Terms of Use

1. Definitions

For the purposes of these Terms, unless the context otherwise requires:

• "Account" means a registered access profile created for an Employer or User to access the Platform.
• "Application" means any version of the TrueTym software, whether accessed via a mobile device or a web browser. The Application(s) are part of the broader 'Platform' as defined herein.
• "Distribution Partner" or "Partner" means any third-party entity authorized by TrueTym Inc. or TrueTym to market, distribute, resell, integrate, or support the Platform or Services, either independently or in coordination with Employers, under a commercial or partnership arrangement.
• "Employer" means any organization, company, partnership, sole proprietorship, or legal entity that has entered into a subscription, service, or commercial agreement with TrueTym for the use of the Services by its workforce.
• "Personal Data" means any data relating to an identified or identifiable individual, as defined under applicable data protection laws.
• "Platform" means collectively the TrueTym website (https://truetym.com/), web-based dashboard, mobile applications, and associated backend services.
• "Services" means the workforce, attendance, payroll facilitation, compliance, analytics, and related functionalities made available through the Platform.
• "TrueTym" means the TrueTym platform, owned, operated, and provided by TrueTym Inc., a company incorporated and registered under the laws of the State of Delaware, United States of America, together with its affiliates, successors, permitted assigns, and authorized partners.
• "User" means any individual authorized by an Employer to access or use the Platform, including employees, contractors, consultants, interns, or representatives.

2. About TrueTym

TrueTym is a digital-first workforce and business management platform designed to simplify everyday processes, improve efficiency, and build trust through secure and reliable technology.

TrueTym provides solutions including but not limited to:

• Time & Attendance management with geo-fencing
• Shift scheduling and workforce management
• Policy and compliance enablement
• Payroll facilitation
• Secure data handling and analytics
• Passwordless authentication and identity controls

TrueTym is offered primarily to organizations ("Employers"), whose authorized users may include employees, contractors, consultants, or representatives ("Users").

3. Scope & Applicability

These Terms:

• Apply to all access points of the TrueTym Platform, including mobile, web, and desktop interfaces;
• Are applicable globally, including India, the United States, and other jurisdictions where the Platform is accessed;
• Apply to individual users' access to and use of the TrueTym Platform and operate alongside any separate agreement entered into between TrueTym and the Employer under which the Services are provided; and
• Operate in addition to any agreement entered into between TrueTym and an Employer.
• Also apply, mutatis mutandis, to access, use, or facilitation of the Platform and Services by authorized Distribution Partners, to the extent applicable.

In the event of any inconsistency or conflict between these Terms of Use and the agreement executed between TrueTym and the Employer, the Employer's agreement shall prevail, to the extent of such conflict, and shall be binding on the Employer and its authorised users.

4. User Eligibility & Competence

By using the Platform, you represent and warrant that:

• You are competent to read, understand, and accept these Terms;
• You are using the Platform voluntarily or as authorized by your Employer; and
• Where applicable, you have obtained any required permissions or approvals under your employment or contractual arrangement.

5. Employer–Employee Relationship

If you are using the Platform as an employee or worker of an Employer:

• You acknowledge that your use of the Platform is part of your employment or engagement;
• You understand that certain personal data may be collected, processed, and shared with your Employer for legitimate business purposes; and
• Any clarification regarding data usage, policies, or employment terms should be verified directly with your Employer.

Where the Platform is used by Users under an Employer account:

• The Employer acts as the data controller / data fiduciary / business owner (as applicable under law) with respect to User Personal Data.
• The Employer is responsible for:
  • ensuring lawful collection and processing of Personal Data;
  • providing required notices to Users;
  • obtaining valid consent where required by law, including for location tracking and attendance automation.
• TrueTym acts as a data processor / service provider, processing Personal Data solely on documented instructions from the Employer and in accordance with applicable law.
• TrueTym shall not be responsible for an Employer's failure to comply with employment, labor, payroll, tax, or data protection obligations.

TrueTym is not a party to your employment contract and does not control Employer policies.

