
You must notify us promptly of any unauthorised access or use of your account, suspected security incident, or compromise of credentials.
4. Subscription, Billing, And Free Trial
Subscription fees, billing cycle, and renewal terms are stated on the Order Form, the Pricing page, or in a written agreement between the Customer and us. Fees are payable in Indian Rupees (INR) and exclusive of applicable taxes including GST.
A free trial may be offered for new sign-ups. The trial period, scope, and conversion terms are disclosed at sign-up. You may cancel the trial before the end of the trial period to avoid auto-conversion to a paid plan.
Late payments may attract interest at the rate permitted by law. We may suspend or terminate the Services for non-payment after providing reasonable notice.
5. Customer Data And Intellectual Property
Customer retains all rights, title, and interest in the Customer Data. By using the Services, the Customer grants us a limited, non-exclusive licence to host, process, and use the Customer Data only as needed to provide and improve the Services.
We retain all rights, title, and interest in the Services, the platform, the Documentation, and any improvements, including all intellectual property rights. No rights are granted to the Customer except those expressly stated in these Terms.
Feedback, suggestions, and ideas you provide about the Services are non-confidential and may be used by us without obligation to you.
6. Acceptable Use
You agree not to use the Services to upload unlawful content, harass any person, send spam or unsolicited communications, infringe intellectual property, transmit malware, attempt unauthorised access, reverse engineer the Services, or interfere with normal operation.
You will comply with all applicable Indian laws including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Indian Penal Code, the Income Tax Act, the EPF and ESI Acts, and applicable state labour laws.
We reserve the right to investigate suspected violations and to suspend or terminate access for serious or repeated breaches.
7. Service Availability And Support
We aim to provide a reliable Service with a target uptime as published on the Pricing page or as agreed in a separate Service Level Agreement.
Scheduled maintenance, critical security patches, and force majeure events may cause temporary unavailability. We will use reasonable efforts to communicate planned maintenance in advance.
Standard support channels and response times are described in the Documentation. Premium and dedicated support may be offered under specific Subscriptions.
8. Confidentiality
Each party will protect the other party's confidential information with the same care it uses for its own confidential information and not less than reasonable care.
Confidential information does not include information that is or becomes publicly available without breach, was rightfully known prior to disclosure, was independently developed, or was rightfully received from a third party without restriction.
A party may disclose confidential information when required by law, regulation, or judicial order, after giving prompt notice to the other party where legally permissible.
9. Warranties And Disclaimers
We warrant that the Services will be provided with reasonable skill and care and substantially in conformance with the Documentation under normal use.
Except for the express warranties stated in these Terms, the Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Statutory rules, payroll components, tax slabs, PF, ESI, PT, LWF, and TDS rates within the Services reflect rules as understood at the time of update. Customers remain responsible for verifying compliance and consulting their own legal, tax, or HR advisors.
10. Limitation Of Liability And Indemnity
To the maximum extent permitted by Indian law, our aggregate liability under or in connection with these Terms shall not exceed the fees paid by the Customer for the Services in the twelve months preceding the event giving rise to the claim.
Neither party shall be liable for indirect, special, incidental, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, or anticipated savings.
The Customer agrees to indemnify and hold us harmless against any third-party claim arising from the Customer's breach of these Terms, misuse of the Services, or violation of applicable law.
11. Termination And Suspension
Either party may terminate the Services at the end of the Subscription term by providing notice as specified on the Order Form. We may terminate or suspend access for material breach of these Terms, non-payment, or illegal use.
Upon termination, the Customer's right to use the Services ceases. We will retain Customer Data for a reasonable export window as defined in the Documentation, after which data may be permanently deleted in line with our retention practices.
Termination does not relieve the Customer of any payment obligations accrued prior to termination.
12. Modifications To Service And Terms
We may improve, update, or modify the Services from time to time, including adding or retiring features. We will not materially reduce the core functionality of an active paid Subscription without reasonable notice.
We may update these Terms by posting the revised version on the website and updating the "Last reviewed" date. Continued use of the Services after such update constitutes acceptance of the updated Terms.
13. Governing Law And Dispute Resolution
These Terms are governed by and construed in accordance with the laws of India.
Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith discussion. If unresolved, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Bengaluru, India, and the language shall be English.
Subject to the above, the courts at Bengaluru, India shall have exclusive jurisdiction over any matter not subject to arbitration.
14. Force Majeure
Neither party shall be liable for failure to perform its obligations due to events beyond its reasonable control, including natural disasters, pandemics, government action, war, terrorism, civil disturbance, internet or power outages, or third-party infrastructure failures.
The affected party will notify the other party promptly and use reasonable efforts to resume performance.
15. General Provisions
Notices to us must be sent to [email protected] or to our registered office. Notices to the Customer will be sent to the email address on record.
These Terms, together with the Privacy Policy, Order Form, and any referenced documents, constitute the entire agreement between the parties and supersede all prior understandings.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force. A failure to enforce any provision is not a waiver of future enforcement. Neither party may assign these Terms without prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets.
16. Contact
If you have questions about these Terms, write to us at [email protected] or use the contact form at hrmssoftwareinindia.com/contact-us/.