Terms & Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern access to and use of the FlexziOne platform. They form a binding agreement between FlexziOne, whose registered office is at 1st Floor, No. 2, Rajarajan Street, Above Punjab National Bank, Navarathna Garden, Ekkatuthangal, Chennai, Tamil Nadu 600032, India (“FlexziOne”, “we”, “us”, or “our”), and the customer organisation or individual accessing the Service (“you”, “your”, or the “customer”).

FlexziOne is an HR Infrastructure Tool designed to help businesses, HR teams, recruitment agencies, staffing organisations, employers and other organisations streamline and manage their HR infrastructure and related workforce processes through technology-enabled solutions.

FlexziOne provides digital tools and infrastructure that may support recruitment, staffing, employee administration, workforce coordination, HR operations and other related business activities.

FlexziOne is a technology platform. It does not replace the customer's responsibility to comply with applicable employment, labour, payroll, tax, statutory, privacy, data protection or other legal requirements.

2. Purpose and Services

FlexziOne provides a scalable online platform designed to support organisations in managing and coordinating their HR infrastructure and related workforce operations.

Depending on the customer's subscription, configuration or service arrangement, FlexziOne may provide tools and features relating to:

• HR infrastructure management
• Recruitment and candidate management
• Staffing and workforce coordination
• Employee information management
• Employee documentation
• Attendance and work-status management, including optional face-based attendance verification
• Leave-related processes
• Payroll-related information and operational support
• Employee and workforce records
• Administrative and operational workflows
• Reports and dashboards
• Other HR and workforce-related tools introduced by FlexziOne from time to time

The specific features available to each customer may vary depending on the applicable plan, configuration, commercial arrangement or services purchased. FlexziOne does not guarantee that every feature or functionality will be available to every customer.

3. Account Terms

To use FlexziOne:

• You must be at least 18 years of age or otherwise legally authorised to enter into a binding agreement.
• You must provide accurate, complete and current information when creating and maintaining your account.
• You are responsible for maintaining the confidentiality and security of your account credentials.
• You are responsible for all activities performed through your account by you or your authorised users.
• You must promptly notify FlexziOne of any suspected unauthorised access, misuse or security incident involving your account.
• You must ensure that individuals provided with access to your account are authorised to use the Service.
• You must not knowingly provide false, misleading or fraudulent information.
• FlexziOne may communicate with you through registered email, SMS, telephone or other communication channels regarding account administration, billing, service notifications, security, support, updates and other matters relating to the Service.
• FlexziOne reserves the right to refuse, restrict or discontinue access where reasonably necessary and permitted by applicable law.

4. Customer Responsibilities

Customers are responsible for their use of FlexziOne and agree to:

• Use the Service only for lawful business and organisational purposes.
• Provide accurate and up-to-date information.
• Ensure that information uploaded to or processed through FlexziOne is accurate and lawful.
• Maintain appropriate access controls for administrators, HR personnel, recruiters, managers, employees and other authorised users.
• Ensure that employees, candidates, contractors, agents and other individuals whose information is processed through the platform are handled in accordance with applicable laws.
• Obtain any necessary permissions, notices, consents, authorisations or other lawful bases required to collect and process personal information through FlexziOne.
• Ensure compliance with applicable employment, labour, privacy, data protection, tax, payroll and other laws relevant to their organisation.
• Ensure that all authorised users comply with these Terms.

Customers are solely responsible for decisions made based on information entered, stored, generated or processed through FlexziOne.

4.1 Biometric Attendance Features

Where the customer enables face-based attendance verification, the customer acts as the Data Fiduciary for that processing and is additionally responsible for:

• Determining whether the use of biometric attendance verification is lawful and appropriate for its workforce.
• Providing each affected employee with clear notice before enrolment.
• Obtaining and maintaining a valid lawful basis, including consent where required.
• Providing a reasonable alternative attendance method for employees who do not consent or who subsequently withdraw consent, and ensuring that no employee is penalised for declining.
• Responding to employee requests relating to biometric data, with FlexziOne's reasonable assistance.

