Terms of service

About these terms

These terms of service (“Terms”) are a binding agreement between you and Qubelex Private Limited, a company incorporated in India, with its registered office at Building No 136, Senthan Green Park, Ameenpur, Hyderabad, Telangana 502032 (“Qubelex”, “we”, “us”). They govern your use of StaffPrime: the Android and iPhone apps, the web app at web.staffprime.in, the website staffprime.in and related services (together, the “Service”).

By creating an account, joining a business, paying for a plan or otherwise using the Service, you confirm that you have read and accept these Terms, our privacy policy and our refund and cancellation policy. If you accept on behalf of a business, you confirm that you are authorised to bind it, and “you” includes that business. If you do not agree, do not use the Service.

These Terms are an electronic record under the Information Technology Act, 2000 and do not need a physical or digital signature.

Definitions

• Business: an organisation set up on the Service by an owner.
• Owner, admin and manager: people who manage a Business, with the access their role gives them.
• Staff: people whose attendance, leave or pay a Business records, whether or not they use the app.
• Business Data: everything a Business or its users put into the Service, including staff records, attendance, locations, photos, leave and salary information.
• Plan: a paid subscription to the Service for a period.

Eligibility and accounts

• You must be at least 18 years old and able to enter into a binding contract under Indian law.
• You must give accurate information and keep it up to date. You are responsible for everything done through your account and for keeping your phone, one-time passwords and sign-in details secure. Tell us at once at [email protected] if you suspect misuse.
• Owners are responsible for the people they add to their Business, the roles they give them, and for removing access when someone leaves.
• We may refuse, suspend or close accounts that we reasonably believe break these Terms or the law.

The Service

StaffPrime lets a Business record staff attendance (including by location, QR code and photo), manage leave and holidays, and calculate salary, deductions and payslips from the information entered. Features differ by plan and may change over time. We may add, change or remove features, and will give reasonable notice where a change materially reduces what a paid Plan includes.

Some features depend on your phone, its location services, an internet connection and third-party services such as Google, payment gateways and SMS providers. We are not responsible for their availability or accuracy, including the accuracy of location reported by a phone.

Your responsibilities for staff data

For Business Data about Staff, the Business is the data fiduciary under the Digital Personal Data Protection Act, 2023: it decides what is collected and why. Qubelex processes that data only on the Business’s behalf and instructions, to provide the Service. As a Business, you agree that you will:

• tell your Staff that you use StaffPrime and what it records, including location at check-in and check-out, photos and salary details, and obtain any consent the law requires;
• have a lawful reason for recording each item of information, and record only what you need;
• use attendance, location and photo records only for employment purposes and never to track anyone outside work or without their knowledge;
• handle requests from your Staff to access, correct or erase their information, with our reasonable help;
• follow all laws that apply to you as an employer, including labour, wage, shops and establishments, social security and tax laws.

Salary, statutory and tax calculations

The Service calculates salary, Provident Fund, ESI, Professional Tax, income tax (TDS) and similar amounts from the attendance, settings and rates entered and from rates we configure in good faith. These calculations are an aid, not legal, tax, accounting or financial advice. Rates and rules change with budgets, notifications and court decisions, and may not be updated in the Service immediately.

You are solely responsible for checking every figure before paying staff or filing returns, for paying the correct wages and statutory contributions on time, and for all filings, registrations and records required of you. Yearly salary statements produced by the Service are not a Form 16 or any other statutory certificate. We recommend that you confirm statutory amounts with a qualified accountant.

Plans, payments and taxes

• Plans are prepaid for a billing period, such as monthly, quarterly or yearly, at the price shown in the app when you pay. Prices are in Indian rupees and exclude GST, which is added at the applicable rate.
• Payments are processed by our payment partners (such as Razorpay or Cashfree) under their own terms. We do not receive or store your card, UPI PIN or bank login details.
• A Plan starts when payment is confirmed and ends at the end of the period paid for.
• Auto-debit. If you pay by auto-debit (autopay, recurring payment or e-mandate), you authorise us and our payment partners to charge the plan price and GST at the start of every billing period, and your Plan renews automatically until you cancel it.
• Cancelling is your responsibility. To stop a renewal you must cancel at least 7 days before the next due date, by turning off auto-debit in the app where available, cancelling the mandate with your bank or UPI app, or asking our support team in writing. We are not responsible for, and will not refund, any charge made because auto-debit was not turned off or cancelled in time.
• All payments are final and non-refundable, as set out in our refund and cancellation policy, which forms part of these Terms.
• Each Plan has limits, such as the number of staff and businesses. If you go over a limit, some features may be restricted until you change plan or reduce usage.
• We may change prices. A new price applies from your next billing period, and we will tell you in the app or by email before it applies to an auto-debit renewal.

