Plain summary, which is not the contract. You pay per tracked seat. Your data stays yours — we hold it to run the service and we delete it when you leave. We keep the service running and secure but cannot promise perfection; if we get it badly wrong our liability is capped at what you paid us. You are responsible for telling your workers they are tracked and for having a lawful basis to do it. Either of us can end the agreement with a month's notice.
1. Who this is between
Fieldproxy Pvt Ltd (“we”, “us”), a company registered in India under number TODO: CIN with its registered office at TODO: full registered address, Chennai, India, and the company that creates a VisitsTracker workspace (“you”, “the customer”).
These terms apply from the moment somebody at your company accepts them in the product. We record which version was accepted, by whom, and when.
2. What the service is
VisitsTracker records field work: attendance punches, dispatched visits, location trails collected by our mobile application on devices your workers carry, and the reports and evidence documents derived from them.
The service is provided as-is on a subscription basis. We add and change features; we will not remove a feature you rely on without notice in the product.
3. Your workers, and your responsibility for them
This is the clause that matters most in this product, so it is stated plainly rather than buried.
- You are the data controller for everything your workers record. We are your processor. The data processing agreement governs that relationship and forms part of these terms.
- You are responsible for having a lawful basis to track your workers, for telling them clearly that you do, and for complying with the employment law that applies to them. The product is built to help — every worker can see what is held about them, who can see it, and take a copy — but the obligation is yours.
- You will not use the service to track anybody who is not working for you, or outside the working hours your workspace declares.
4. Payment
- Subscriptions are billed per tracked seat, monthly or annually in advance, through our payment processor. Admin, manager and analyst seats are not charged.
- Seat counts are trued up automatically as you add and remove tracked people.
- Prices exclude VAT and other applicable taxes, which are calculated at checkout from your billing address.
- A free trial lasts seven days and needs no card. If you do not subscribe, the workspace becomes read-only and is deleted after 21 days from signup, with export available throughout that window.
- If a payment fails we will try again and tell you. After 14 days the workspace becomes read-only, and the same export-then-delete window applies.
5. Your data
- Your data is yours. We do not sell it, and we do not use it to train anything.
- We hold it to provide the service, and process it on your instructions under the DPA.
- You can export the whole workspace at any time, in open formats, without asking us.
- When your workspace is deleted, we delete it. We keep the invoicing records the law requires us to keep, and a content-free record that the deletion happened.
6. What we promise about the service
We will provide the service with reasonable skill and care, keep it reasonably secure, and tell you without undue delay if we discover a personal data breach affecting you.
We do not promise the service will be uninterrupted or error-free, and we do not promise that a record produced by it will be accepted by any court, tribunal or third party. The product is designed to make a record defensible; whether a particular dispute is won is not something software can undertake.
7. Limits of liability
Neither of us excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.
Subject to that, our total liability to you in any twelve-month period is limited to TODO: cap — commonly the fees paid in the preceding 12 months, and neither of us is liable to the other for loss of profit, loss of business, or indirect or consequential loss.
8. Acceptable use
You will not use the service to break the law, to infringe anybody's rights, to reverse engineer it, to resell it without our agreement, or to place a load on it deliberately intended to degrade it for others.
We may suspend a workspace immediately if it is being used in a way that is unlawful or that endangers the service or other customers. We will tell you why and, where we can, give you a chance to put it right first.
9. Ending the agreement
- You can cancel at any time; the subscription runs to the end of the paid period and does not renew.
- We can end the agreement on 30 days' notice, or immediately for a material breach you do not fix within 14 days of being told.
- On termination you keep export access for seven days. After that the workspace is deleted as described in §4.
10. Changes to these terms
We may change these terms. If a change materially affects you we will tell you in the product and ask you to accept the new version. The version you accepted continues to apply until you accept a new one.
11. Law and disputes
These terms are governed by the law of TODO: governing law, and the courts of TODO: jurisdiction have exclusive jurisdiction.