6. Platform Data Collection

TrueTym may collect the following categories of data strictly for service delivery:

• User identification details provided by Employer;
• Attendance logs, timestamps, and activity records;
• Device metadata (OS version, app version, device identifiers);
• Location data (where enabled) for attendance verification;
• Web-Specific Data: Data collected via web, such as IP addresses, browser type, and cookie identifiers;
• Authentication and access logs.

Unless explicitly authorized by the User or Employer, no personal data is transferred outside the TrueTym ecosystem.

7. Device and Browser Permissions

To function effectively, the Platform may request access to:

• Location Services (including background location) for attendance and geo-fencing;
• Camera for profile verification or document capture;
• Storage / Local Cache for Platform-related files and performance;
• Network access for syncing data.

Notes:

• You may manage permissions through your device settings.
• Certain features may not function if permissions are denied.
• In a web environment, permissions (like camera or location) are managed via browser prompts rather than app store settings.

8. Data Storage & Cloud Infrastructure

• Data is stored on secure cloud infrastructure;
• The exact physical location of servers is determined by third-party cloud service providers;
• Data may be processed across regions to ensure availability, security, and performance;
• TrueTym does not guarantee data residency in a specific country unless contractually agreed with an Employer.

9. Third-Party Services & Integrations

The Platform may integrate with or rely on third-party services, including but not limited to:

• cloud hosting providers,
• payment gateways,
• messaging and notification services,
• analytics and monitoring tools,
• financial service providers, lending partners, insurance providers, or financial product distributors.

Use of such third-party services is subject to their respective terms and policies. TrueTym does not control and is not responsible for third-party services or their availability, accuracy, or security.

Subject to applicable law and Employer authorization, data generated through the Platform may be used to enable, promote, or facilitate financial and allied services, including payroll-linked financial offerings, credit products, insurance, or similar services, either directly by TrueTym or through authorized partners.

10. Data Sharing, Retention & Security

• Data is shared only with authorized parties, including Employers and service providers;
• Retention Standard: Data is retained only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements;
• Contractual & Operational Alignment: Notwithstanding the above, retention periods are further governed by the specific commercial agreement with the Employer and TrueTym's internal operational requirements (such as system backups and disaster recovery protocols);
• Purging Protocols: TrueTym conducts periodic reviews of data retention and implements automated purging protocols for data associated with accounts that have been inactive or terminated for a period exceeding 3 years, subject to statutory preservation requirements;
• Industry-standard technical and organizational security measures are implemented;
• No sale of personal data is conducted by TrueTym.

11. Payroll & Financial Feature Disclaimer

Where payroll or financial features are enabled by an Employer:

• Payroll calculations, salary amounts, deductions, and disbursements are based on data provided or approved by the Employer.
• TrueTym does not verify the accuracy or legality of payroll inputs.
• TrueTym is not liable for incorrect payments arising from Employer-provided data, configuration errors, or delayed funding.
• TrueTym does not act as an employer, recruiter, guarantor, or financial institution.

12. User Rights & Privacy Compliance

TrueTym endeavors to align its data handling practices with applicable data protection and privacy frameworks, taking into account the nature of the Services, contractual arrangements, and evolving regulatory expectations.

Users may have rights to:

• Access, correction, or deletion of personal data
• Withdraw consent where legally permitted
• Raise grievances through designated channels

Requests may be routed through the Employer where required.

13. Website Cookies & Analytics

By using the Platform via a web browser, you consent to the use of cookies and analytics as described in our Privacy Policy.

14. Acceptable Use

You agree not to:

• Misuse, reverse engineer, or interfere with the Platform
• Upload malicious code or false information
• Access data without authorization
• Use the Platform for unlawful or fraudulent purposes
• Use any robot, spider, scraper, or other automated means to access the Platform or extract data
• Fail to secure your account or log out of the Platform when using a shared or public device.

Violation may result in suspension or termination of access.

15. Platform-Specific Location Tracking Consent

Where enabled by the Employer:

• Location Data may be used solely for attendance and operational purposes
• Tracking is limited to configured working hours or defined use cases
• TrueTym does not conduct continuous surveillance beyond configured parameters
• Location Accuracy Disclaimer – Location data accuracy depends on device hardware, operating system, network availability, and environmental conditions. TrueTym does not guarantee precise or continuous location accuracy and shall not be liable for discrepancies arising from technical limitations beyond its control.
• Data basis: On the Web App and Website, location is determined via IP Address or Browser Geolocation API, whereas on the mobile app, it uses GPS/Cellular data.
• Location data is collected only when enabled by the Employer and subject to device-level permissions controlled by the User.
• TrueTym relies on device-generated signals and does not independently verify or manipulate location data.
• TrueTym shall not be liable for inaccuracies, misuse, or misinterpretation of location data arising from Employer configurations, device limitations, or third-party systems.

