SmartFace Attendance

Terms of Service - SmartFace Attendance

1. Introduction and Acceptance

Welcome to SmartFace Attendance, a facial recognition-based attendance management system developed by SmartCodeJunctionInfinity. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SmartFace Attendance ("we," "us," or "our").

By accessing, installing, or using the SmartFace Attendance system (including the Backend API, Face Recognition Service, Mobile Application, and all related services), you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the system.

1.1 Agreement Parties

Organization/Company: The entity subscribing to SmartFace Attendance for attendance management
Administrator: The designated user(s) managing the system on behalf of the organization
Employee/Staff: Individuals whose attendance is tracked using the system
SmartFace Attendance: The service provider and system owner

2. Service Description

2.1 Overview

SmartFace Attendance is a comprehensive attendance management solution that includes:

Backend API (Laravel):

User authentication and authorization
Staff and employee management
Department and shift configuration
Subscription management
Attendance record storage and retrieval
Reporting and analytics

Face Recognition Service (Python/FastAPI):

Facial enrollment using InsightFace AI
Face detection and recognition
Biometric data processing
Multi-photo enrollment (3-10 photos per person)
Configurable recognition thresholds

Mobile Application (Flutter):

Cross-platform iOS and Android support
User authentication and profile management
Staff management interface
Attendance tracking and reporting
Face enrollment and recognition
Real-time notifications

Key Features:

WhatsApp-based registration and verification
Multi-photo face enrollment for improved accuracy
Entry/exit attendance tracking
Duplicate detection and prevention
Device token authentication for terminals
Calendar-based attendance views
Overtime and late arrival tracking
Salary estimation based on attendance
Excel export/import capabilities
Multi-tenant architecture with data isolation

2.2 System Requirements

For Administrators:

Stable internet connection
Modern web browser or mobile device
WhatsApp number for verification
Email address (optional)

For Face Recognition Terminals:

Compatible device with camera
Network connectivity
Valid device token

For Employees:

Willingness to participate in biometric enrollment
Clear facial photographs for enrollment (3-10 photos)

3. Account Registration and Subscription

3.1 Registration

To use SmartFace Attendance, you must:

Provide accurate and complete registration information
Provide a valid WhatsApp number for verification
Create a secure password (minimum 8 characters)
Complete the WhatsApp verification process
Accept these Terms of Service and Privacy Policy

3.2 Account Responsibility

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access
Ensuring your information remains accurate and up-to-date
Compliance with all applicable laws and regulations

3.3 Account Security

Do not share your password or authentication tokens
Use strong, unique passwords
Log out after each session on shared devices
Enable additional security features when available
Report suspicious activity immediately

3.4 Subscription Plans

Subscription details including pricing, duration, and features will be provided separately
Subscriptions may have limits on number of staff, devices, or features
Subscription fees are non-refundable except as required by law
Automatic renewal may apply unless cancelled
We reserve the right to modify subscription plans with notice

4.1 Biometric Enrollment

By enrolling in the face recognition system, you:

Provide explicit, informed consent for collection of facial biometric data
Understand that 3-10 facial photographs will be collected
Acknowledge that facial embeddings (mathematical representations) will be created
Consent to use of biometric data for attendance tracking purposes only
Understand that biometric data will be stored securely and encrypted
Have the right to withdraw consent and request deletion of biometric data

4.2 Purpose Limitation

Biometric data will be used exclusively for:

Identifying employees for attendance tracking
Verifying identity during check-in/check-out
Generating attendance records and reports
Improving recognition accuracy (with ongoing consent)

Biometric data will NOT be used for:

Surveillance or monitoring beyond attendance
Emotional or behavioral analysis
Sharing with third parties
Marketing or advertising purposes
Any purpose not explicitly stated in this agreement

4.3 Employee Rights Regarding Biometric Data

Employees have the right to:

Informed Consent: Understand how biometric data is collected and used
Voluntary Participation: Refuse biometric enrollment (subject to employer policies)
Access: View their stored biometric data status
Deletion: Request deletion of biometric data upon leaving employment
Correction: Re-enroll if recognition accuracy is poor
Complaint: Report concerns to employer or data protection authorities

4.4 Employer Responsibilities

Organizations using SmartFace Attendance must:

Obtain written consent from employees before biometric enrollment
Provide clear notice of biometric data collection
Comply with local biometric privacy laws (BIPA, GDPR, etc.)
Ensure voluntary participation or provide alternatives
Protect employee biometric data from unauthorized access
Delete biometric data within 30 days of employment termination
Maintain records of consent and compliance

