Terms of Service

1. Who we are and what these terms cover

These Terms of Service ("Terms") are an agreement between you and VIJAY HARISHCHAND CHAURASIA ("we", "us" or "our"), who provides BlueOneHR under the brand BlueOneHR by तंत्र Stack. Our address is 1501, Paradise Heights, MHADA Complex, Chikuwadi, Borivali West, Mumbai 400092, Maharashtra, India. The Terms apply to your use of BlueOneHR, including your workspace, your free trial and any paid subscription.

By creating a workspace, by accepting these Terms when you sign up, or by using the service, you agree to these Terms and to the Privacy Policy, which explains how personal data is handled. If you accept on behalf of an organisation, you confirm that you are authorised to accept them for that organisation, and "you" then means the organisation. If you do not agree, do not use the service.

BlueOneHR is offered to businesses and other organisations. You can reach us through WhatsApp support or at support@blueonehr.com (section 16).

2. Definitions

• Service means BlueOneHR: the modules listed on the pricing page, the mobile app, and the sign-up and billing portal.
• Workspace means the instance of BlueOneHR set up for you.
• Customer Data means all data that you or your users put into the Workspace, including personal data of your employees and other people, and the records the Workspace produces from it.
• Users means the people you allow to use your Workspace, including employees who sign in.
• Fees means the amounts payable for the paid subscription, and Billing Period means each month for which Fees are charged.
• DPDP Act means India's Digital Personal Data Protection Act, 2023.

3. The service

BlueOneHR covers HR and payroll work: employee records, attendance, leave, payroll, statutory compliance and related modules. Each customer has a Workspace of their own, provisioned when they sign up, running as its own application process with its own database and media storage.

We can improve, change, add or retire features. Some features can be described as in development or not yet released, and are not part of the Service until they are released. If we make a change that materially reduces the core functionality of a paid subscription, we will tell you before it takes effect.

4. Your account and responsibilities

You start by giving an e-mail address. We send a six digit code to confirm it, then ask for your name, your organisation and your country, and we set up a Workspace. The sign-up form asks you to accept these Terms and the Privacy Policy, and to confirm that you are authorised to accept them for your organisation. We record the time at which you accepted.

You are responsible for:

• the information you give us, which must be accurate and kept up to date;
• deciding who your Users are, what each of them can see and do, and removing access for people who leave;
• keeping the employee records in your Workspace up to date, because the number of active employees in it sets your Fees (section 7);
• keeping sign-in credentials confidential, and telling us promptly if you think an account has been used without permission;
• everything done through your Workspace by you and your Users;
• the Customer Data, including having the right to put it into the Service and to use it as you do (section 11);
• checking payroll, attendance, leave and statutory outputs before you rely on them (section 17).

5. Acceptable use

You and your Users must not:

• use the Service in breach of any law, or to infringe anyone's rights, including privacy and intellectual property rights;
• put into the Service data that you have no right to use, or data about people that you are not entitled to handle;
• try to gain access to another customer's Workspace or data, or to parts of the Service you are not permitted to use;
• probe, scan or test the security of the Service without our written permission, or interfere with or overload it;
• introduce malware, or send unsolicited or unlawful messages through the Service;
• copy, resell, sublicense or provide the Service to others as a service of your own, or reverse engineer it except where the law allows this despite this clause;
• use the Service to build a competing product, or to harass, defraud or harm anyone.

6. The free trial

Every new Workspace starts with a 30-day free trial of the whole platform, from the day your Workspace is ready. No card is needed to start, and nothing is charged if you do not convert. Section 10 says what happens when the trial ends. The free trial is provided without warranty.

7. The subscription, billing and employee count

7.1 The subscription

After the trial there is one plan, named BlueOneHR. It costs ₹75 per employee per month, with a minimum of 20 employees, and all modules are included. The approved volume discount shown on the pricing page applies. We bill monthly, in Indian rupees. The price excludes taxes.

