Terms of Service

1.1 ArbeitsUhr (the "Service") is a cloud-based workforce management platform. It includes the website arbeitsuhr.com, the admin console at cube.arbeitsuhr.com, the ArbeitsUhr mobile and desktop applications, and the related APIs.

1.2 Features may include attendance and working-time recording, clock-in with location capture, breaks, shifts, leave and absence management, projects and tasks, customer and contact records, and employee profile management.

1.3 We may improve, change or discontinue features. We will give reasonable notice of any change that materially reduces core functionality.

2.1 The Service is provided only to businesses, organizations and professionals for business purposes. It is not offered to consumers.

2.2 You confirm that you are not entering into these Terms as a consumer under any applicable consumer protection law.

3.1 You may allow your employees, contractors and administrators ("Authorized Users") to use the Service. You are responsible for their actions as if they were your own.

3.2 You must keep login credentials and OTP codes confidential. Tell us promptly at info@arbeitsuhr.com if you suspect unauthorized access.

3.3 Information you give us during registration must be accurate and kept up to date.

4.1 You are the data controller (or "data fiduciary" under Indian law) for all personal data about your Authorized Users and other individuals that you or they enter into the Service ("Customer Data"). Rayz Infotech processes Customer Data only on your instructions, as set out in the Data Processing Agreement ("DPA").

4.2 You represent, warrant and undertake that:

1. you have a valid legal basis under all applicable laws to collect and process Customer Data, including attendance records, location data, bank, salary, tax, health-insurance and identity-document details;
2. you have given your employees and other affected individuals all required notices, and obtained any required consents;
3. you have obtained any approval required from a works council, trade union or employee representative body, including for location-based clock-in and time tracking;
4. your use of the Service, including any monitoring of employees, complies with applicable employment, labour, working-time and data protection laws in every country where your Authorized Users work; and
5. you will not enter special category or sensitive data (for example health diagnoses, religion or biometric data) unless it is necessary and lawful.

4.3 Rayz Infotech does not give legal, payroll, tax or HR advice. You are solely responsible for decisions you make based on data in the Service, including salary and payroll calculations, disciplinary action and statutory reporting.

You must not, and must not allow anyone to:

• use the Service for any unlawful purpose, or to track individuals covertly or outside working hours without a lawful basis;
• upload malware, or attempt to break, probe or bypass the Service's security;
• access another customer's data, or reverse engineer, copy or resell the Service;
• overload the Service, or use automated means to access it except through our documented APIs;
• upload content that infringes third-party rights or is defamatory, obscene or harmful.

We may suspend access immediately if we reasonably believe this section has been breached, or if suspension is needed to protect the Service or other customers.

6.1 Fees are as shown on our pricing page or in your order form. They are payable in advance through the integrated payment platform in the app, in the currency shown.

6.2 Fees exclude taxes. You will pay any applicable taxes, such as GST, VAT or similar charges, and any withholding. If withholding applies, you will increase your payment so that we receive the full amount invoiced.

6.3 Subscriptions renew automatically for the same term unless cancelled before the renewal date.

6.4 Fees are non-refundable except where these Terms or mandatory law say otherwise.

6.5 We may change fees for a new subscription term with at least 30 days' notice. Overdue amounts may lead to suspension after 15 days' written notice.

Free trials and beta features are provided "as is", without any service commitment, and may be ended at any time. Data in a trial account may be deleted 30 days after the trial ends unless you subscribe.

8.1 Rayz Infotech and its licensors own all rights in the Service, software, design, documentation and the ArbeitsUhr name and logo. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription.

8.2 You keep all rights in Customer Data. You grant us a licence to host, process and display Customer Data only as needed to provide, secure and support the Service.

8.3 We may use aggregated, anonymized data that does not identify you or any individual to operate and improve the Service.

8.4 If you send us feedback, we may use it freely without obligation to you.

9.1 Our Privacy Policy explains how we handle personal data for which we are the controller. The DPA governs Customer Data and forms part of these Terms.

9.2 We maintain reasonable technical and organizational security measures, as described in the DPA. No system is completely secure, and we do not guarantee that unauthorized access will never occur.

10.1 We aim to keep the Service available 24/7, excluding planned maintenance and events beyond our reasonable control. Unless a separate service level agreement is signed, we do not guarantee any specific uptime.