5. Acceptable Use

5.1 Permitted Uses

You may use SmartFace Attendance for:

Tracking employee attendance in workplace settings
Managing staff schedules and shifts
Generating attendance reports for payroll
Monitoring overtime and working hours
Exporting data for legitimate business purposes
Integrating with internal business processes

5.2 Prohibited Uses

You must NOT use SmartFace Attendance for:

Illegal Activities: Any unlawful purpose or in violation of laws
Unauthorized Access: Attempting to access other users' data or system components
Reverse Engineering: Decompiling, disassembling, or reverse engineering the software
Data Scraping: Automated extraction of data beyond intended use
Circumvention: Bypassing security measures, authentication, or access controls
Abuse: Harassment, threatening behavior, or harmful conduct
Interference: Actions that disrupt service operation or harm system performance
Unauthorized Surveillance: Using facial recognition beyond attendance tracking
Discrimination: Using attendance data to discriminate based on protected characteristics
Misrepresentation: Providing false information or impersonating others
Commercial Resale: Reselling or redistributing the service without authorization

5.3 Data Usage Restrictions

Do not share employee data with unauthorized third parties
Do not use data for purposes beyond attendance management
Do not export data for unlawful purposes
Comply with data protection laws in your jurisdiction
Respect employee privacy rights

6. Intellectual Property

6.1 Ownership

SmartFace Attendance and all associated intellectual property rights are owned by SmartCodeJunctionInfinity. This includes:

Software code (Backend API, Face Recognition Service, Mobile Application)
System design and architecture
User interfaces and visual designs
Documentation and materials
Trademarks, logos, and brand elements
Algorithms and technical implementations

6.2 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to:

Use the SmartFace Attendance system for internal business purposes
Access the mobile application on authorized devices
Use documentation and materials provided for system use
Make copies solely for backup purposes

This license does not include rights to:

Modify, adapt, or create derivative works
Distribute, sublicense, or resell the software
Remove copyright notices or proprietary markings
Access source code or proprietary algorithms

6.3 User Data Ownership

You retain all rights to:

Employee data you input into the system
Attendance records generated
Reports and exports you create
Organization-specific configurations

We do not claim ownership of your data, but we require a license to process it to provide the service.

6.4 Third-Party Software

SmartFace Attendance uses open-source and third-party software components:

Laravel: PHP framework (MIT License)
InsightFace: Face recognition library (as per its license terms)
MongoDB: Database (Server Side Public License)
Flutter: Mobile framework (BSD License)
Other dependencies as documented

All third-party software is used in compliance with applicable licenses.

6.5 Feedback and Suggestions

If you provide feedback, suggestions, or feature requests:

We may use them to improve the service without obligation to you
You grant us a perpetual, worldwide, royalty-free license to use such feedback
We are not obligated to implement suggestions
No compensation is owed for feedback provided

7. Data Security and Privacy

7.1 Our Commitments

We are committed to:

Protecting your data with industry-standard security measures
Encrypting data in transit (HTTPS/TLS) and at rest
Implementing authentication and access controls
Conducting regular security audits
Responding promptly to security incidents
Complying with data protection regulations (GDPR, CCPA, BIPA)

We do not share, sell, rent, or disclose your data to third parties. All data processing occurs on our secure infrastructure without external data sharing.

7.3 User Responsibilities

You must:

Implement organizational security policies
Train staff on secure system usage
Protect authentication credentials
Report security incidents promptly
Comply with data protection laws applicable to your organization
Obtain necessary consents from employees

7.4 Privacy Policy

Our Privacy Policy (incorporated by reference) provides detailed information about:

Data collection practices
Data usage and processing
Data storage and retention
User rights and choices
Contact information for privacy inquiries

Please review the Privacy Policy.

8. Service Availability and Support

8.1 Service Availability

We strive to provide reliable service but do not guarantee:

Uninterrupted or error-free operation
100% uptime or availability
Immunity from security threats or data loss
Compatibility with all devices or configurations

8.2 Maintenance and Updates

We may:

Perform scheduled maintenance with advance notice
Conduct emergency maintenance as needed
Update software to improve features or security
Modify system architecture or infrastructure
Temporarily suspend service for updates

8.3 Support Services

Support may include:

Documentation and user guides
Technical assistance for system issues
Bug fixes and security patches
Email or ticket-based support

Support does not include:

Customization or bespoke development
Training beyond standard documentation
Third-party integration assistance
On-site support (unless separately contracted)

8.4 Service Level Agreements (SLA)

Specific SLA terms (if applicable) will be provided in your subscription agreement, including:

Uptime commitments
Response time for support requests
Resolution time for critical issues
Remedies for service failures

9. Modifications to Service and Terms

9.1 Service Modifications

We reserve the right to:

Add, modify, or remove features
Update system requirements
Change pricing and subscription plans
Discontinue the service (with notice)
Modify these Terms of Service

9.2 Notice of Changes

For material changes:

Users will be notified via email or in-app notification
At least 30 days' notice for significant changes
Continued use after changes constitutes acceptance
Option to terminate if you disagree with changes

9.3 Terms Updates

We will:

Post updated Terms with a revised "Last Updated" date
Notify users of material changes
Provide access to previous versions for reference
Obtain renewed consent if required by law

10. Payment and Billing

10.1 Subscription Fees

Fees are based on selected subscription plan
Pricing details provided during registration
Fees may be based on number of staff, devices, or features
All fees are exclusive of taxes unless stated otherwise

10.2 Payment Terms

Payments due according to billing cycle (monthly, annually, etc.)
Accepted payment methods will be specified
Automatic renewal may apply unless cancelled
Price changes require 30 days' notice

10.3 Refunds and Cancellations

Subscription fees are generally non-refundable
Cancellations take effect at end of billing period
No pro-rata refunds for partial periods (except as required by law)
Refunds may be issued at our discretion for service failures

10.4 Non-Payment

If payment is not received:

Service may be suspended after grace period
Access to data restricted (but not deleted)
Account may be terminated after extended non-payment
Opportunity to cure payment default will be provided

11. Termination

11.1 Termination by User

You may terminate at any time by:

Cancelling your subscription
Deleting your account
Providing written notice to us

Upon termination:

Access to the system will cease
Data will be retained according to Data Retention Policy
Biometric data deleted within 30 days
No refund for unused subscription period (unless required by law)

11.2 Termination by Us

We may suspend or terminate your account if:

You violate these Terms of Service
You engage in prohibited activities
You fail to pay subscription fees
We discontinue the service
Required by law or legal process
Your conduct harms the service or other users

11.3 Data Export Upon Termination

Before termination:

You may export your data in available formats (Excel, JSON)
Biometric data will be deleted and cannot be exported
Reasonable time provided for data export (typically 30 days)
After termination, data access may be limited or unavailable

11.4 Survival of Terms

The following sections survive termination:

Intellectual Property
Limitation of Liability
Indemnification
Dispute Resolution
Data Retention obligations

12. Limitation of Liability

12.1 Disclaimer of Warranties

SmartFace Attendance is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

Warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy or reliability of results
Error-free or uninterrupted operation

12.2 Limitation of Damages

To the maximum extent permitted by law, we shall not be liable for:

Indirect, incidental, or consequential damages
Lost profits, revenue, or business opportunities
Loss of data or information
Service interruptions or downtime
Unauthorized access to your account
Errors or inaccuracies in attendance data
Reliance on the system for critical decisions
Third-party actions or omissions

12.3 Maximum Liability

Our total liability for all claims arising from or related to the service shall not exceed:

The amount paid by you in the 12 months prior to the claim, or
$1,000 USD, whichever is greater

12.4 Exceptions

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12.5 Allocation of Risk

You acknowledge that the fees charged reflect the allocation of risk set forth in these Terms and that we would not enter into this agreement without these limitations.

13. Indemnification

13.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless SmartFace Attendance, its developers, affiliates, and personnel from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use or misuse of the service
Violation of these Terms of Service
Violation of any laws or regulations
Infringement of third-party rights
Your organization's employment practices
Failure to obtain employee consent for biometric data
Unauthorized access to or use of the service
Content you provide or actions you take using the system

13.2 Defense of Claims

You will:

Promptly notify us of any claims
Cooperate in defense of claims
Not settle claims without our consent
Bear all costs of defense and settlement

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Uttar Pradesh, India, without regard to conflict of law principles.

14.2 Informal Resolution

Before filing a legal claim:

Contact us to attempt informal resolution
Provide detailed description of the dispute
Allow 30 days for good-faith negotiation
Escalate to formal proceedings only if resolution fails

14.3 Jurisdiction and Venue

If arbitration does not apply:

Exclusive jurisdiction in courts of Uttar Pradesh, India
You consent to personal jurisdiction
Venue in Ballia, Uttar Pradesh, India

14.4 Class Action Waiver

You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class or representative action. Class arbitrations and class actions are not permitted.

