Terms of Service

The Master Subscription Agreement between ZeniaPex Private Limited and every ZeniaHR customer: plans and fees, payment and suspension, term, data, liability and governing law.

These Terms of Service ("Terms") are a legally binding agreement between ZeniaPex Private Limited, CIN U62013GJ2024PTC156483 ("ZeniaPex", "we", "us"), and the organization identified at sign-up ("Customer", "you"). They govern your subscription to and use of ZeniaHR, our cloud human-resource, attendance, payroll and compliance software, its websites, mobile apps and related services (the "Service").

1. Acceptance and authority

1.1 You accept these Terms by ticking the acceptance box at sign-up and confirming the one-time password (OTP) sent to your email or mobile number, or by using the Service. Acceptance is recorded with the date, time, IP address, document version and OTP verification.

1.2 The person accepting represents that they are authorized to bind the Customer. If you do not have that authority, or do not agree, do not use the Service.

1.3 These Terms incorporate the Privacy Policy, the Data Processing Agreement, the Data Retention and Deletion Policy and the Acceptable Use Policy (together with these Terms, the "Agreements"), each in the version accepted with these Terms.

2. The Service

2.1 ZeniaPex grants you a non-exclusive, non-transferable right to access and use the Service during the subscription term for your internal business purposes, for the number of workers and users covered by your plan.

2.2 We may update, improve or change features of the Service. We will not materially reduce the core functionality of your plan during a paid term without notice.

2.3 Mobile apps, including the ZeniaHR employee app, are part of the Service and are also subject to the app privacy policy at zeniahr.com/app-privacy-policy/.

3. Accounts and users

3.1 You are responsible for everything done under your workspace, including by your admins, employees and other users, and for keeping credentials confidential.

3.2 You must provide accurate company, contact and billing details and keep them current, including at least one working admin email address for notices.

3.3 You will notify us promptly of any unauthorized use of your account.

4. Plans, fees and headcount

4.1 Fees are size-based: they depend on the number of workers (active employee records) in your workspace, at the rates published at zeniahr.com/pricing/ or in your order form. The free plan covers up to 50 workers with the features shown on the pricing page.

4.2 Headcount is the number of active worker records on each billing date. Going above a plan limit moves you to the next band from the next billing cycle; we will notify you.

4.3 Fees are payable in advance for the billing period chosen (monthly, quarterly or yearly), in Indian Rupees, plus GST and other applicable taxes.

4.4 We may change prices with 30 days' notice; changes apply from your next renewal.

4.5 Fees are non-refundable except where these Terms or the law provide otherwise.

5. Payment, non-payment and suspension

5.1 Invoices are due on the invoice date unless the order form says otherwise. Failed or overdue payment is a breach of these Terms.

5.2 If payment is not received by the due date, we may place the workspace in read-only mode. We send notices on day 0, day 30 and day 60 after the due date.

5.3 If payment is still not received 90 days after the due date, the subscription ends and all workspace data is deleted in accordance with the Data Retention and Deletion Policy. Deletion is permanent.

5.4 You may export your data at any time during the 90 days. Paying the outstanding amount before deletion restores full access with all data intact.

6. Term, renewal and termination

6.1 The subscription starts on activation and runs for the billing period, renewing automatically unless either party gives notice before the renewal date, in the app or by email.

6.2 You may terminate at any time from Settings; the subscription ends at the end of the paid period, after which data is handled under the Data Retention and Deletion Policy.

6.3 We may suspend or terminate immediately for material breach (including of the Acceptable Use Policy), non-payment as above, unlawful use, or a risk to the Service or other customers, and will tell you why where the law allows.

6.4 If we terminate for our own breach, we refund prepaid fees for the unused period.

6.5 Clauses that by their nature survive (fees owed, confidentiality, intellectual property, liability, data deletion, governing law) survive termination.

7. Customer data and your responsibilities

7.1 You own your data. You grant us the right to host, process, transmit and display it only to provide the Service, support you and comply with the law.

7.2 Under the Digital Personal Data Protection Act 2023 you are the Data Fiduciary for the personal data of your employees, workers, candidates and clients that you put into the Service, and we are your Data Processor under the Data Processing Agreement. You are responsible for lawful grounds, notices and consents for that data, for its accuracy, and for the instructions you give us.

