Terms of Service

1. Definitions

In these Terms of Service:

• "Service" refers to the Kriya Hub platform, including web application, mobile applications, and related services.
• "Company", "We", "Us", "Our" refers to Nuvolix Softech Private Limited, a company registered in India.
• "Customer" refers to the organization that subscribes to the Service.
• "User" or "You" refers to any individual authorized by a Customer to use the Service.
• "Administrator" refers to a User with administrative privileges for their organization.
• "Employee Data" refers to personal and employment-related data of Users processed through the Service.
• "Content" refers to any data, information, or materials uploaded to or generated through the Service.

2. Acceptance of Terms

2.1 Agreement to Terms

By accessing or using the Service, you represent that:

• You have read, understood, and agree to be bound by these Terms
• You are at least 18 years of age
• You have the legal authority to enter into this agreement
• If using on behalf of an organization, you have authority to bind that organization

2.2 Additional Agreements

Your use of the Service may also be governed by:

• Our Privacy Policy
• Our Cookie Policy
• Any Master Service Agreement (MSA) between your organization and us
• Any Data Processing Agreement (DPA) applicable to your organization

3. Service Description

3.1 Overview

Kriya Hub is a comprehensive Human Resource Management System (HRMS) that provides:

• Attendance management and tracking
• Leave management
• Timesheet and project tracking
• Payroll processing
• Employee self-service portal
• Performance management
• Recruitment and onboarding
• Document management
• Helpdesk (KriyaDesk)
• Reporting and analytics

3.2 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance or security updates
• Factors beyond our reasonable control

3.3 Service Modifications

We reserve the right to modify, update, or discontinue features of the Service. For material changes affecting Customer operations, we will provide reasonable advance notice.

4. User Accounts

4.1 Account Creation

Accounts are created by Customer Administrators or through employer onboarding processes. You agree to:

• Provide accurate and complete information
• Maintain the security of your login credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

4.2 Account Security

You are responsible for:

• Keeping your password confidential
• Using strong, unique passwords
• Logging out from shared devices
• Not sharing your credentials with others

4.3 Account Termination

Your account may be terminated by:

• Your organization's Administrator
• Us, for violation of these Terms
• Termination of your organization's subscription

5. Acceptable Use

5.1 Permitted Uses

You may use the Service only for:

• Legitimate business purposes related to your employment
• Managing your own employee information and tasks
• Accessing features authorized by your organization

5.2 Prohibited Activities

You agree NOT to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Upload malicious code, viruses, or harmful content
• Impersonate another person or entity
• Harvest or collect user information without consent
• Use the Service to send spam or unsolicited communications
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices
• Use the Service in violation of export control laws
• Share your account credentials with unauthorized persons
• Attempt to bypass any security measures

5.3 Content Guidelines

You are responsible for all Content you upload and agree not to upload Content that:

• Is false, misleading, or fraudulent
• Infringes on intellectual property rights
• Contains personal data without proper authorization
• Is defamatory, harassing, or discriminatory
• Violates any applicable law or regulation

6. Data Privacy and Security

6.1 Data Processing

Our collection and use of personal data is governed by our Privacy Policy. By using the Service, you acknowledge and consent to our data practices as described therein.

6.2 Customer Data Ownership

As between us and the Customer:

• The Customer retains ownership of all Employee Data
• We process data only as necessary to provide the Service
• We do not sell Customer data to third parties

6.3 Data Security

We implement industry-standard security measures including:

• Encryption of data in transit and at rest
• Access controls and authentication
• Regular security assessments
• Employee security training

6.4 Data Breach Notification

In the event of a data breach affecting Customer data, we will notify affected Customers as required by applicable law and our Data Processing Agreement.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content, is owned by Nuvolix Softech Private Limited and protected by intellectual property laws. You may not:

• Copy, modify, or distribute our intellectual property
• Create derivative works based on the Service
• Use our trademarks without written permission

7.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose during your subscription term.

7.3 Your Content

You retain ownership of Content you upload to the Service. By uploading Content, you grant us a license to host, store, and process that Content as necessary to provide the Service.

7.4 Feedback

If you provide feedback or suggestions about the Service, we may use this feedback without obligation to you.

8. Payment Terms

8.1 Subscription Fees

Access to the Service requires a paid subscription by your organization. Payment terms are specified in the Customer's Master Service Agreement.

8.2 Fee Changes

We may modify subscription fees with 30 days' notice. Continued use after fee changes constitutes acceptance of new fees.

8.3 Taxes

All fees are exclusive of applicable taxes (including GST in India). Customers are responsible for all applicable taxes.

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that the Service will perform substantially in accordance with its documentation during the subscription term.

9.2 Disclaimer

9.3 No Guarantee

We do not warrant that:

• The Service will meet all your requirements
• The Service will be uninterrupted or error-free
• All errors will be corrected
• The Service is free of viruses or harmful components

10. Limitation of Liability

10.1 Exclusion of Damages

10.2 Liability Cap

Our total liability for any claims arising from these Terms or the Service shall not exceed the fees paid by the Customer in the twelve (12) months preceding the claim.

10.3 Exceptions

The limitations in this section do not apply to:

• Breach of confidentiality obligations
• Intellectual property infringement
• Gross negligence or willful misconduct
• Liability that cannot be limited by applicable law

11. Indemnification

11.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Nuvolix Softech Private Limited and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms
• Your use of the Service
• Content you upload to the Service
• Your violation of any third-party rights

11.2 Our Indemnification

We will indemnify Customers against third-party claims that the Service infringes their intellectual property rights, subject to the terms of the applicable Master Service Agreement.

12. Termination

12.1 Termination by Customer

Customers may terminate their subscription in accordance with their Master Service Agreement.

12.2 Termination by Us

We may suspend or terminate access to the Service:

• For violation of these Terms
• For non-payment of fees
• If required by law
• To protect the security or integrity of the Service

12.3 Effect of Termination

Upon termination:

• Your right to use the Service ends immediately
• Customer data will be retained for 30 days, then deleted
• Provisions that should survive termination will remain in effect

12.4 Data Export

Prior to termination, Customers may request export of their data in accordance with our data retention policy.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

1. Negotiation: Good faith discussions between the parties
2. Mediation: If negotiation fails, through mediation
3. Arbitration: If mediation fails, through binding arbitration under the Arbitration and Conciliation Act, 1996

13.3 Jurisdiction

The courts of Chennai/Madurai, Tamil Nadu, India shall have exclusive jurisdiction over any matters not subject to arbitration.

14. Changes to Terms

14.1 Modifications

We may modify these Terms at any time. We will notify users of material changes through:

• Email notification to registered users
• Notice within the Service
• Updating the "Last Updated" date

14.2 Acceptance of Changes

Continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to changes, you must stop using the Service.

15. Contact Information

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any applicable MSA or DPA, constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.

16.3 Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

16.4 Assignment

You may not assign your rights or obligations under these Terms. We may assign our rights and obligations to an affiliate or successor.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, or internet service interruptions.

16.6 Language

These Terms are provided in English. In case of any conflict between translations, the English version shall prevail.