10.2 Support is provided by email at info@arbeitsuhr.com during Indian business hours.

10.3 You are responsible for keeping your own exports of data needed for legal record-keeping. We recommend regular exports.

Each party will keep the other's non-public business information confidential and use it only to perform these Terms. This does not apply to information that is public, independently developed, or required to be disclosed by law.

12.1 We warrant that we will provide the Service with reasonable skill and care.

12.2 Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including fitness for a particular purpose, merchantability, accuracy of location data, and non-infringement.

12.3 Location data depends on the user's device, GPS, network and settings. It may be inaccurate. We are not responsible for decisions based on inaccurate location or time data.

13.1 Neither party is liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, goodwill or business opportunity, even if advised of the possibility.

13.2 Our total aggregate liability arising from or relating to these Terms or the Service is limited to the fees you actually paid to us in the 12 months before the event giving rise to the claim. For free or trial accounts, this limit is INR 10,000.

13.3 These limits do not apply to liability that cannot be limited by law, such as liability for fraud.

14.1 You will defend, indemnify and hold harmless Rayz Infotech, its partners, employees and agents against any claims, losses, fines, penalties, damages and costs (including reasonable legal fees) arising from:

1. Customer Data, or your collection and processing of it;
2. your breach of Section 4 or Section 5;
3. any claim by your employees, contractors, works council or a regulator relating to your use of the Service; or
4. your violation of any law.

14.2 We will notify you promptly of any such claim and give reasonable cooperation at your expense.

15.1 These Terms apply from acceptance until your subscription ends.

15.2 Either party may terminate for material breach that is not cured within 30 days of written notice. We may terminate immediately for breach of Section 5, non-payment after notice, or if required by law.

15.3 You may cancel at any time from your account or by email. Cancellation takes effect at the end of the current paid term.

15.4 After termination, you may export Customer Data for 30 days. After that we will delete Customer Data within a further 60 days, except where we are legally required to keep it. Backups are overwritten in their normal cycle.

15.5 Sections 4, 6 (unpaid fees), 8, 11, 12, 13, 14, 17 and 18 survive termination.

We may update these Terms. For material changes, we will give at least 30 days' notice by email or in the Service. If you continue using the Service after the effective date, you accept the updated Terms. If you do not agree, you may cancel before the changes take effect.

17.1 These Terms, the Service, and any dispute or claim arising from or connected with them, including non-contractual disputes, are governed by and interpreted solely under the laws of India.

17.2 The courts at Jaipur, Rajasthan, India have sole and exclusive jurisdiction. The Customer irrevocably submits to the jurisdiction of those courts, wherever the Customer is located. It waives any objection to venue or forum, including any claim that Jaipur is an inconvenient forum.

17.3 Before starting court proceedings, the parties will try to resolve the dispute through good-faith negotiation for 30 days. Either party may still seek urgent interim relief from the courts at Jaipur during that period.

17.4 Rayz Infotech may enforce a judgment or order of the Jaipur courts in any country where the Customer is located or has assets.

• Force majeure: neither party is liable for delay caused by events beyond its reasonable control, such as natural disasters, war, government action, pandemics, or failures of internet or hosting providers.
• Assignment: you may not assign these Terms without our written consent. We may assign them in a reorganization, including conversion of Rayz Infotech into an LLP or company, or on sale of the business.
• Notices: notices to us go to info@arbeitsuhr.com and to our registered address below. Notices to you go to the email address on your account.
• Entire agreement: these Terms, the DPA, the Privacy Policy and any order form are the entire agreement. If they conflict, the order form prevails, then the DPA (for Customer Data), then these Terms.
• Severability and waiver: if any provision is invalid, the rest remains in force. A failure to enforce a right is not a waiver.
• Export and sanctions: you will not use the Service in breach of applicable export-control or sanctions laws.
• Electronic contract: these Terms are an electronic record under the Information Technology Act 2000 and need no physical or digital signature.
• Language: if these Terms are translated, the English version prevails.

Rayz Infotech · 6F-10, Mahima Trinity Mall, Swej Farm, Sodala, Jaipur, Rajasthan 302019, India · info@arbeitsuhr.com