7.3 You must not upload data you have no right to process, and you must keep the statutory records (payroll, PF, ESI, registers) that the law requires you to keep, by exporting them before any deletion.

7.4 You are responsible for statutory filings and payments made using outputs of the Service; the Service is a tool, not a chartered accountant or legal adviser.

8. Our commitments

8.1 We will provide the Service with reasonable skill and care, target 99.5% monthly availability excluding planned maintenance notified in advance and events beyond our control, and provide support as described on our website.

8.2 We protect your data with the security measures in the Data Processing Agreement and notify you of a personal data breach as set out there.

8.3 We process your data in India unless we tell you otherwise and put appropriate protections in place.

9. Acceptable use

You and your users must follow the Acceptable Use Policy. We may remove content or suspend access that violates it.

10. Intellectual property

10.1 ZeniaPex and its licensors own the Service, its software, design, documentation and trademarks. No rights are granted except those stated in these Terms.

10.2 You may not copy, modify, reverse engineer, resell, sublicense or build a competing product from the Service.

10.3 You grant us a royalty-free right to use suggestions and feedback you give us. We may name you as a customer and use your logo as a reference unless you tell us not to.

11. Confidentiality

Each party will keep the other's confidential information (including your data and our pricing, roadmaps and non-public features) secret, use it only for this agreement, and protect it with reasonable care, during the term and for 3 years after. Disclosures required by law are permitted after notice where notice is lawful.

12. Third-party services

The Service runs on third-party infrastructure and integrates with third-party services, for example Amazon Web Services, Google Firebase, Zoho, payment gateways, SMS providers and biometric devices. Their availability and terms are outside our control; we choose them with care and list the ones that process personal data in the Data Processing Agreement.

13. Warranties and disclaimers

Except as expressly stated, the Service is provided as is. We do not warrant that it will be error-free or uninterrupted, or that outputs, including payroll and statutory calculations, are correct for your situation without your review. You are responsible for verifying outputs before relying on them.

14. Limitation of liability

14.1 Neither party is liable for indirect, incidental, special or consequential loss, or loss of profits, revenue, goodwill or data (other than as covered by clause 14.3), even if advised of the possibility.

14.2 Our total liability under or in connection with these Terms in any 12-month period is limited to the fees you paid us in that period.

14.3 Nothing limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or anything that cannot be limited by law.

15. Indemnity

15.1 You will indemnify us against claims arising from your data, your breach of clause 7 or the Acceptable Use Policy, or your users' misuse of the Service.

15.2 We will indemnify you against third-party claims that the Service, used as permitted, infringes an Indian intellectual property right, provided you notify us promptly and let us control the defence.

16. Changes to the Service and these Terms

16.1 We version these Terms and the other Agreements. Each version has a number, an effective date and a changelog at zeniahr.com/legal/, and every version remains available at its own address.

16.2 Minor changes (clarifications that change no rights or fees) take effect on publication and are notified in the app. Material changes take effect 30 days after notice for existing customers and require re-acceptance through the same OTP process; if you do not accept within 30 days of the effective date, the workspace becomes read-only until you do, and you may terminate without penalty.

17. Governing law and disputes

17.1 These Terms are governed by the laws of India.

17.2 The parties will first try to resolve any dispute in good faith through their senior representatives within 30 days of written notice.

17.3 Unresolved disputes are subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat, India.

18. General

18.1 Notices: to you at the admin email on your account and in the app; to us at sales@zeniahr.com and our registered office. Email notice is effective when sent.

18.2 You may not assign these Terms without our consent; we may assign them to an affiliate or successor.

18.3 Neither party is liable for delay or failure caused by events beyond its reasonable control.

18.4 These Terms and the other Agreements are the entire agreement and replace prior discussions. If a clause is unenforceable the rest stands. Delay is not a waiver.

18.5 These Terms are an electronic record under the Information Technology Act 2000 and need no physical or digital signature.

19. Contact

ZeniaPex Private Limited, 305 Capitol Icon, Sargasan, Gandhinagar 382421, Gujarat, India. Contact for legal, privacy, sales and support: sales@zeniahr.com.