Terms of service.

1. Acceptance

By creating an EmployeeSight account or clicking “Accept” on a subscription Order Form, you agree to these Terms of Service on behalf of the legal entity you represent (the “Customer”). You confirm you have the authority to bind that entity to these Terms.

2. The service

EmployeeSight provides a cloud-hosted HR, payroll, attendance, and workforce-intelligence software service (the “Service”). The Service is described on this site at /platform and in the Order Form. We may update the Service from time to time; we will not materially reduce a paid feature without notice.

3. Accounts & access

You are responsible for maintaining the security of your account credentials, for the actions of all users you authorise, and for ensuring that authorised users comply with these Terms. Notify us immediately of any unauthorised access.

4. Acceptable use

• Use the Service only for lawful HR and workforce-management purposes.
• Do not upload data you don’t have the right to upload.
• Do not attempt to monitor employees in violation of Indian labour law, the DPDP Act 2023, or the law of any other jurisdiction where the monitored employee is located.
• Do not attempt to circumvent the Service’s privacy defaults (e.g., private hours, screenshot-off-by-default) without obtaining the affected employees’ informed consent in line with applicable law.
• Do not reverse-engineer, scrape, or resell the Service.

5. Customer data

Customer Data is and remains the property of the Customer. You grant EmployeeSight a limited, non-exclusive licence to process Customer Data solely as necessary to provide the Service and to comply with applicable law. We process customer-employee personal data as a Data Processor per the Data Processing Addendum.

6. Subscription & fees

Subscriptions are billed per active employee per month, in advance, on your billing date. Annual subscriptions are paid upfront and discounted. INR is the locked currency for beta; USD pricing during the beta period is preview-only until General Availability. All fees are exclusive of GST and other applicable Indian taxes, which the Customer is responsible for paying.

7. Beta access

The 14-day beta-access programme provides a working EmployeeSight workspace at no charge. We provision your workspace within one business day of your demo. No credit card is required. The beta converts to a paid subscription only on your explicit instruction; absent that, the workspace pauses at the end of the beta period and Customer Data is retained for ninety (90) days for re-activation, per §10.

8. Confidentiality

Each party agrees to keep the other’s Confidential Information confidential, to use it only as necessary to perform under these Terms, and to apply at least the same degree of care it uses for its own confidential information of like importance (and in no case less than reasonable care). This obligation survives termination for three (3) years.

9. Intellectual property

EmployeeSight retains all right, title, and interest in and to the Service, including all software, documentation, and improvements (including improvements suggested by Customer feedback, which becomes non-confidential and freely usable by EmployeeSight). Customer retains all right, title, and interest in Customer Data.

10. Termination & data export

Either party may terminate for material breach with thirty (30) days’ written notice and an opportunity to cure. On termination, Customer Data is retained for ninety (90) days during which the Customer may export it via in-product tooling. After ninety (90) days, Customer Data is deleted per the schedule in our privacy policy. Statutory retention (e.g., payroll records for eight (8) years per the Income Tax Act, 1961) survives termination.

11. Warranties & disclaimers

EmployeeSight warrants that the Service will be performed in accordance with its published documentation. Except as expressly stated in these Terms, the Service is provided “as is” and EmployeeSight disclaims all other warranties to the maximum extent permitted by the Indian Contract Act, 1872 and the Sale of Goods Act, 1930.

12. Limitation of liability

Except for breaches of confidentiality (§8), indemnification obligations (§13), and a party’s gross negligence or wilful misconduct, each party’s aggregate liability under these Terms is limited to the fees paid by the Customer to EmployeeSight in the twelve (12) months preceding the event giving rise to the claim. Neither party is liable for indirect, consequential, special, incidental, or punitive damages, including loss of profits, revenue, data, or business opportunity.

13. Indemnification

EmployeeSight will defend the Customer against any third-party claim that the Service infringes a valid Indian patent, copyright, or trademark, and will pay damages finally awarded by a court of competent jurisdiction (subject to the cap in §12). The Customer will defend EmployeeSight against any third-party claim arising out of Customer Data or the Customer’s breach of §4 (Acceptable use), and will pay damages finally awarded (subject to the cap in §12).

14. Force majeure

Neither party is liable for any delay or failure caused by events beyond its reasonable control, including acts of God, natural disasters, war, civil unrest, regulatory action, or widespread internet outages.

15. Changes

We may update these Terms with reasonable notice — at least thirty (30) days for material changes, communicated by in-product banner and email to administrators. If you don’t agree to an update, you may terminate before it takes effect.

16. Governing law & jurisdiction

These Terms are governed by the laws of India. Disputes are subject to the exclusive jurisdiction of the courts at Noida, Uttar Pradesh.

17. Notices

All notices to EmployeeSight must be sent to sales@employeesight.com and to Iconic Tower, The Corenthum, Sector 62, Noida 201309, Uttar Pradesh, India. Notices to the Customer are sent to the admin email on the Customer’s account.

18. Miscellaneous

• Severability: If any provision is held unenforceable, the remaining provisions remain in full force.
• No assignment: Neither party may assign these Terms without the other’s written consent, except in connection with a merger, acquisition, or sale of all or substantially all assets.
• Entire agreement: These Terms, together with the Order Form, the Privacy Policy, and the DPA, constitute the entire agreement between the parties.
• No waiver: Failure to enforce a provision is not a waiver of the right to enforce it later.