Draft for legal review. This text has not yet been approved. Code Genie Technologies Private Limited will replace this draft before accounts can be created by the public.
Last updated: [date of approval]
These terms are an agreement between you and Code Genie Technologies Private Limited, a company registered in India (CIN [CIN]) with its registered office at [registered office address]. "Code Genie", "we" and "us" mean that company. "CodeHR" means the web app at https://hr.codegenie.co.in.
Our Privacy notice explains how we handle personal data.
Accepting these terms
You accept these terms when you tick "I agree to the Terms of service and the Privacy notice" and create an account, or when you use CodeHR. If you do not agree, do not use it.
If you use CodeHR for a business, you accept these terms for yourself and for that business, and you confirm you are allowed to. Where it makes sense, "you" includes that business.
Who may use CodeHR
You may use CodeHR only if you are at least 18, able to enter into a binding contract under Indian law, and using it for a business in India that you own or work for, with that business's permission.
What CodeHR does
CodeHR helps Indian businesses keep their employees' records, run leave from policy to approval, and turn the export files of attendance devices into monthly attendance registers. Employees can see their own leave and attendance. CodeHR does not run payroll, pay salaries or file any return or statutory payment, and it does not give legal, tax or employment advice.
Early access
CodeHR is in early access and still being tested. Features may change, be added or be removed. The service may sometimes fail or be unavailable, and we do not promise any level of uptime. Keep your own copies of anything important.
If we decide to stop offering CodeHR, we will tell you at least [number] days ahead so you can export your data.
Fees
CodeHR is free during early access. If we decide to charge for it, we will tell you the prices in the app or by email at least [number] days before any fee applies. You can then choose to continue and pay, or stop and export your data. We will not charge you unless you choose to continue.
Your account
Keeping your account secure
Give your real name and an email address you control. Each account is for one person: do not share your sign-in details, even within your business. Keep your password secret, and the Google account you sign in with safe if you use one, and tell us at once at [support email] if you think someone else has used your account. You are responsible for what happens under your account, unless it was caused by our failure to keep CodeHR secure.
Businesses, people and roles
When you set up a business, you become its owner. Owners add other people and give each a role: owner, HR or employee. One account can belong to several businesses, with a different role in each.
The business is responsible for the people it adds, for what they do in it, and for removing access when someone should no longer have it, such as when an employee leaves.
Your data belongs to you
"Business data" means everything you and the people in your business enter, import or upload, such as the business profile, employee records and documents, leave, attendance device files and attendance registers.
The business owns its business data. You allow us to store, copy, process and display it only as needed to provide, secure and support CodeHR for you, and as the law requires. We do not sell business data or use it for advertising.
Exporting your data
You can download your registers and records as spreadsheets at any time.
Labour, tax and social security laws require employers to keep records such as attendance, leave and wage registers for set periods. That is your business's responsibility. Keep your own copies, and do not rely on CodeHR as your only record.
What you enter is your responsibility
Accuracy and compliance
You are responsible for the data you enter and import, and for the leave, attendance and registers your business approves and locks. Check them before you rely on them. Your business remains responsible for complying with employment, labour and tax law, and for every statutory filing and payment it must make.
Personal data about your employees
Business data is mostly personal data about other people: your employees, and others such as their family members named as nominees or emergency contacts. Your business decides why and how that data is used. Under the Digital Personal Data Protection Act, 2023 (the "DPDP Act"), your business is the Data Fiduciary for it, and Code Genie is your Data Processor.
You confirm that your business has the right to enter this data and use it as it does, and gives people any notices the law requires. Your business must handle requests from those people to see, correct or erase their data. CodeHR lets an employee see and download their own records to help with this.
You must not enter Aadhaar numbers, biometric data such as fingerprints or face images, or health details beyond what CodeHR asks for. CodeHR reads only the device ID and the time of each punch from an attendance device's files.
As your Data Processor, we will:
- process that data only to provide CodeHR to you, or where the law requires;
- keep it secure, encrypt PAN and bank account numbers, and use only service providers bound to protect it;
- tell you without undue delay if we become aware of a personal data breach affecting it;
- help you, where reasonable, to answer requests from the people it is about; and
- delete it when your business is deleted, as our Privacy notice sets out.
Acceptable use
You must not:
- enter false records, such as made-up employees or attendance, or use CodeHR to deceive employees, authorities or anyone else;
- use CodeHR for anything unlawful or fraudulent, or to store data you have no right to use;
- upload viruses, malware or other harmful code;
- try to get into another business's data or anyone else's account, or into records in your own business that your role does not open;
- probe or attack the service, overload it, or get around its security, rate limits or bot check;
- scrape CodeHR by automated means, other than through its export features, or reverse engineer it except where the law allows; or
- sell, rent or resell access to CodeHR.
Suspension and closure
If you want to leave
You can stop using CodeHR at any time. To close your account or delete a business you own, write to [support email]. Export your data first, because deleted data cannot be recovered for you.
If we need to act
We may suspend or close your account, or switch off a business, if you seriously or repeatedly break these terms, if we reasonably suspect fraud or misuse of employees' data, if a law, court or government authority requires it, or to protect CodeHR or others from harm.
Where it is reasonable and lawful, we will warn you first, give our reasons, and give you a chance to put things right or export your data. In urgent cases we may act first and tell you afterwards. While a business is switched off, nobody can enter it, but its data is kept.
After closure
We delete or anonymise data as our Privacy notice sets out. Parts of these terms that by their nature should continue, such as disclaimers, limits on liability and indemnity, keep applying.
Disclaimers
CodeHR is not legal, tax or employment advice. For advice about your business, speak to a qualified professional.
CodeHR is provided "as is" and "as available". To the fullest extent the law allows, we do not promise that it will be uninterrupted, error-free or fit for a particular purpose, or that its counts of leave and attendance will be right for your situation. Nothing in these terms takes away a right you have by law that cannot be taken away.
Limitation of liability
To the fullest extent the law allows:
- we are not liable for indirect or consequential loss, or for loss of profits, revenue, goodwill or data;
- we are not liable for wages, dues, interest, penalties or claims arising from records, registers or decisions you make with CodeHR; and
- our total liability for all claims connected with CodeHR is limited to the higher of the fees you paid us in the 12 months before the claim arose and ₹[amount].
These limits do not apply where the law does not allow liability to be limited, such as for fraud.
Indemnity
You agree to make good Code Genie's losses, costs and reasonable legal fees from claims by others, such as authorities or your employees, arising from your breach of these terms, your unlawful use of CodeHR, or the data you enter. We will tell you promptly about any such claim.
Changes to these terms
We may update these terms. For material changes, we will tell you in the app or by email at least [number] days before they take effect. If you keep using CodeHR after that, the new terms apply. If you do not agree, stop using CodeHR and export your data before then. For minor changes, such as clearer wording, we update the date at the top.
Law and disputes
These terms are governed by the laws of India. If you have a dispute with us, please write to us first so we can try to resolve it. If we cannot, the courts at [city] have exclusive jurisdiction.
Other terms
- These terms and our Privacy notice are the whole agreement between you and us about CodeHR.
- If any part of these terms cannot be enforced, the rest still applies.
- We may transfer these terms to a company that takes over CodeHR, and will tell you if we do. You need our written agreement to transfer yours.
- We send notices to the email address on your account. Send yours to [support email].
Contact us
- Company: Code Genie Technologies Private Limited
- CIN: [CIN]
- Registered office: [registered office address]
- Email: [support email]
For questions or complaints about personal data, contact our Grievance Officer as set out in the Privacy notice.