Terms & Conditions

Contents

1. Acceptance of these Terms
2. Definitions
3. Eligibility
4. Accounts & responsibilities
5. Acceptable use
6. Employee consent & privacy responsibilities
7. Subscription plans & billing
8. Data ownership
9. Intellectual property
10. Third-party services
11. Service availability
12. Attendance & payroll disclaimer
13. Termination & suspension
14. Disclaimers
15. Limitation of liability
16. Indemnification
17. Governing law & jurisdiction
18. Changes to these Terms
19. Contact us

1. Acceptance of these Terms

These Terms form a legally binding agreement between you and Nexify Infotech LLP. By accessing or using the Service, you acknowledge that you have read, understood and agree to be bound by these Terms and all policies referenced in them (together, the "Agreement").

In these Terms, "you" refers both to the organisation that subscribes to or uses Attendi and to each individual who accesses the Service. Where an individual uses Attendi on behalf of an organisation, that organisation and the individual are jointly and severally bound by these Terms.

The Agreement consists of these Terms, the Privacy Policy, and any plan selection, order, or subscription confirmation you accept when signing up. If there is any conflict between an order or subscription confirmation and these Terms, the order or subscription confirmation controls for the subject matter it covers.

2. Definitions

In these Terms, unless the context requires otherwise:

• Attendi means the Attendi software, mobile applications, web dashboards, application programming interfaces (APIs), and related services made available by Nexify.
• Nexify Infotech LLP means the provider and operator of the Service, and the owner of the Attendi software and brand.
• Customer or Employer means the organisation, business, or employer that registers for, subscribes to, or uses the Service to manage its workforce.
• Authorized User means an individual whom the Customer permits to access the Service, and includes the following roles:
  • Admin — a user with administrative rights to configure the Customer's account, manage employees, attendance rules, subscriptions, and other users.
  • Manager — a user with rights to oversee a team, including (on eligible plans) field teams, site assignments, and team reports.
  • Employee — a member of the Customer's workforce who uses the Service to record attendance, check in, apply for leave, view payslips, or complete field visits.
• Subscription means the Customer's paid or free access to the Service under a selected plan (Basic, Standard, or Pro) for a given billing period.
• Plan means a tier of the Service (Basic, Standard, or Pro) and the features included in it.
• Content means any information, text, images, selfies, photographs, documents, or other material submitted to, generated in, or made available through the Service.
• Data or Customer Data means all data the Customer and its Authorized Users submit to or generate through the Service, including employee profile data, attendance events, working-hours records, location and geofence data captured during active field visits, face-verification (biometric) data, leave records, and payroll data.
• Field Visit means an on-field work assignment recorded through the Service, during which location and related data may be captured while the visit is active.
• Biometric Data means selfies and derived face templates used for face-verification check-in, which may constitute sensitive personal data under applicable law.

3. Eligibility

The Service is intended for business and organisational use only, to manage a workforce. It is not offered for personal, household, or consumer purposes.

By using the Service you represent and warrant that: (a) you are at least 18 years old and have the legal capacity to enter into a binding contract; (b) if you register or use the Service on behalf of an organisation, you are duly authorised to bind that organisation to these Terms; and (c) you are not barred from using the Service under the laws of India or any other applicable jurisdiction.

The Customer is responsible for ensuring that every Authorized User it permits to access the Service meets these eligibility requirements.

4. Accounts & responsibilities

To use the Service, the Customer must create an account and may invite Authorized Users. You agree to provide accurate, current, and complete information during registration and to keep it up to date.

• Credential security. You are responsible for safeguarding account credentials, one-time passwords (OTPs), and devices used to access the Service, and for all activity that occurs under your account. You must notify us promptly at the contact address below if you suspect any unauthorised access or use.
• Admin controls. Admins are responsible for configuring the account appropriately, including attendance rules, geofences, check-in methods, roles, and permissions, and for enabling or disabling features such as location tracking and face verification in line with these Terms and applicable law.
• Responsibility for users. The Customer is responsible for the acts and omissions of its Authorized Users as if they were the Customer's own, and for ensuring its Authorized Users comply with these Terms.
• Accurate records. You are responsible for the accuracy and integrity of the data you enter, including employee details, salary figures, and leave balances.

