1. Acceptance of these Terms
These Terms & Conditions (the “Terms”) form a binding agreement between you and Subhx Infotech OPC Pvt Ltd, a One Person Company incorporated under the Companies Act, 2013 in India (“Subhx”, “we”, “us” or “our”), governing your use of the SubhX Nexus web application, mobile applications, APIs and related services (collectively, the “Service”).
By creating an account, accessing or using the Service, or by clicking “continue”, “sign in” or any similar action, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy and Refund & Cancellation Policy, each incorporated by reference. If you do not agree, you must not use the Service.
If you accept these Terms on behalf of an organisation, you represent that you are authorised to bind that organisation, and “you” refers to that organisation.
2. Eligibility and accounts
- You must be at least 18 years of age and capable of forming a legally binding contract under the Indian Contract Act, 1872 to use the Service.
- An organisation administrator creates a workspace and may invite employees, HR staff and managers. Each user is identified by an email address and authenticates using a one-time passcode (OTP) or supported single sign-on.
- You are responsible for keeping your account credentials, OTPs and devices secure, and for all activity that occurs under your account. Notify us promptly at support@subhx.in if you suspect any unauthorised access.
- The organisation administrator is responsible for managing user roles, permissions and the accuracy of the data added to the workspace, and for ensuring that invited users are authorised to access it.
- We may suspend or terminate an account that we reasonably believe has been compromised, is being used in breach of these Terms, or poses a risk to the Service or other users.
3. Acceptable use
You agree not to, and not to permit any user or third party to:
- Use the Service for any unlawful, fraudulent, or unauthorised purpose, or in violation of any applicable Indian or other law, including data-protection, labour and tax laws.
- Upload, store or transmit any content that is unlawful, infringing, defamatory, obscene, or that you do not have the right to process — including the personal data of employees or candidates without a valid lawful basis.
- Reverse-engineer, decompile, scrape, or attempt to derive the source code of the Service, except to the extent expressly permitted by law.
- Probe, scan or test the vulnerability of the Service, breach security or authentication measures, or circumvent rate limits, usage caps or billing controls.
- Introduce malware, conduct denial-of-service activity, or interfere with the integrity or performance of the Service or the data of any other customer.
- Resell, sublicense or provide the Service to third parties as a service bureau without our prior written consent.
- Use automated means or the API in a manner that exceeds documented limits or that we reasonably determine to be abusive.
We may investigate suspected violations and may remove content or suspend access where we reasonably believe these Terms have been breached.
4. Subscriptions, billing, GST and trials
- The Service is offered on a subscription basis priced in Indian Rupees (INR). Current pricing — including any per-user, per-month rate — is displayed at signup and within the billing area of your workspace, and may be updated for future billing cycles on reasonable notice.
- Unless otherwise agreed in writing, subscription charges are billed in advance and recur automatically for the chosen billing period until cancelled. Some chargeable features (for example KYC verification and certain communications) are metered and debited from your organisation's prepaid wallet on use.
- All fees are exclusive of Goods and Services Tax (GST). Applicable GST and any other statutory taxes, levies or cesses will be added and charged at the prevailing rates, and a GST-compliant tax invoice will be issued to the registered organisation. You are responsible for providing a correct GSTIN and billing details where you wish to claim input tax credit.
- We may offer a free trial for a stated period. At the end of the trial, your subscription will convert to a paid plan unless you cancel before the trial ends or unless we indicate otherwise. Trials are for evaluation, may be limited in features or capacity, and may be modified or withdrawn at any time.
- Late, failed or reversed payments may result in suspension of access until amounts due are settled. Wallet balances and prepaid credits are governed by the Refund & Cancellation Policy.
5. Your data and our role
- As between you and us, you own all data, content and records that you and your users submit to the Service (“Customer Data”), including employee, payroll, attendance and project records. We do not claim ownership of Customer Data.
- You grant us a limited, non-exclusive licence to host, process, transmit, back up and display Customer Data solely to provide, secure, maintain and improve the Service, and to comply with law.
- In respect of personal data contained in Customer Data, you act as the Data Fiduciary (controller) and we act as a Data Processor / sub-processor on your documented instructions, as further described in our Privacy Policy. You are responsible for having a valid lawful basis and any required notices or consents for the personal data you process through the Service.
- You are responsible for the accuracy, quality and legality of Customer Data and for maintaining your own copies where required. On request and on termination you may export your data as described in Section 9.
6. Intellectual property
The Service, including its software, design, user interface, “SubhX” and “SubhX Nexus” names, logos, and all related intellectual property, is and remains the exclusive property of Subhx Infotech OPC Pvt Ltd and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription, and no other rights are granted by implication.
If you provide feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Service, without obligation to you.
7. Warranties and disclaimers
We provide the Service with reasonable skill and care and aim for high availability. However, except as expressly stated in these Terms and to the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis, and we disclaim all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or that it will meet every requirement, and we are not a substitute for professional legal, tax, accounting or payroll-compliance advice. You remain responsible for verifying statutory calculations and filings generated with the help of the Service.
8. Limitation of liability
- To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill, anticipated savings or data, arising out of or in connection with the Service.
- Our total aggregate liability arising out of or relating to the Service in any twelve-month period will not exceed the total subscription fees actually paid by you to us for the Service in that period.
- Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or wilful misconduct.
9. Suspension and termination
- You may cancel your subscription at any time from the billing area or by writing to support@subhx.in, with effect as described in the Refund & Cancellation Policy.
- We may suspend or terminate your access for material breach of these Terms, non-payment, or where required by law, and will give reasonable notice where practicable.
- On termination, your right to use the Service ceases. For a period of 30 days after termination you may request an export of your Customer Data; thereafter we may delete or anonymise it in accordance with our retention practices and applicable law, except where retention is required by law.
- Sections relating to data ownership, intellectual property, disclaimers, limitation of liability, governing law and any accrued payment obligations survive termination.
10. Changes to the Service or these Terms
We may update the Service and these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify the organisation administrator. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
11. Governing law and dispute resolution
These Terms are governed by and construed in accordance with the laws of India. Subject to the parties' right to seek interim relief, the courts at the place of our registered office in India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service. The parties will first attempt to resolve any dispute amicably through good-faith discussions.
12. Grievance redressal and contact
If you have any questions about these Terms, or a grievance regarding the Service, please contact us using the details below. We aim to acknowledge grievances within a reasonable time and to resolve them in accordance with applicable law.
Subhx Infotech OPC Pvt Ltd
- Product
- SubhX Nexus
- support@subhx.in
- Jurisdiction
- India