7.2 How many employees are billed

The number of employees billed is the number of active employees in your BlueOneHR Workspace, with a minimum of 20. An employee counts as active until their record is archived in the Workspace, so a leaver whose record has not been archived is still counted.

The count is read from your Workspace at the start of each Billing Period, and that count sets the Fees for the whole period. For your first paid month, the count is taken when we issue the first invoice. Employees added or removed during a period change the count from the next period. Fees are not adjusted or prorated within a period.

7.3 When you are invoiced

The first paid month is invoiced in advance. When you convert to a paid subscription after your trial has ended, we issue one invoice for one full month, starting from the moment that invoice is issued. Nothing is charged for the days between the end of your trial and that invoice. If you convert before your trial ends, your first paid month starts when the trial ends.

Every later month is invoiced after the month ends, on the count taken at the start of that month.

7.4 Price changes

We can change the price for future Billing Periods. We will give you at least 30 days' notice, by e-mail to the address on your account, before a new price applies to you. A change never affects a Billing Period that has already started, and you can cancel before it takes effect.

8. Invoices and tax

The price excludes taxes. Applicable taxes, if any, are shown separately before payment.

The document we issue for the Fees is a commercial invoice. It is issued in the name of VIJAY HARISHCHAND CHAURASIA, at 1501, Paradise Heights, MHADA Complex, Chikuwadi, Borivali West, Mumbai 400092, Maharashtra, India. GST is not charged on the invoice at present. Tax treatment may change. Invoices are available as PDF in the billing portal.

9. Payment, cancellation and refunds

How you pay. Invoices are payable through the billing portal or by the method we agree with you in writing. An invoice is due when it is issued, unless it states a later date. Online payment through the billing portal is being enabled and is not yet available to everyone. We will tell you when it is available to you. When it is, it is handled by a third-party payment provider, currently Cashfree, on the provider's own hosted checkout. The BlueOneHR billing system does not store the payment details you enter with the provider. It keeps payment references and status, and the records of the events the provider reports to it about a payment.

Late payment. If an invoice is not paid when it is due, the Fees stay due. After telling you, we can put the Workspace into the read-only state described in section 10, or suspend access, until everything overdue has been paid. When it has been paid, the same Workspace is restored. Nothing is deleted.

Cancellation. You can cancel a paid subscription at any time by contacting us through WhatsApp support or support@blueonehr.com. Cancellation takes effect at the end of the current Billing Period. You keep access until then, you pay the Fees for that period, and you are not billed for any period after it.

Refunds. We do not refund automatically. Fees already paid are not refunded for a Billing Period that has started, unless we charged you in error or the law requires otherwise. Where a refund is due, we make it manually, on request, and pay it back through the provider that took the payment where we can. If we end the Service, section 20 applies.

10. Expiry and the read-only state

When your free trial ends, the Workspace becomes read-only. Read-only means that you can still see all your data, that changes are switched off, and that the billing portal and your account stay available. Nothing is deleted. Attendance punches from biometric devices and the mobile app are still recorded. There is no grace period.

When you convert to a paid subscription and pay, the same Workspace is restored, with your data as it was. Fees that are due stay due while a Workspace is read-only.

Read-only access applies to workspaces created from now on. A Workspace created earlier can instead have its sign-in paused until you pay. Either way, nothing is deleted at the end of the trial.

We do not delete an unconverted Workspace automatically, and these Terms set no maximum period for keeping one. You can ask us to delete it at any time (section 11.4).

11. Your data

11.1 Ownership and licence

As between you and us, you own the Customer Data. You give us a licence to host, copy, process and display it only as needed to provide the Service to you, to keep it secure, to give you the support you ask for, and to meet our legal obligations. We do not claim ownership of it.

11.2 Roles under data protection law

For personal data of your employees and other people that you put into the Workspace, you are the controller (called the Data Fiduciary in the DPDP Act) and we are your processor (the Data Processor). We process that data only on your instructions, which are these Terms and your use of the features of the Service.

