Terms of Service

This is an agreement between you or the entity that you represent ( Hereinafter "YOU" or "YOUR") and Quarkal Technologies Private Limited ( Hereinafter the "Company," "we," or "us") governing your use of timepay.ai services.

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

Acceptance of the Agreement

You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Services.

Description of Service

We provide cloud software and applications for businesses, including associated offline and mobile applications ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

Beta Service

We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Quarkal Technologies will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Free Trial

If you register for a free trial of one or more Services, Quarkal Technologies will make the applicable Services available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the applicable Services (unless terminated earlier by you), (ii) the start date of the paid subscription period for the applicable Services, or (iii) termination by Quarkal Technologies in its sole discretion. Any data that you enter into the Services, and any customizations made to the Services during the free trial will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) export such data before the end of the trial period. Notwithstanding anything contained in this Section, Services are offered as-is during the free trial, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.

User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and (ii) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if timepay.ai has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, timepay.ai may terminate your user account and refuse current or future use of any or all of the Services.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not:

transfer the Services or otherwise make it available to any third party;
provide any service based on the Services without prior written permission;
allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user;
except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services;
use the third party links to sites without agreeing to their website terms & conditions;
post links to third party sites or use their logo, company name, etc. without their prior written permission;
attempt to gain unauthorized access to the Services or its related systems or network;
use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Quarkal Technologies;
use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs;
use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein;
host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity;
violate any applicable local, state, national or international law;
use the Services for any form of competitive or benchmarking purposes;
remove or obscure any proprietary or other notices contained in the Services;
use our Services in any manner that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations of India with other countries, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other countries;
create a false identity to mislead any person as to the identity or origin of any communication;
use the services for transmitting information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or
use the Services if you are a person barred from receiving the Services under the laws of India or other countries, including the country in which you are resident or from which you use the Services.

Disclaimer of Warranties

You expressly understand and agree that the use of the services is at your sole risk. the services are provided on an as-is-and-as-available basis. timepay.ai expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. timepay.ai makes no warranty that the services will be uninterrupted, timely, secure, or error free. use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. no advice or information, whether written or oral, obtained by you from timepay.ai, its employees or representatives shall create any warranty not expressly stated in the agreement.

Limitation of Liability

You agree that timepay.ai shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if timepay.ai has been advised of the possibility of such damage. in no event shall timepay.ai’s entire liability to you in respect of any service, whether direct or indirect, exceed fifty thousand rupees (₹ 50,000) or the fees paid by you during the twelve (12) months prior to the first event giving rise to such liability, whichever is higher.

Governing law and Jurisdiction

Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Bangalore in accordance with the laws of India without regard to conflict of law principles.

End Of Terms Of Service

If you have any questions or concerns regarding this Agreement, please contact us at support@timepay.ai.