5. Acceptable use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not, and must not permit any Authorized User or third party to:

• use the Service in any way that violates any applicable law, regulation, or the rights of any person;
• falsify, manipulate, spoof, or tamper with attendance events, working hours, location or geofence data, or face-verification data — including using mock-location tools, fake GPS, spoofed devices, photographs, or any other means to defeat check-in, geofence, or liveness controls;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the limited extent this restriction is prohibited by applicable law;
• copy, modify, distribute, sell, resell, sublicense, rent, or lease the Service, or make it available to any third party, except as expressly permitted under your Subscription;
• probe, scan, or test the vulnerability of the Service, breach or circumvent any security or authentication measure, or access any data or account you are not authorised to access;
• interfere with or disrupt the integrity or performance of the Service, including by introducing malware, viruses, or malicious code, or by placing an unreasonable load on our infrastructure;
• use automated means to scrape, crawl, or extract data from the Service other than through our documented and authorised APIs;
• use the Service to harass, unlawfully surveil, or track any individual, or in any manner inconsistent with the consent and privacy obligations in Section 6.

6. Employee consent & privacy responsibilities

This section is important. Attendi processes personal data — and in some cases sensitive personal data — about the Customer's employees. The Customer, as the employer, is solely responsible for the lawful collection and use of that data.

In relation to Customer Data about its workforce, the Customer acts as the data fiduciary / controller and determines the purposes and means of processing. Nexify acts as a data processor and processes such data on the Customer's documented instructions in order to provide the Service. The Customer must have a valid lawful basis, and where required obtain informed, specific, and freely given consent from each affected employee, before collecting or processing their data through the Service.

Attendance data

The Customer is responsible for informing its employees that their attendance, check-in, and working-hours data are recorded through Attendi, and for obtaining any consent required under applicable labour and data-protection law before enrolling them.

Location & geofence tracking

On eligible plans, Attendi can capture location and geofence data only while a field visit is active — it is not designed for continuous, 24/7, or off-duty tracking of employees. The Customer must clearly inform affected employees when and why location is captured, obtain any consent required by law, and configure and use location features only for legitimate workforce-management purposes.

Face-verification (biometric) data

On eligible plans, Attendi offers face-verification check-in, which involves capturing selfies and deriving face templates. This may constitute biometric or sensitive personal data. The Customer must obtain each employee's explicit, informed consent before enabling or requiring face verification for that employee, provide a non-biometric alternative where required by law, and comply with all conditions applicable to the processing of biometric data.

Compliance with law

The Customer is responsible for complying with all applicable labour, employment, privacy, and data-protection laws in the jurisdictions where it operates, including India's Digital Personal Data Protection Act, 2023 (the "DPDP Act") and any rules made under it. This includes providing employees with the notices and rights they are entitled to, and maintaining records of consent. For details of how Attendi processes personal data as a processor, and the security measures we apply, please see our Privacy Policy. The Customer agrees not to enable location or biometric features without a lawful basis and the required consents in place.

7. Subscription plans & billing

Plans & pricing

Attendi is offered in three plans — Basic, Standard, and Pro — with different features. Indicative pricing is Basic at ₹0 per month, Standard at ₹120 per month, and Pro at ₹249 per month. The features included in each plan, and the current prices, are described at the point of sign-up and may be updated from time to time as described below.

Free trial

We may offer a 15-day free trial of a paid plan so you can evaluate the Service. Unless stated otherwise at sign-up, at the end of the trial your access will either revert to the Basic plan or continue on the selected paid plan, and any applicable charges will begin.

Billing & renewal

Paid Subscriptions are billed in advance on a recurring monthly cycle unless a different cycle is agreed at sign-up. Subscriptions renew automatically for successive billing periods until cancelled in accordance with Section 13. You authorise us, or our payment processor, to charge the applicable fees to your chosen payment method for each billing period.

Non-payment & suspension

If a payment is declined or fails, or fees remain unpaid, we may suspend, downgrade, or restrict access to the Service (in whole or in part) after reasonable notice, until the outstanding amounts are paid. Suspension does not relieve you of the obligation to pay fees that have accrued.

Price changes

We may change plan features and prices. For changes that affect a paid Subscription, we will give you reasonable advance notice, and the new prices will apply from the start of your next billing period. If you do not agree to a price change, you may cancel before it takes effect.

Taxes

Unless stated otherwise, fees are exclusive of taxes, and you are responsible for all applicable taxes, including Goods and Services Tax (GST), levies, or duties, except for taxes based on Nexify's net income.

Refunds

Except where required by law, fees are non-refundable, including for partial billing periods or unused portions of a Subscription.

8. Data ownership

As between you and Nexify, the Customer owns all Customer Data. We do not claim ownership of your Customer Data.

You grant Nexify a limited, non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, display, and otherwise use Customer Data solely to the extent necessary to provide, secure, maintain, and support the Service, to prevent or address technical or security issues, and to comply with law. We may generate aggregated and de-identified statistics that do not identify you or any individual, and may use those to operate and improve the Service. We do not sell Customer Data.