14.5 Exceptions

The following may be brought in court without arbitration:

Small claims court actions (under jurisdictional limits)
Injunctive relief for intellectual property infringement
Enforcement of arbitration awards

15. Compliance with Laws

15.1 Legal Compliance

You agree to comply with all applicable laws, including:

Employment laws (wage/hour, labor regulations)
Data protection laws (GDPR, CCPA, BIPA, PIPEDA, etc.)
Biometric privacy laws
Anti-discrimination laws
Export control regulations
Industry-specific regulations

15.2 Biometric Compliance

Organizations using SmartFace Attendance must:

Comply with biometric privacy laws in applicable jurisdictions
Obtain proper consents before biometric enrollment
Provide required notices to employees
Implement retention and deletion policies
Allow employees to opt-out or request alternatives (if legally required)

15.3 Export Controls

The software may be subject to export control laws. You agree not to:

Export or re-export the software in violation of laws
Use the software in embargoed countries
Provide access to restricted parties

16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, Data Retention Policy, and Security Policy, constitute the entire agreement between you and SmartFace Attendance regarding the service.

16.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

16.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or successor.

16.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

16.6 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or network failures.

16.7 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.

16.8 Notices

Notices to you may be sent to:

Email address associated with your account
In-app notifications
Physical address (if provided)

Notices to us should be sent to:

Email: legal@smartcodejunctioninfinity.com
Address: Akhilesh Singh, Unnamed Road, Mahakali Mandir, Nibbu-Kabirpur, Rasra, Ballia, Uttar Pradesh - 221712, India

16.9 Language

These Terms are provided in English. Translations may be provided for convenience, but the English version governs in case of conflict.

17. Contact Information

For questions about these Terms of Service:

SmartFace Attendance

Developer: SmartCodeJunctionInfinity
Email: support@smartcodejunctioninfinity.com
Legal: legal@smartcodejunctioninfinity.com
Website: https://smartfaceattendance.in

For specific inquiries:

Privacy questions: See Privacy Policy
Security concerns: See Security Policy
Data retention: See Data Retention Policy
Technical support: Contact support team

By using SmartFace Attendance, you acknowledge that:

You have read and understood these Terms of Service
You agree to be bound by these Terms
You have authority to agree on behalf of your organization (if applicable)
You have read and understood the Privacy Policy, Data Retention Policy, and Security Policy
You consent to biometric data collection as described (employees)
You will comply with all applicable laws and regulations
You understand your rights and obligations

IMPORTANT: If you are an employee being enrolled in the face recognition system, you have specific rights regarding your biometric data. Please review the Privacy Policy and consult with your employer regarding consent requirements, data usage, retention, and your right to refuse or request deletion of biometric data.

© Smart Code Junction Infinity Private Limited

Last modified on December 13, 2025

SmartFace Attendance

Terms of Service - SmartFace Attendance

1. Introduction and Acceptance

1.1 Agreement Parties

Organization/Company: The entity subscribing to SmartFace Attendance for attendance management
Administrator: The designated user(s) managing the system on behalf of the organization
Employee/Staff: Individuals whose attendance is tracked using the system
SmartFace Attendance: The service provider and system owner

2. Service Description

2.1 Overview

SmartFace Attendance is a comprehensive attendance management solution that includes:

Backend API (Laravel):

User authentication and authorization
Staff and employee management
Department and shift configuration
Subscription management
Attendance record storage and retrieval
Reporting and analytics

Face Recognition Service (Python/FastAPI):

Facial enrollment using InsightFace AI
Face detection and recognition
Biometric data processing
Multi-photo enrollment (3-10 photos per person)
Configurable recognition thresholds

Mobile Application (Flutter):

Cross-platform iOS and Android support
User authentication and profile management
Staff management interface
Attendance tracking and reporting
Face enrollment and recognition
Real-time notifications

Key Features:

WhatsApp-based registration and verification
Multi-photo face enrollment for improved accuracy
Entry/exit attendance tracking
Duplicate detection and prevention
Device token authentication for terminals
Calendar-based attendance views
Overtime and late arrival tracking
Salary estimation based on attendance
Excel export/import capabilities
Multi-tenant architecture with data isolation

2.2 System Requirements

For Administrators:

Stable internet connection
Modern web browser or mobile device
WhatsApp number for verification
Email address (optional)

For Face Recognition Terminals:

Compatible device with camera
Network connectivity
Valid device token

For Employees:

Willingness to participate in biometric enrollment
Clear facial photographs for enrollment (3-10 photos)

3. Account Registration and Subscription

3.1 Registration

To use SmartFace Attendance, you must:

Provide accurate and complete registration information
Provide a valid WhatsApp number for verification
Create a secure password (minimum 8 characters)
Complete the WhatsApp verification process
Accept these Terms of Service and Privacy Policy

