Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and iClock, operated by IDA System & Support, Mauritius (“we”, “us”). By signing up, accessing or using the Service in any way you agree to be bound by these Terms.

1. Definitions

• Service — the iClock web platform, mobile time-clock, APIs and related services.
• Customer — the company or organisation that subscribes to the Service.
• User — any individual (administrator, manager or employee) who accesses the Service under a Customer's account.
• Subscription — the paid plan a Customer has chosen (Trial, Basic, Standard, Premium).

2. Eligibility

You may use the Service if you are at least 16 years old and authorised by your employer or organisation to do so. Customer-level subscriptions may be opened only by a person legally authorised to bind the company.

3. Accounts

• You are responsible for keeping your login credentials confidential.
• You must notify us immediately at support@iclock.mu if you suspect unauthorised access.
• You may not share a single account between multiple individuals; instead, request additional User accounts.
• The Customer is responsible for the actions of every User invited under their tenant.

4. Subscription, billing & trial

• New Customers receive a 14-day free trial (configurable). At the end of the trial, the account is converted to a paid plan unless cancelled.
• Pricing is published in a separate quotation or order form. All prices are in Mauritian Rupees (MUR) unless otherwise stated and exclude VAT.
• Invoices are due 14 days from the invoice date. Overdue accounts may be suspended after written notice.
• Plans renew automatically unless cancelled at least 30 days before the renewal date.

5. Acceptable use

You agree NOT to:

• Use the Service to violate any law, including the Mauritius Data Protection Act 2017, Workers' Rights Act 2019, Computer Misuse and Cybercrime Act, or any equivalent foreign law.
• Attempt to access another Customer's tenant data or bypass the multi-tenant isolation.
• Reverse-engineer, decompile or attempt to extract the source code of the Service.
• Upload malware, viruses or other malicious code.
• Send spam, phishing or unsolicited messages through any communication feature (Email, WhatsApp, SMS).
• Use the Service to surveil, harass or punish employees in a manner that breaches their fundamental rights.
• Resell, sublicense or white-label the Service without our prior written consent.

6. Customer responsibilities

• The Customer is the data controller of all employee personal data uploaded to or generated within their tenant. The Customer must ensure it has a lawful basis (contract, legitimate interest, consent) for each category of data it asks us to process.
• The Customer must inform its employees about the use of selfie and GPS verification at clock-in/out, in line with local employment and privacy law.
• The Customer must keep its tenant's WhatsApp / SMS / email integrations configured truthfully and in compliance with anti-spam laws.
• The Customer agrees not to use the Service for any unlawful surveillance of employees outside their working hours.

7. Data ownership and portability

• The Customer retains ownership of all data uploaded into its tenant (“Customer Data”).
• On request, we will export Customer Data in CSV / Excel format within a reasonable timeframe.
• Within 30 days of subscription termination, we delete or anonymise Customer Data unless the Customer requests an extension or applicable law requires us to retain it.

8. Service levels & availability

• We aim for 99% monthly uptime, excluding scheduled maintenance announced 48 hours in advance.
• Scheduled maintenance is normally performed outside Mauritius office hours.
• The Service is provided “as is”. Aside from the warranties expressly stated in these Terms, no other warranty (express or implied) is given.

9. Suspension & termination

• We may suspend the Service immediately if you breach these Terms, fail to pay, or pose a security risk. We will notify you in writing.
• Either party may terminate the subscription with 30 days' written notice. The Customer remains liable for charges accrued up to the termination date.
• Upon termination we provide a final data export window of 30 days, after which Customer Data is permanently deleted.

10. Intellectual property

All software, source code, designs, trademarks (including iClock and iClock) and documentation are owned by IDA System & Support or its licensors. The Customer receives a non-exclusive, non-transferable licence to use the Service for the duration of the subscription.

11. Limitation of liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special or consequential damages, lost profits, lost savings, or loss of data.
• Our total aggregate liability in any 12-month period is limited to the amount the Customer paid for the Service in that period.
• Nothing in these Terms excludes liability for fraud, gross negligence or any liability that cannot be excluded by law.

12. Indemnification

The Customer agrees to indemnify and hold harmless IDA System & Support against claims arising from (i) the Customer's misuse of the Service; (ii) inaccurate or unlawful Customer Data; (iii) breach of these Terms.

13. Governing law & jurisdiction

These Terms are governed by the laws of the Republic of Mauritius. Any dispute that cannot be resolved amicably is subject to the exclusive jurisdiction of the courts of Mauritius.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced via in-app notification and email at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

15. Contact