You are responsible for having a lawful ground to collect and use the data, for giving your employees the notices the law requires, including about location and photographs where you use those features, for the accuracy of the data, and for who can see it. For the sign-up, billing and portal data about you and your contacts, we decide why and how it is used, and we are the controller, as the Privacy Policy explains.

11.3 What we do as your processor

We keep Customer Data confidential (section 15), apply the security measures described in section 12 and in the Privacy Policy, use the third parties listed in the Privacy Policy only to run the Service, and help you respond to requests from your employees under data protection law, as far as is reasonably possible. If we become aware of a personal data breach affecting your Customer Data, we will tell you without undue delay. This section is the data processing terms between us. There is no separate agreement unless we both sign one.

11.4 Copies and deletion

We do not have a self-service tool today for exporting or deleting a whole Workspace. We handle these requests ourselves. On request, sent by e-mail or through WhatsApp support, we will give you a copy of your Customer Data in a commonly used format, using reasonable efforts. On your request, we will delete your Workspace and the Customer Data in it from our live systems within a reasonable time. Copies in backups are overwritten as the backups expire, as the Privacy Policy explains. We can keep records that the law requires us to keep, such as invoice records. We do not delete a Workspace automatically, whether after a trial or after the agreement ends, and these Terms set no maximum period for keeping one.

12. Security

We take reasonable measures to protect the Service and Customer Data. The measures in place today are described in the Privacy Policy. They include encrypted connections (HTTPS), access that is denied unless a role allows it, hashed single-use sign-in and activation links, signature checks on payment notifications, and a separate application process and database for each Workspace.

No system is completely secure, and we do not promise that the Service will never be breached or interrupted. We make no claim of any security certification or audit. You are responsible for your Users' credentials and devices (section 4).

13. Third-party providers

We use third-party providers to run the Service: for hosting (Google Cloud), for DNS and for sending e-mail from the sign-up and billing systems (GoDaddy), for payment processing (currently Cashfree, once online payment is available to you) and, depending on how a Workspace is set up, for push notifications, sign-in with a Google account and similar features. The Privacy Policy lists them and the data each receives. A provider's own terms apply to the parts of the Service that use it.

We are responsible to you for our own use of these providers under these Terms. We are not responsible for systems that you connect to your Workspace yourself, such as your own mail service, Snipe-IT, LDAP or Google Drive.

14. Intellectual property

We own the Service, including its software, design, documentation and names, and all intellectual property rights in them. While your trial or subscription is in force, we give you a non-exclusive, non-transferable right to use the Service for your own internal business purposes, on these Terms. No other right is given. The Service includes open-source software, which stays under its own licences.

If you send us feedback or suggestions, we can use them without obligation to you. This does not give us any right in your Customer Data.

15. Confidentiality

Each of us must keep the other's confidential information confidential, use it only for the purposes of these Terms, and share it only with employees, advisers and service providers who need it and who are bound to keep it confidential. Your Customer Data is your confidential information. The non-public parts of the Service are ours.

This does not apply to information that is or becomes public without a breach of these Terms, that the receiving side already knew or developed on its own, or that it lawfully received from someone else. Either of us can disclose confidential information if the law, a court or an authority requires it, and, where the law allows, after telling the other. These obligations continue while the agreement is in force and for three years after it ends, and for Customer Data for as long as we hold it.

16. Support and contact

We support you through WhatsApp support and by e-mail at support@blueonehr.com. Support is provided by VIJAY HARISHCHAND CHAURASIA, who owns the product and the business. Our address is 1501, Paradise Heights, MHADA Complex, Chikuwadi, Borivali West, Mumbai 400092, Maharashtra, India.

We use reasonable efforts to keep the Service available and to answer support requests promptly. We have not defined support hours, and we do not promise a response time, an uptime percentage or guaranteed availability. The Service can be unavailable from time to time, for example for maintenance or because of events outside our control.

