Terms and Conditions

1. 📜 Intellectual Property

All intellectual property on the Website is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us.

All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Indian and other copyright laws and is the proprietary property of the Company. All rights reserved.

2. 💻 License and Use of Software

Subject to your compliance with these Terms and Conditions and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the TrackLabs software and services for your internal business purposes only.

Prohibited Actions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service
• Remove or alter any proprietary notices on the Service
• Use the Service in any way that violates applicable laws or regulations

We may provide you with documentation, training materials, and other resources to assist in your use of the Service ("Company Materials"). The Company Materials are provided for your use only and may not be reproduced, distributed, or used for any other purpose without our prior written consent.

3. 👤 Account and Account Use

If your use of the Website requires an account identifying you as a user of the Website (an "Account"), you agree that:

• Account Responsibility: You are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission
• Security Notifications: You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account
• Accurate Information: You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate

4. 💳 Payment

When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

Payment Authorization

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

Payment Processing

• If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price
• If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you
• We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

5. ☁️ Software as a Service

TrackLabs provides a cloud-based Software as a Service (SaaS) platform for time tracking and employee monitoring ("Service"). By subscribing to our Service, you are granted a limited, non-exclusive, non-transferable license to access and use the Service in accordance with the plan you have subscribed to.

Free Trial

We offer a 2-Day Free Trial for new users to evaluate the Service. After the trial period, continued use of the Service requires an active paid subscription. Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan.

Cancellation Policy

You may cancel your subscription at any time. Upon cancellation, you will continue to have access to the Service until the end of your current billing period. No refunds will be provided for partial subscription periods, except as required by applicable law.

Pricing Changes

We reserve the right to modify our pricing and service plans at any time. Any changes to pricing will be communicated to you at least 30 days in advance and will take effect at the start of your next billing cycle.

6. ✓ Acceptable Use

You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of TrackLabs.

Prohibited Activities

You further agree not to use and/or access the Website:

• To harass, abuse, or threaten others or otherwise violate any person's legal rights
• To violate any intellectual property rights of us or any third party
• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another
• To perpetrate any fraud
• To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme
• To publish or distribute any obscene or defamatory material
• To publish or distribute any material that incites violence, hate or discrimination towards any group
• To unlawfully gather information about others

7. 🔒 Data Privacy and Ownership

Through your use of the Service, you may provide us with certain information, including data about your employees' work activities, time tracking data, and other business information ("Customer Data"). You retain all ownership rights to your Customer Data.

Data Usage

By using the Service, you grant us a limited license to process, store, and display your Customer Data solely for the purpose of providing the Service to you. We will not sell, share, or disclose your Customer Data to third parties except as necessary to provide the Service or as required by law.

Your Responsibilities

You are responsible for ensuring that your use of the Service and collection of employee data complies with all applicable laws, including data protection and privacy laws, and that you have obtained all necessary consents from your employees for monitoring and tracking their activities.

Data Collection

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name, company name, and billing information. We may also collect information through web technologies such as cookies, log files, and analytics tools to improve the Service.

Data Security

We implement industry-standard security measures to protect your Customer Data. However, you acknowledge that no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security of your data.

Data Retention

If you choose to terminate your account, we will retain your Customer Data for a period of 90 days to allow for account reactivation. After that time, all Customer Data will be permanently deleted from our systems, except as required to be retained by applicable law.

8. 🛡️ Reverse Engineering & Security

You may not undertake any of the following actions:

• Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website
• Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network

9. 💾 Data Backup and Loss

While we implement regular backup procedures to protect your Customer Data, we strongly recommend that you maintain your own independent backups of any critical data. We are not responsible for any data loss, corruption, or breach that may occur despite our security measures.

10. ⚖️ Indemnification

You defend and indemnify TrackLabs and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions.

We will select our own legal counsel and may participate in our own defense, if we wish to so.

11. 🌐 Service Availability and Interruptions

We strive to maintain high availability of the Service and aim for 99.5% uptime, excluding scheduled maintenance. However, we do not guarantee uninterrupted access to the Service.

Planned and Unplanned Maintenance

We may need to interrupt your access to the Service to perform scheduled maintenance, which we will communicate in advance when possible, or emergency maintenance on an unscheduled basis. We may also suspend or restrict access to the Service if we detect unusual activity, security threats, or violations of these Terms.

Service Interruptions

You agree that your access to the Service may be affected by unanticipated or unscheduled downtime for any reason, including but not limited to system failures, network issues, or third-party service interruptions. We will have no liability for any damage or loss caused as a result of such downtime, except as expressly required by applicable law.

12. 🚪 Termination and Suspension

Termination by You

You may terminate your subscription and Account at any time through your account settings or by contacting our support team. Upon termination by you, your subscription will remain active until the end of your current billing period, after which your access to the Service will be discontinued.

Termination by TrackLabs

We may, in our sole discretion, suspend, restrict, or terminate your Account and access to the Service, effective immediately and without prior notice, for any of the following reasons:

• Non-payment of subscription fees or any amounts due to us
• Breach of any term or condition of these Terms and Conditions
• Use of the Service in a manner that violates applicable laws or regulations
• Use of the Service that impairs the operation or efficiency of our systems or networks
• Receipt of complaints from third parties regarding your use or misuse of the Service
• Suspected fraudulent activity or security threats
• Violation of the acceptable use provisions outlined in Section 6

Effect of Termination

Upon termination by us, you will immediately lose access to the Service and all Customer Data. We may, at our discretion, provide you with a limited period to export your data before permanent deletion, but we are under no obligation to do so.

13. ⚠️ No Warranties

Service Disclaimers

We make no warranties or representations that:

• The Service will meet your specific requirements or business needs
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• The quality of the Service will meet your expectations
• Any errors or defects in the Service will be corrected

User Risk

You acknowledge that your use of the Service is at your sole risk. Any data, information, or material obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such access.

No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated in these Terms.

14. 👥 Employee Monitoring and Consent

As a customer using TrackLabs for employee monitoring and time tracking, you acknowledge and agree that:

• You are solely responsible for ensuring compliance with all applicable laws and regulations regarding employee monitoring in your jurisdiction
• You must obtain all necessary consents and authorizations from your employees before using the Service to monitor their activities
• You must provide clear notice to your employees about the nature and extent of monitoring being conducted
• You will use the monitoring features of the Service only for legitimate business purposes
• You will not use the Service to violate any employee's privacy rights or engage in any unlawful surveillance

15. 📡 Communications and Privacy

Internet communications are subject to interception, loss, or alteration. You acknowledge that any information or data you provide by electronic means may not be completely secure, and that communications by email or through the Service may be intercepted, altered, or lost.

For detailed information about how we collect, use, store, and protect your personal information and Customer Data, please refer to our Privacy Policy.

16. 💼 Limitation on Liability

Maximum Liability

The maximum aggregate liability of TrackLabs for any claims arising out of or relating to these Terms or your use of the Service is limited to the greater of:

• Ten thousand (₹10,000) Indian Rupees; or
• The total amount of subscription fees you paid to TrackLabs in the twelve (12) months immediately preceding the event giving rise to the liability

This limitation applies regardless of the legal theory on which the claim is based, including breach of contract, breach of warranty, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.

17. 🏛️ Governing Law and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Jurisdiction

Any disputes arising out of or relating to these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts located in India. You consent to the personal jurisdiction of such courts and waive any objection to the venue of any such court.

Informal Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at our support email. We will make reasonable efforts to resolve the dispute within 30 days of receiving your notice.