Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the TendWorks HRMS platform, website, mobile application, and related services (collectively, the "Service") provided by Tendworks Private Limited, a company incorporated under the Companies Act, 2013, with its registered office in India ("Company", "we", "us", or "our").

By accessing or using the Service, you ("Customer", "User") agree to be bound by these Terms. If you do not agree, you must immediately cease use of the Service.

1. Definitions

• "Platform" means the TendWorks AI-HRMS software, including all web and mobile applications.
• "Customer" means the organisation that has subscribed to and is accessing the Service.
• "User" means any individual (employee, manager, HR administrator) authorised by the Customer to access the Platform.
• "Employee Data" means personal information relating to the Customer's employees entered into or processed by the Platform, including names, salary data, attendance records, and identification details.
• "Subscription" means the billing arrangement agreed between Tendworks and the Customer for access to the Service.

2. Eligibility and Account Registration

To use the Service, you must:

• Be a duly registered business entity or an authorised representative thereof.
• Provide accurate, complete, and current information during registration and keep it updated.
• Be at least 18 years of age.
• Not be barred from using the Service under applicable law.

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. Notify us immediately at contact@tendworks.com if you suspect unauthorised access.

3. Subscription and Payment

• Access to the Platform is provided on a subscription basis, billed monthly or annually as agreed.
• Fees are calculated per active employee per month, unless otherwise agreed in writing.
• All fees are exclusive of applicable taxes, including GST, which will be charged in addition.
• Invoices are due within 15 days of issue. Late payments may attract interest at 1.5% per month.
• Tendworks reserves the right to suspend access for non-payment after 7 days' written notice.
• Annual subscriptions are non-refundable after the first 30 days, except where we terminate the Service for reasons other than your breach.

4. Permitted Use and Restrictions

You may use the Service solely for your internal HR management operations. You must not:

• Resell, sublicense, or white-label the Platform or any part thereof.
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code.
• Use the Platform to process data for any third party without prior written consent.
• Introduce malware, viruses, or any harmful code.
• Circumvent, disable, or interfere with security features.
• Use the Service in violation of any applicable law, including labour laws, privacy laws, or financial regulations.

5. Data Ownership and Responsibilities

All Employee Data you enter into the Platform remains your sole property. By using the Service you grant Tendworks a limited, non-exclusive licence to process that data strictly as necessary to provide the Service. Tendworks will not share, sell, or use Employee Data for any other purpose.

You are solely responsible for:

• Ensuring all data entered is accurate, lawfully obtained, and compliant with applicable privacy regulations (including DPDP Act, 2023).
• Obtaining appropriate consent from your employees before processing their personal data.
• Complying with statutory obligations (PF, ESI, TDS, PT) regardless of whether the Platform's calculations are used as the basis.

6. Intellectual Property

All rights, title, and interest in and to the Platform, including software, algorithms, UI/UX designs, documentation, and branding, are and remain the exclusive property of Tendworks Private Limited. Nothing in these Terms transfers any intellectual property rights to you.

Any feedback, suggestions, or feature requests you provide may be used by Tendworks without obligation or compensation to you.

7. Confidentiality

Each party agrees to keep the other's Confidential Information (including pricing, technical specifications, and business information) strictly confidential and not to disclose it to third parties without prior written consent, except as required by law.

8. Service Availability and SLA

Tendworks targets 99.5% monthly uptime, excluding scheduled maintenance windows (communicated with at least 48 hours' notice). We do not guarantee uninterrupted access and shall not be liable for temporary unavailability caused by factors outside our reasonable control (including third-party cloud infrastructure failures, power outages, or cyberattacks).

9. Statutory Compliance Disclaimer

The Platform automates calculations for PF, ESI, TDS, PT, and other statutory deductions based on the rules programmed at the time of each version release. You acknowledge that:

• Tax and statutory rules change frequently and you must verify all compliance outputs independently.
• Tendworks is not a Chartered Accountant or legal advisor; Platform outputs do not constitute legal or financial advice.
• Any penalty, liability, or loss arising from incorrect statutory calculations or late filings remains the Customer's sole responsibility.

10. Limitation of Liability

To the maximum extent permitted by law:

• Tendworks' total aggregate liability arising from or related to these Terms or the Service shall not exceed the total fees paid by you in the three (3) months preceding the claim.
• Tendworks shall not be liable for indirect, incidental, consequential, special, or exemplary damages, including loss of profits, data loss, reputational harm, or business interruption.

11. Indemnification

You agree to indemnify, defend, and hold harmless Tendworks and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your violation of any applicable law; (c) your use or misuse of the Service; or (d) any third-party claim relating to Employee Data you have entered into the Platform.

12. Termination

• Either party may terminate the Subscription at the end of the current billing cycle with 30 days' written notice.
• Tendworks may terminate immediately upon material breach that remains uncured for 14 days after notice.
• Upon termination, your access to the Platform will be deactivated. You may request an export of your Employee Data within 30 days of termination. After that period, data will be securely deleted per our data retention policy.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed by mutual consent. The seat of arbitration shall be Chennai, Tamil Nadu. The language of arbitration shall be English.

14. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-platform notification at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Contact Us

For questions regarding these Terms, please contact:

• Email: contact@tendworks.com
• Company: Tendworks Private Limited
• Website: www.tendworks.com