Terms of Service
These Terms of Service (“Terms”) are an agreement between Opsx Apex Private Limited, a company incorporated in India, with its registered office at 2nd Floor, Gudar Niwas, Bhadeji, Gaya, Bihar 823003, India (“OpsX”, “we”, “us”), and the business that creates an OpsX account (“Customer”, “you”). OpsX is our brand.
Last updated · Effective from the same date
In short
- A free trial of 51 days. No credit card or payment details are needed to start, and trial days are never charged.
- After the trial: ₹0.75 per Active Employee per day, plus GST, billed monthly in arrears with a GST tax invoice. Employees in draft or who have left are not charged.
- Cancel any time from your account or by email; billing stops from the next day.
- Your data stays yours. Your Master Admin can export all of it at any time.
- OpsX calculates pay, PF and ESI deductions and produces payslips and files. It does not file returns or make statutory payments for you.
By creating an account, ticking “I agree”, or using the Service, you accept these Terms. The person who does so confirms that they are authorised to bind the Customer. If you do not agree, do not use the Service. Our Privacy Policy and Refund & Cancellation Policy form part of these Terms.
1. Definitions
- Service — OpsX web and Android software for attendance, rosters, leave, payroll calculation, field staff, kiosks, procurement, stock and related operations, with its apps, APIs and support.
- Customer Data — everything you or your Users put into the Service, including your staff’s personal data.
- User — a person you allow to sign in to your account (an admin, a manager, or an employee using the employee app or a kiosk).
- Active Employee — an employee record in your account whose status is active on a given day. An employee who has left, or whose record is in draft, is not an Active Employee.
- Subscription Term — the period your paid subscription runs, starting when your trial ends and you choose a plan.
2. The Service
2.1 We provide the Service to you for your internal business use during your trial and Subscription Term, under these Terms.
2.2 We improve the Service continuously and may add, change or retire features. We will not make a change that materially reduces the core attendance, leave or payroll-calculation functions you pay for during a paid period without at least 30 days’ notice.
2.3 Some features are optional and off until you turn them on — for example GPS tracking on duty, face verification, the AI assistant, WhatsApp messages and advertising offers in the employee app.
3. Your account
3.1 You sign up with your work email and a password you choose. You must give accurate information and keep it current.
3.2 You are responsible for your Users: who you invite, the roles you give them, and what they do in your account. Keep passwords and sign-in links private and tell us at once if you suspect misuse.
3.3 You need not enter any data, upload any file or attend any training to start: the Service opens with working defaults that you can change at any time.
4. Free trial
4.1 New accounts get a free trial of 51 days. No credit card or payment details are needed to start, and the trial days are never charged.
4.2 Near the end of the trial we will remind you by email. If you do not choose a paid plan by the end of the trial, your account is placed on a billing hold: Users can still sign in and see and export your data, but recording new data stops until a plan is chosen.
4.3 If an account stays on billing hold for 30 days, we may close it and delete its data as described in section 13.
4.4 The trial is provided free and “as is”; section 15.2 applies to it in full.
5. Fees and payment
5.1 Price. After the trial, the Service costs ₹0.75 (seventy-five paise) per Active Employee per day, plus GST. We count Active Employees each day and add the days up for the month. Example: 40 Active Employees for a 30-day month = 40 × 30 × ₹0.75 = ₹900 + GST. Employees in draft or who have left, Users who are not employee records (for example an outside accountant you invite) and the days of the free trial are not charged.
5.2 Billing. We invoice monthly in arrears for the previous month’s usage, with a GST tax invoice. Invoices are due within 15 days. Payment is by the methods shown in the Service (UPI, bank transfer or our payment partner); we do not store card numbers.
5.3 Taxes. Prices exclude GST, which is charged at the applicable rate on a valid tax invoice. If you deduct tax at source from our invoice, send us the certificate within the statutory time so we can claim it.
5.4 Price changes. We may change prices with at least 30 days’ notice by email; the new price applies from the first billing month after the notice ends.
5.5 Late payment. If an invoice is unpaid 15 days after its due date and after a reminder, we may place the account on billing hold (as in 4.2). Your data is not deleted while an account is on hold.
5.6 Refunds. Because you are billed in arrears for what you used, there is normally nothing to refund. Billing errors and duplicate charges are refunded as our Refund & Cancellation Policy describes. Days already used are not refunded.
6. Customer Data and personal data
6.1 Your data stays yours. You own Customer Data. You give us the right to host, copy, process and display it only to provide, secure and support the Service and as these Terms and our Privacy Policy describe. We do not sell Customer Data or use it to advertise.
6.2 Roles under the DPDP Act. For your staff’s personal data you are the Data Fiduciary — you decide why and how it is processed — and OpsX is your Data Processor. You are responsible for having a lawful basis (for example the employment purposes the Digital Personal Data Protection Act 2023 allows), for giving your staff the notices the law requires, and for collecting any consent the law requires — in particular before turning on GPS tracking or face verification.
6.3 What we commit to as your processor. We will:
- process Customer Data only to provide the Service and on your documented instructions (your use and configuration of the Service are those instructions);
- keep it confidential and restrict access to staff who need it;
- maintain reasonable security safeguards (encryption in transit, encryption of salary history, per-customer separation, access logging, backups);
- tell you without undue delay, and in any case within 48 hours of becoming aware of a personal data breach affecting Customer Data, with the facts you need to meet your own 72-hour duty to the Data Protection Board;
- use only the sub-processors listed in our Privacy Policy, and give notice before adding one;
- help you answer requests from your staff to see, correct or erase their data;
- delete Customer Data at the end of the Service as described in section 13.
6.4 Export. Your Master Admin can download all Customer Data at any time from Settings → Company data, as a zip of spreadsheet files.