Refer & earn and SP Cash

• A Business that signs up with a valid referral code and buys its first yearly Plan within 90 days of signing up receives 2 additional months on that Plan.
• The referring Business earns SP Cash equal to 10% of that Plan’s price before GST, up to ₹1,500 per referred Business, credited 7 days after the referred Business’s payment, provided that payment is not refunded or reversed.
• SP Cash is a promotional credit, not money. It has no cash value, cannot be withdrawn, exchanged, transferred or sold, earns no interest, and can be used only towards StaffPrime Plans when and as the Service allows.
• Referrals between Businesses with the same owner or controlled by the same people, fake or duplicate sign-ups, and any other misuse are not eligible. We may withhold, reverse or cancel SP Cash and referral benefits that we reasonably believe were obtained improperly.
• We may change or end the programme at any time with notice in the app. SP Cash already credited remains usable for at least 90 days after the programme ends, unless it was obtained improperly.

Acceptable use

You must not, and must not allow anyone to:

• use the Service unlawfully, to harass or discriminate against anyone, or to record people without their knowledge;
• upload content that is unlawful, infringing, obscene or harmful, or that contains malware;
• falsify attendance, use location-spoofing tools, or help anyone else do so;
• access or try to access accounts, Businesses or data that are not yours, or probe, scan or test the Service’s security without our written permission;
• copy, modify, reverse engineer, decompile or create derivative works of the Service, except as the law expressly allows;
• scrape, overload or interfere with the Service, or use it to build a competing product;
• resell, sublicense or provide the Service to others except to your own Staff as intended.

Your content and our rights

You keep ownership of Business Data. You give us a non-exclusive, royalty-free licence to host, copy, process and display it only as needed to provide, secure and support the Service and as described in our privacy policy. We may use aggregated, de-identified information that cannot identify you or any person to operate and improve the Service.

The Service, its software, design, text, logos and the StaffPrime name are owned by Qubelex or its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service under these Terms. If you send us feedback or suggestions, we may use them without any obligation to you.

Availability and support

We work to keep the Service available and your data safe, but we do not promise that it will be uninterrupted, error-free or available at any particular time. We may suspend it for maintenance, security or reasons outside our control. We are not responsible for data you lose because of your device, your network, or actions taken by users of your Business. Support is provided by email on a reasonable-efforts basis.

Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided “as is” and “as available”. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that calculations, reports or location results will be correct in every case or that the Service will meet every legal requirement that applies to your business.

Limitation of liability

To the fullest extent permitted by law:

• we are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, business, goodwill or data, or for any penalty, interest, wage claim or statutory liability arising from your use of the Service or reliance on its calculations, even if we were told such loss was possible;
• our total liability for all claims relating to the Service is limited to the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or ₹5,000, whichever is lower.

Nothing in these Terms limits liability that cannot be limited under Indian law.

Indemnity

You agree to indemnify and hold harmless Qubelex, its directors, employees and partners from any claim, demand, penalty, loss or expense (including reasonable legal fees) arising from your Business Data, your use of the Service, your treatment of your Staff, your breach of these Terms, or your breach of any law, including any claim made by your Staff or a government authority.

Suspension and termination

• You may stop using the Service at any time and ask us to delete your account as described in Delete your account.
• We may suspend or end your access, with notice where reasonable, if you break these Terms, fail to pay, misuse the Service, or if the law or a competent authority requires it.
• When a Plan ends, paid features stop. When an account or Business is closed, we delete its data as described in our privacy policy, except what we must keep by law. Fees already paid are not refunded. Closing your account does not by itself cancel an auto-debit mandate; cancel it as described above.
• Sections that by their nature should survive, including those on payments, staff data, calculations, disclaimers, liability, indemnity and disputes, survive termination.

Third-party services

The Service uses or links to services run by others, such as Google, app stores, payment gateways and SMS providers. Your use of them is governed by their own terms, and we are not responsible for them.

Changes to these terms

We may update these Terms from time to time. We will change the date at the top and, for material changes, tell you in the app or by email before they take effect. If you keep using the Service after the effective date, you accept the updated Terms. If you do not agree, stop using the Service before that date.

Governing law and disputes

These Terms are governed by the laws of India. Before starting any formal proceeding, please contact us at [email protected] so we can try to resolve the matter in good faith within 30 days.

Any dispute that is not resolved will be referred to and finally decided by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement of the parties or, failing agreement within 30 days, in accordance with that Act. The seat and venue of arbitration will be Hyderabad, Telangana, and the proceedings will be in English. Subject to this, the courts at Hyderabad, Telangana have exclusive jurisdiction. This does not stop either party from seeking urgent interim relief from a court, or affect any right you have under consumer protection law that cannot be waived.

General

• Entire agreement: these Terms, with the policies they refer to, are the whole agreement between you and us about the Service.
• Severability: if any part is found unenforceable, the rest remains in effect and that part is applied as far as the law allows.
• No waiver: not enforcing a right is not a waiver of it.
• Assignment: you may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets.
• Force majeure: we are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, epidemics, war, government action, power or network failures and failures of third-party providers.
• Notices: we may send notices in the app or to the email or phone number on your account. Send notices to us at [email protected] or our registered office.
• Language: these Terms may be translated, but the English version prevails.

Contact and complaints

Qubelex Private Limited
Registered office: Building No 136, Senthan Green Park, Ameenpur, Hyderabad, Telangana 502032
Email: [email protected]

For complaints about the Service, email [email protected]. We acknowledge complaints within 48 hours and aim to resolve them within 30 days.