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Terms of Service

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Please read these Terms of Service ("Terms") carefully before accessing or using KivoDesk. By creating an account or using any part of the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Quick summary: KivoDesk is a business software platform. You own your data. We don't sell it. You are responsible for how you use the platform within your organization. Indian law governs this agreement.

Contents

  1. 1. Agreement to Terms
  2. 2. Description of Service
  3. 3. Account Registration
  4. 4. Acceptable Use
  5. 5. Subscription and Billing
  6. 6. Intellectual Property
  7. 7. Your Data
  8. 8. Disclaimers
  9. 9. Limitation of Liability
  10. 10. Indemnification
  11. 11. Governing Law
  12. 12. Termination
  13. 13. Changes to Terms
  14. 14. Contact

1. Agreement to Terms

These Terms constitute a legally binding agreement between you (or, if you are acting on behalf of an organization, that organization — "Customer") and KivoDesk ("Company," "we," or "us"). By registering for an account, accessing the KivoDesk platform, or using any of its features, you represent that:

  • You are at least 18 years old and legally capable of entering contracts.
  • If acting on behalf of an organization, you have the authority to bind that organization to these Terms.
  • Your use of the Service complies with all applicable Indian laws and regulations.

2. Description of Service

KivoDesk is a cloud-based back-office operating platform designed for Indian startups and SMBs. The Service includes, but is not limited to:

  • GST-compliant invoicing, quotations, and billing ledger management
  • Indian statutory payroll processing — EPF, ESI, Professional Tax, and TDS computation
  • Geofenced shift attendance kiosk and leave management
  • Expense classification and reporting
  • HR operations including employee onboarding and hiring pipeline
  • AI-powered Voice Smart Actions for natural-language business commands
  • Branded client portals and custom request forms

We reserve the right to modify, suspend, or discontinue any feature of the Service with reasonable notice. We will not be liable to you or any third party for any such modifications.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete, and current information. You agree to:

  • Keep your password secure and not share it with anyone outside your organization.
  • Notify us immediately at hello@kivodesk.com if you suspect unauthorized access.
  • Accept responsibility for all activity that occurs under your account.
  • Not create accounts using fictitious identities, automated means, or for competitive intelligence purposes.

Each account belongs to the registered organization. Individual members are added by administrators and inherit the subscription entitlements of the organization.

4. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable Indian or international law or regulation
  • Process data of individuals without obtaining their lawful consent
  • Upload malware, viruses, or any destructive code
  • Attempt to gain unauthorized access to other accounts, servers, or network infrastructure
  • Reverse engineer, decompile, or extract the source code of the Service
  • Resell, sublicense, or white-label the Service without our prior written consent
  • Use the Service to facilitate tax evasion, money laundering, or fraudulent invoicing
  • Transmit unsolicited bulk communications or spam via the Service's email features

Violations of this policy may result in immediate account suspension or termination at our sole discretion.

5. Subscription and Billing

Early Access

During the early access period, qualified accounts receive full access to the Service at no charge for the duration specified at signup. Early access terms are non-transferable and cannot be applied to additional workspaces.

Paid Plans

After the early access period or for accounts joining after the early access cap is reached, the Service is available under paid subscription plans. Pricing, billing cycles, and included features are described on the pricing page. All prices are in Indian Rupees (INR) and are inclusive of applicable GST unless stated otherwise.

Payment

Subscription fees are billed in advance on a monthly or annual basis. Payments are processed through our authorized payment gateway. You authorize us to charge the payment method on file at the start of each billing cycle.

Refunds

Subscription fees are non-refundable except where required by law or as expressly stated in a specific offer. If you cancel mid-cycle, access continues until the end of the paid period.

Taxes

You are responsible for all taxes applicable to your use of the Service beyond the GST that we collect and remit on our invoices to you.

6. Intellectual Property

The Service, including all software, designs, logos, algorithms, and documentation, is the exclusive property of KivoDesk and is protected under Indian copyright, trademark, and trade secret law.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription period solely for your internal business operations, subject to these Terms.

You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying intellectual property without our prior written permission.

7. Your Data

You retain full ownership of all data you upload or create within the Service ("Customer Data"), including invoices, employee records, payroll data, and client information.

By using the Service, you grant KivoDesk a limited license to store, process, and display Customer Data solely for the purpose of providing the Service to you. We will not access your Customer Data except to provide the Service, prevent fraud, or comply with a lawful legal obligation.

You are solely responsible for:

  • The accuracy, legality, and completeness of all Customer Data you provide
  • Obtaining valid consent from employees before uploading their personal data
  • Ensuring your use of the Service complies with the DPDP Act, 2023 and all other applicable data protection laws
  • Maintaining appropriate backups of critical data independent of the Service

Our data handling practices are described in the Privacy Policy, which is incorporated into these Terms by reference.

8. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses. We do not guarantee that statutory calculations (EPF, ESI, PT, TDS) produced by the Service constitute formal legal or tax advice. You should verify critical compliance filings with a qualified Chartered Accountant or tax professional.

Any reliance on information or outputs produced by the Service is at your own risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIVODESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT WILL KIVODESK'S AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO KIVODESK IN THE SIX MONTHS PRECEDING THE CLAIM, OR (B) INR 5,000.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless KivoDesk and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

  • Your access to or use of the Service
  • Customer Data you upload, including any violation of applicable data protection law
  • Your violation of these Terms or any applicable law
  • Any dispute between you and a third party (including your employees or clients)

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Bengaluru, Karnataka, India, conducted in English.

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Bengaluru to prevent irreparable harm.

12. Termination

By You

You may cancel your account at any time from your account settings. Upon cancellation, your access to the Service will continue until the end of your current billing period, after which your data will be retained for 90 days before deletion.

By Us

We may suspend or terminate your account immediately, without prior notice, if:

  • You materially breach these Terms and fail to cure the breach within 7 days of notice
  • We are required to do so by law or court order
  • We reasonably believe your account is being used fraudulently or to cause harm
  • You fail to pay subscription fees when due

Upon termination for cause, we may delete your Customer Data immediately. For all other terminations, the 90-day data retention policy applies.

Effect of Termination

Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), and 11 (Governing Law) survive termination of these Terms.

13. Changes to Terms

We reserve the right to update these Terms at any time. When we make material changes, we will notify you by email at least 14 days before the changes take effect, and update the "Last updated" date at the top of this page. If you continue to use the Service after the effective date, you agree to the revised Terms. If you disagree, you must cancel your account before the effective date.

14. Contact

If you have questions about these Terms, please contact us:

We aim to respond to all legal enquiries within 5 business days.