6.5 Aggregate data. We may use anonymised, aggregated usage figures (for example how many customers use a feature) to run and improve the Service. These never identify you or any person.
7. Payroll, tax and compliance
7.1 OpsX calculates pay and PF and ESI deductions from the rules and data you set, and produces payslips and files you can upload to government portals or give to your bank.
7.2 OpsX does not file returns, deposit tax or contributions, make statutory payments or transfer salaries on your behalf, and does not give legal, tax or accounting advice. You remain responsible for your payroll, statutory filings and payments. Have the figures checked by your accountant before you pay or file.
7.3 Statutory rates and formats change. We update them in good faith, but you must check that the settings in your account match the law that applies to you.
8. AI assistant
The optional AI assistant answers questions about your own figures. It is powered by a third-party AI model provider; before a question is sent, people’s names are replaced with placeholders and identifiers such as email addresses, phone numbers, PAN and Aadhaar numbers are masked. Its answers are generated by a machine and can be wrong. Check anything you rely on, especially pay and compliance figures. The assistant only reads data; it does not change your records.
9. Acceptable use
You and your Users must not:
- use the Service to track, record or profile anyone without a lawful reason and the notice or consent the law requires;
- upload unlawful content, malware, or data you have no right to share;
- try to get into another customer’s account or data, or probe, scan or overload the Service;
- copy, reverse-engineer, resell or sub-license the Service, or build a competing product from it;
- use it in breach of any law, including labour, tax and data-protection law.
We may suspend access that breaks this section, as section 12 explains.
10. Confidentiality
Each side keeps the other’s non-public business information confidential, uses it only for this agreement, and protects it with reasonable care. This does not cover information that is public, already known, independently developed, or that must be disclosed by law (with notice where allowed).
11. Intellectual property
11.1 The Service, its software, design, documentation and the OpsX name and logo belong to Opsx Apex Private Limited. You get a non-exclusive, non-transferable right to use the Service during your trial and Subscription Term.
11.2 If you send us ideas or feedback, we may use them freely without obligation to you.
12. Availability, support and suspension
12.1 We aim to keep the Service available at all times, but it may be paused for maintenance (usually announced in advance) or interrupted by events outside our control. There is no service-level guarantee unless one is agreed in writing.
12.2 Support is by WhatsApp, phone and email, Monday to Saturday, 10:00–19:00 IST, except public holidays; you can also raise a query from inside the Service.
12.3 We may suspend access, after notice where practical, if: an invoice is overdue as in 5.5; you breach section 9; or suspension is needed to stop a security threat or comply with law. We will restore access once the cause is fixed.
13. Term, termination and deletion
13.1 These Terms run from sign-up until the account is closed.
13.2 You may close your account at any time from the Service or by writing to us at opsx.official@gmail.com. Billing stops from the day after you close it; usage up to the closing date is billed in the next invoice.
13.3 We may close an account: on 30 days’ notice for any reason; at once for a serious breach not cured within 15 days of notice; or as in 4.3.
13.4 After closing, your data stays available for export for 30 days. We then delete it from live systems. Encrypted backups are overwritten on their normal rotation, within 12 months, and are not restored except for disaster recovery. Records we must keep by law (for example our own invoices and audit logs, kept at least one year) are kept for that period only.
14. Third-party services
Some features use services run by others — for example Google (app notifications), Brevo (email), Cloudflare (bot checks, storage), a third-party AI model provider (the optional AI assistant), Meta WhatsApp or MSG91 (messages you choose to send) and our payment partner. Their own terms apply to them. We are not responsible for an outage of a third-party service, but we will help you work around it.
15. Warranties and disclaimers
15.1 Each side confirms it has the authority to enter these Terms. We will provide the Service with reasonable skill and care.
15.2 Otherwise, and to the extent the law allows, the Service is provided “as is” and “as available”. We do not promise that it will be error-free or uninterrupted, or that its calculations suit your particular legal position (see section 7).
16. Limitation of liability
16.1 Neither side is liable for indirect, incidental, special or consequential loss, or for lost profits, revenue or goodwill, even if warned of it.
16.2 Our total liability for all claims in any 12-month period is limited to the fees you paid us in the 12 months before the event that gave rise to the claim. For a free trial it is limited to ₹10,000.
16.3 Nothing in these Terms limits liability that cannot be limited by law, or your duty to pay fees.
17. Indemnity
You will defend and compensate us against third-party claims arising from Customer Data you had no right to process, or from your breach of section 6.2 or 9 (for example tracking staff without the notice or consent the law requires). We will defend and compensate you against third-party claims that the Service, as we provide it, infringes their intellectual property in India.
18. Governing law and disputes
18.1 These Terms are governed by the laws of India.
18.2 The parties will first try to settle a dispute by talking, for 30 days after written notice.
18.3 The courts at Gaya, Bihar have exclusive jurisdiction.
19. Changes to these Terms
We may update these Terms. We will email the Master Admin about material changes at least 30 days before they apply. If you do not agree, you may close your account before the change takes effect; continuing to use the Service after that date means you accept the change.
20. General
- Notices to you go to your Master Admin’s email; notices to us go to the address in section 21.
- Force majeure: neither side is liable for delay caused by events beyond its reasonable control.
- Assignment: you may not transfer this agreement without our consent; we may transfer it with our business, with notice to you.
- Entire agreement: these Terms, the Privacy Policy, the Refund & Cancellation Policy and any signed order form are the whole agreement. A signed order form wins if it conflicts with these Terms.
- Severability / waiver: if a clause is unenforceable the rest stands; not enforcing a right now does not waive it.
21. Contact
Opsx Apex Private Limited, 2nd Floor, Gudar Niwas, Bhadeji, Gaya, Bihar 823003, India · opsx.official@gmail.com · +91 79039 27019