16. Subscription, Payments & Access

• Subscriptions are purchased by Employers unless otherwise stated
• Fees, billing cycles, and renewals are governed by Employer agreements
• Users do not acquire ownership rights in the Platform or Services

17. Beta & Experimental Features (AI & Automation)

TrueTym may introduce beta or experimental features, including AI-driven analytics.

Such features:

• Are provided "as-is"
• May change, be limited, or discontinued
• Should not be relied upon for critical decisions without verification

18. Intellectual Property

All intellectual property rights in the Platform, and Services, including software, source code, trademarks, logos, and proprietary content, are owned by TrueTym Inc. or its licensors. No rights or licenses are granted except as expressly stated herein.

19. Disclaimers & Limitation of Liability

• Services are provided on an "as available" basis
• TrueTym does not guarantee uninterrupted, error-free, or secure operation of the Platform. Service availability may be affected due to, viz., scheduled or emergency maintenance, upgrades, or infrastructure changes; failures or delays caused by third-party service providers, network outages, or force majeure events. TrueTym shall use commercially reasonable efforts to maintain service availability and performance.
• To the maximum extent permitted by applicable law, TrueTym shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• In no event shall TrueTym's total cumulative liability arising out of or relating to these Terms or the Services exceed the total fees paid or payable by the Employer to TrueTym for the Services during the twelve (12) months preceding the event giving rise to the claim.
• TrueTym is not responsible for data discrepancies or delays in synchronization between the mobile application and web interfaces caused by internet connectivity issues or device-specific limitations.

20. Indemnity

You agree to indemnify and hold harmless TrueTym from claims arising due to:

• Violation of these Terms
• Misuse of the Platform
• Breach of applicable laws

21. Suspension & Termination of Access

TrueTym may suspend or terminate access to the Platform:

• upon instruction from an Employer;
• for violation of these Terms;
• to protect security, integrity, or legal compliance of the Platform.

Upon termination, access to data may be restricted or retained in accordance with contractual obligations and applicable law.

22. Arbitration, Governing Law & Jurisdiction

Nothing in this section prevents either party from seeking injunctive or equitable relief from a court of competent jurisdiction for protection of intellectual property or confidential information.

• India: For Users located in India or where the Employer is incorporated in India, these Terms shall be governed by and construed in accordance with the laws of India. Any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Platform shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bengaluru, India, and the arbitration proceedings shall be conducted in English. The arbitral award shall be final and binding on the parties.
• United States: For Users located in the United States or where the Employer is incorporated in the United States, these Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The seat of arbitration shall be Delaware, USA, the proceedings shall be conducted in English, and the arbitral award shall be final and binding.
• Other Geographies: For Users or Employers located outside India and the United States, these Terms shall be governed by the laws of the State of Delaware, USA, excluding conflict of law principles. Any disputes shall be resolved through binding arbitration in English, at a venue determined by TrueTym Inc., in accordance with internationally recognized arbitration rules, to the extent permitted by applicable law.

23. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitral tribunal of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

24. Assignment

• TrueTym may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate restructuring, or sale of assets.
• Users may not assign or transfer their rights or obligations under these Terms without prior written consent of TrueTym.

25. Changes to Terms

• TrueTym may update these Terms from time to time. Continued use of the Platform constitutes acceptance of revised Terms.
• For web-based access, the 'Last Updated' date at the top of these Terms serves as notice of changes; continued use of the URL constitutes acceptance.

26. Contact Information

For questions or concerns regarding these Terms:

Email: connect@truetym.com
Website: www.truetym.com

27. Acceptance

By tapping "ACCEPT", clicking 'SIGN UP', or otherwise accessing the Platform via any device, you acknowledge that you have read, understood, and agreed to these Terms of Use.