17. Warranties

We will provide the Service with reasonable skill and care. Except as stated in these Terms, and to the extent the law allows, the Service is provided "as is" and "as available", and we give no other warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the Service will be uninterrupted or that it will contain no errors.

Payroll, attendance, leave and compliance outputs depend on the data, rules and settings that you supply and configure. You must review them before you rely on them, and you remain responsible for your payroll decisions and your statutory filings. The Service does not give legal, accounting or HR advice.

18. Limitation of liability

To the extent the law allows:

• neither of us is liable to the other for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or expected savings;
• our total liability to you arising out of or in connection with these Terms, for all claims together, is limited to the Fees you paid us for the Service in the twelve months before the event that gave rise to the claim.

Nothing in these Terms limits any liability that cannot be limited by law, including liability for fraud or wilful misconduct. The limits in this section do not apply to your obligation to pay Fees that are due.

19. Indemnity

You will indemnify us against claims by third parties, and the losses and reasonable legal costs that result, to the extent they arise from the Customer Data or your instructions (including where you had no right or lawful ground to collect or use data about a person), from your breach of section 5, or from your breach of law in using the Service.

We will tell you promptly of a claim, let you control its defence and settlement, and give you reasonable help at your cost. You will not settle a claim in a way that admits fault on our part without our agreement.

20. Suspension and termination

• By you. You can stop using the Service at any time. Cancelling a paid subscription is described in section 9.
• Suspension. We can suspend access, in whole or in part, at once if your use breaches section 5 or puts the security of the Service or of other people at risk, or if a court or an authority requires it. We will tell you why, and will restore access when the reason has been dealt with. Non-payment is dealt with in section 9.
• Breach. Either of us can end the agreement by written notice if the other commits a material breach of these Terms and does not put it right within 30 days of being told, or at once if it cannot be put right.
• Ending the Service. We can stop offering the Service as a whole. If we do, we will give you at least 30 days' notice and refund the Fees you have paid for the part of the paid period that you cannot use.

When the agreement ends, your right to use the Service ends, and Fees that are due remain payable. Section 11.4 applies to your Customer Data. Sections 11.4, 14, 15, 17, 18, 19, 22 and 23 continue after the agreement ends, and so does section 7 for Fees that are due.

21. Changes to these terms

The top of this page shows a version number and the effective date. We can change these Terms. For a change that materially affects your rights, we will give you at least 30 days' notice, by e-mail to the address on your account or by a notice in the Service, before the change applies to you. If you do not agree, you can cancel before it applies. If you keep using the Service after it applies, you accept the changed Terms. A change needed to comply with law, or to correct an error, can apply sooner. Price changes are dealt with in section 7.4.

22. Governing law and disputes

These Terms are governed by the laws of India. The courts at Mumbai, Maharashtra, have exclusive jurisdiction over any dispute arising out of or in connection with them. Before starting court proceedings, each of us will first raise the dispute with the other in writing and try in good faith to resolve it within 30 days. This does not prevent either of us from seeking urgent relief from a court.

23. General

• Notices. We can give you notice by e-mail to the address on your account, or by a notice in the Service. You can give us notice at support@blueonehr.com, or by post to the address in section 1.
• Assignment. You cannot transfer these Terms without our written consent. We can transfer them to a successor to our business, and will tell you if we do.
• Severability. If a part of these Terms is found to be unenforceable, the rest continues in force.
• No waiver. A delay in enforcing a right is not a waiver of it.
• Events outside our control. Neither of us is liable for a delay or failure caused by an event outside its reasonable control. This does not excuse a payment that is due.
• Relationship. We are independent contractors. These Terms create no partnership, agency or employment between us, and no right for anyone who is not a party to them.
• Electronic record. These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it. They are generated by a computer system and need no physical or digital signature.
• Entire agreement. These Terms, the Privacy Policy and any invoice we issue to you are the entire agreement between us about the Service. They replace any earlier understanding about it.