5. Payment Terms

• The Service is billed based on the applicable subscription plan, pricing arrangement, quotation, order form or commercial agreement.
• Subscription or service fees may be payable in advance or according to the payment schedule agreed with the customer.
• Fees are generally non-refundable unless otherwise agreed in writing by FlexziOne or required under applicable law.
• No refunds or credits will generally be provided for partial subscription periods, unused features or unused periods while the account remains active.
• Applicable taxes, including GST and other statutory charges, may be charged in addition to the applicable fees.
• Customers are responsible for making payments within the agreed payment period.
• FlexziOne may modify its pricing, plans, features or billing structure by providing reasonable notice where applicable.
• Where payments remain overdue, FlexziOne may restrict or suspend access to the Service after providing reasonable notice, subject to applicable agreements and law.

6. Customer Data and Privacy

Customers may upload or provide employee information, candidate information, documents, attendance-related information, payroll-related information, contact information and other business or personal data through FlexziOne.

6.1 Customer Data Ownership

FlexziOne does not claim ownership of customer data lawfully uploaded or provided by the customer. The customer retains its rights in such data, subject to the rights and permissions necessary for FlexziOne to provide, maintain, secure, support and operate the Service.

6.2 Customer Responsibility

Customers are responsible for ensuring that they have the necessary legal authority to collect and process personal information; that they provide required notices to employees, candidates or other individuals where applicable; that they obtain required consent or establish another lawful basis for processing personal data where required; that the information provided to FlexziOne is accurate and lawful; and that their use of FlexziOne complies with applicable privacy and data protection requirements.

6.3 FlexziOne's Responsibilities

FlexziOne will maintain commercially reasonable administrative, physical and technical safeguards designed to protect the security, confidentiality and integrity of customer data.

The processing and protection of personal information is also governed by the FlexziOne Privacy Policy (flexzione.com/privacy) and the DPDP Compliance Statement (flexzione.com/dpdp), each of which forms part of these Terms.

7. Modification of Services

FlexziOne may modify, improve, replace, suspend or discontinue any part of the Service for operational, technical, security, business, legal or other legitimate reasons.

Where reasonably practicable, FlexziOne may provide prior notice of material changes or discontinuation of significant features. FlexziOne does not guarantee that any particular feature or functionality will remain available indefinitely.

8. Cancellation and Termination

Customers may cancel their account by contacting FlexziOne through the official support channel or in accordance with the applicable subscription or commercial agreement.

Upon cancellation:

• The customer remains responsible for all fees incurred up to the effective cancellation date.
• The customer generally will not be charged for future billing periods after the effective cancellation date, subject to the applicable agreement.
• Access to the Service may cease following cancellation.
• Customer data may be retained, exported or deleted in accordance with applicable contractual terms, privacy practices and data retention requirements.

FlexziOne may suspend or terminate an account where it reasonably believes that these Terms have been violated; that applicable laws or regulations have been violated; that the Service is being used for fraudulent, abusive, unauthorised, illegal or harmful activities; or that continued access presents a security, operational or legal risk.

Where reasonably practicable, FlexziOne will make reasonable efforts to notify the customer before suspension or termination.

9. Intellectual Property and Ownership

FlexziOne owns or has the necessary rights to the intellectual property associated with the Service, including the FlexziOne name and branding, trademarks and logos, software and technology, platform architecture, user interface and design elements, workflows and system functionality, documentation, graphics and platform materials, proprietary technology and other related intellectual property.

Except where expressly permitted, customers may not:

• Copy or reproduce the Service.
• Modify or adapt the Service.
• Create derivative works from the Service.
• Sell, lease, sublicense or distribute the Service.
• Reverse engineer, decompile or disassemble the Service.
• Attempt to extract source code or proprietary technology.
• Use FlexziOne's intellectual property without prior written authorisation.