9. Intellectual property

The Service, including the Attendi software, applications, dashboards, APIs, design, and the "Attendi" name, logos, and other brand features, is owned by Nexify Infotech LLP and its licensors, and is protected by intellectual property and other laws. Except for the rights expressly granted to you in these Terms, no rights in the Service are transferred to you.

Subject to your compliance with these Terms and payment of applicable fees, Nexify grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your internal business purposes during the term of your Subscription.

If you provide suggestions, ideas, or feedback about the Service, you grant Nexify a perpetual, irrevocable, royalty-free licence to use that feedback to improve the Service, without obligation to you.

10. Third-party services

The Service relies on certain third-party providers to function, including, for example, Firebase Cloud Messaging (FCM) for push notifications, 2Factor (2factor.in) for SMS one-time passwords, and cloud hosting infrastructure. These third-party services are provided by their respective owners, and your use of the Service may be subject to those providers' own terms and policies.

Third-party services are provided on an "as is" basis. We are not responsible for the availability, accuracy, or performance of third-party services, or for any loss arising from their acts, omissions, changes, or outages. If you download Attendi from the Apple App Store or Google Play, your use is also subject to the applicable app-store terms.

11. Service availability

We aim to keep the Service available and will use commercially reasonable efforts to do so, but we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. Access may be affected by factors outside our control, including your device, network, connectivity, or third-party services.

We may perform scheduled or emergency maintenance, and may modify, add, or discontinue features of the Service from time to time. Where a change is material, we will use reasonable efforts to notify you. This draft does not include any service-level agreement (SLA) or uptime commitment.

12. Attendance & payroll disclaimer

Attendi is a tool to help you record and manage attendance, working hours, leave, and payroll information. It is your assistant, not your decision-maker. You remain solely responsible for reviewing and verifying the accuracy of attendance records, working-hours calculations, leave balances, and payroll figures before relying on or acting on them.

You are solely responsible for compliance with all statutory obligations relating to your workforce and payroll, including but not limited to minimum wages, overtime, provident fund (PF), Employees' State Insurance (ESI), professional tax, tax deducted at source (TDS), gratuity, and other applicable labour and tax laws. Attendi does not provide legal, tax, accounting, or human-resources advice, and any figures it produces are for convenience only.

13. Termination & suspension

You may stop using the Service and cancel your Subscription at any time through the account controls or by contacting us; cancellation takes effect at the end of the current billing period, and no further charges will apply after that period.

We may suspend or terminate your access to the Service, in whole or in part, if: (a) you materially breach these Terms and do not cure the breach within a reasonable time after notice; (b) fees remain unpaid; (c) your use poses a security, legal, or operational risk; or (d) we are required to do so by law. Where practicable and lawful, we will give you notice.

On termination, your right to access the Service ends. For a limited period after termination, you may request an export of your Customer Data, after which we may delete or de-identify it in the ordinary course, subject to any retention we are required to maintain by law. Provisions that by their nature should survive termination — including Sections 8, 9, 12, 14, 15, 16, and 17 — will survive.

14. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis, without warranties or conditions of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

Without limiting the above, we do not warrant that attendance, geolocation, geofence, or face-verification results will be complete, accurate, or free from error in all conditions, as these depend on device hardware, sensors, network conditions, lighting, and other factors outside our control. You are responsible for independently verifying results as described in Section 12.

15. Limitation of liability

To the maximum extent permitted by applicable law, Nexify Infotech LLP and its partners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business, arising out of or in connection with the Service or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the total aggregate liability of Nexify arising out of or in connection with the Service or these Terms will not exceed the total fees paid by the Customer to Nexify for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Nexify Infotech LLP and its partners, employees, and agents from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your or your Authorized Users' use of the Service; (b) your Customer Data; (c) your failure to obtain required employee consents or to comply with applicable labour or data-protection laws, including in relation to location tracking and biometric data; (d) your violation of these Terms; or (e) your infringement or misappropriation of any third party's rights.

17. Governing law & jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.

Subject to any applicable law, the courts at [city], India will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.

18. Changes to these Terms

We may update these Terms from time to time to reflect changes to the Service, our business, or legal requirements. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you through the Service or by email.

Changes take effect when posted, unless stated otherwise. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

19. Contact us

If you have any questions about these Terms, please contact us:

• Nexify Infotech LLP
• Email: support@attendi.in
• Registered office: [registered office address], India
• Website: nexify.co.in