Nothing in these Terms transfers ownership of FlexziOne's intellectual property to the customer.

10. General Conditions

Customers must not:

• Use FlexziOne for unlawful or fraudulent purposes.
• Upload or distribute malware, viruses, worms or other malicious software.
• Use the Service to transmit spam or unauthorised communications.
• Attempt to gain unauthorised access to the Service or another user's account.
• Interfere with or disrupt the operation or security of the Service.
• Circumvent security mechanisms or usage restrictions.
• Use automated systems to access or extract information from the Service except where expressly authorised.
• Infringe the intellectual property, privacy or other rights of third parties.
• Resell, sublicense, duplicate or commercially exploit the Service without written permission from FlexziOne.

FlexziOne may restrict or remove content or suspend accounts where reasonably necessary to address unlawful, abusive, fraudulent, infringing, threatening, harmful or otherwise prohibited activity.

11. Disclaimer of Warranties

The Service is provided “as is” and “as available”, except to the extent that any warranty cannot legally be excluded.

To the maximum extent permitted by applicable law, FlexziOne does not warrant that the Service will be continuously available; that it will always be uninterrupted or error-free; that it will be completely secure or free from defects; that all errors or bugs will be corrected; that it will meet every specific business requirement of every customer; or that information generated, stored or processed through the Service will always be accurate or complete.

FlexziOne is an HR Infrastructure Tool and does not provide legal, employment, labour, tax, payroll, financial, statutory or other professional advice merely through the provision of software, information, reports or functionality.

Customers are responsible for independently verifying information and ensuring compliance with laws and regulations applicable to their organisation.

12. Limitation of Liability

To the maximum extent permitted by applicable law, FlexziOne, its affiliates, employees, representatives, service providers and partners will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages arising from or relating to:

• Your use or inability to use the Service.
• Loss of business, revenue, profits or opportunities.
• Business interruption.
• Loss of data, except where liability cannot legally be excluded.
• Reliance on information generated or processed through the Service.
• Unauthorised access or events outside FlexziOne's reasonable control.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless FlexziOne, its affiliates, employees, representatives, service providers and partners from claims, liabilities, losses, damages, costs and expenses arising from your violation of these Terms; your unlawful use of the Service; your violation of applicable laws or third-party rights; your unauthorised use of the Service; or customer data or content submitted through your account where you did not have the necessary rights or authorisation.

14. Force Majeure

FlexziOne will not be responsible for delays, interruptions or failures caused by circumstances beyond its reasonable control, including natural disasters, government actions, internet or telecommunications failures, power failures, cyber incidents, infrastructure failures, labour disruptions, war, civil unrest or other similar events.

15. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be modified or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

16. Waiver

The failure of FlexziOne to exercise or enforce any right under these Terms will not constitute a waiver of that right.

17. Entire Agreement

These Terms, together with any applicable subscription agreement, order form, service agreement, the Privacy Policy, the DPDP Compliance Statement and other applicable policies, constitute the agreement between you and FlexziOne regarding your use of the Service.

These Terms supersede all previous versions relating to the same Service unless otherwise agreed in writing. The version and last-updated date shown at the top of this document identify the applicable version.

18. Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of India, without regard to conflict-of-law principles.

Subject to applicable law, disputes arising from or relating to these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the competent courts at Chennai, Tamil Nadu, India, being the location of the registered office of FlexziOne.

19. Contact Information

For questions, concerns, support requests or other communications regarding these Terms, please contact:

Entity

FlexziOne

Website

flexzione.com

Email

support@flexzione.com

Registered Office

1st Floor, No. 2, Rajarajan Street, Above Punjab National Bank, Navarathna Garden, Ekkatuthangal, Chennai, Tamil Nadu 600032, India

Grievance Officer

Nagendra C Lokaraj — support@flexzione.com