3.2 Account Responsibility

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access
Ensuring your information remains accurate and up-to-date
Compliance with all applicable laws and regulations

3.3 Account Security

Do not share your password or authentication tokens
Use strong, unique passwords
Log out after each session on shared devices
Enable additional security features when available
Report suspicious activity immediately

3.4 Subscription Plans

Subscription details including pricing, duration, and features will be provided separately
Subscriptions may have limits on number of staff, devices, or features
Subscription fees are non-refundable except as required by law
Automatic renewal may apply unless cancelled
We reserve the right to modify subscription plans with notice

4.1 Biometric Enrollment

By enrolling in the face recognition system, you:

Provide explicit, informed consent for collection of facial biometric data
Understand that 3-10 facial photographs will be collected
Acknowledge that facial embeddings (mathematical representations) will be created
Consent to use of biometric data for attendance tracking purposes only
Understand that biometric data will be stored securely and encrypted
Have the right to withdraw consent and request deletion of biometric data

4.2 Purpose Limitation

Biometric data will be used exclusively for:

Identifying employees for attendance tracking
Verifying identity during check-in/check-out
Generating attendance records and reports
Improving recognition accuracy (with ongoing consent)

Biometric data will NOT be used for:

Surveillance or monitoring beyond attendance
Emotional or behavioral analysis
Sharing with third parties
Marketing or advertising purposes
Any purpose not explicitly stated in this agreement

4.3 Employee Rights Regarding Biometric Data

Employees have the right to:

Informed Consent: Understand how biometric data is collected and used
Voluntary Participation: Refuse biometric enrollment (subject to employer policies)
Access: View their stored biometric data status
Deletion: Request deletion of biometric data upon leaving employment
Correction: Re-enroll if recognition accuracy is poor
Complaint: Report concerns to employer or data protection authorities

4.4 Employer Responsibilities

Organizations using SmartFace Attendance must:

Obtain written consent from employees before biometric enrollment
Provide clear notice of biometric data collection
Comply with local biometric privacy laws (BIPA, GDPR, etc.)
Ensure voluntary participation or provide alternatives
Protect employee biometric data from unauthorized access
Delete biometric data within 30 days of employment termination
Maintain records of consent and compliance

5. Acceptable Use

5.1 Permitted Uses

You may use SmartFace Attendance for:

Tracking employee attendance in workplace settings
Managing staff schedules and shifts
Generating attendance reports for payroll
Monitoring overtime and working hours
Exporting data for legitimate business purposes
Integrating with internal business processes

5.2 Prohibited Uses

You must NOT use SmartFace Attendance for:

Illegal Activities: Any unlawful purpose or in violation of laws
Unauthorized Access: Attempting to access other users' data or system components
Reverse Engineering: Decompiling, disassembling, or reverse engineering the software
Data Scraping: Automated extraction of data beyond intended use
Circumvention: Bypassing security measures, authentication, or access controls
Abuse: Harassment, threatening behavior, or harmful conduct
Interference: Actions that disrupt service operation or harm system performance
Unauthorized Surveillance: Using facial recognition beyond attendance tracking
Discrimination: Using attendance data to discriminate based on protected characteristics
Misrepresentation: Providing false information or impersonating others
Commercial Resale: Reselling or redistributing the service without authorization

5.3 Data Usage Restrictions

Do not share employee data with unauthorized third parties
Do not use data for purposes beyond attendance management
Do not export data for unlawful purposes
Comply with data protection laws in your jurisdiction
Respect employee privacy rights

6. Intellectual Property

6.1 Ownership

SmartFace Attendance and all associated intellectual property rights are owned by SmartCodeJunctionInfinity. This includes:

Software code (Backend API, Face Recognition Service, Mobile Application)
System design and architecture
User interfaces and visual designs
Documentation and materials
Trademarks, logos, and brand elements
Algorithms and technical implementations

6.2 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to:

Use the SmartFace Attendance system for internal business purposes
Access the mobile application on authorized devices
Use documentation and materials provided for system use
Make copies solely for backup purposes

This license does not include rights to:

Modify, adapt, or create derivative works
Distribute, sublicense, or resell the software
Remove copyright notices or proprietary markings
Access source code or proprietary algorithms

6.3 User Data Ownership

You retain all rights to:

Employee data you input into the system
Attendance records generated
Reports and exports you create
Organization-specific configurations

We do not claim ownership of your data, but we require a license to process it to provide the service.

6.4 Third-Party Software

SmartFace Attendance uses open-source and third-party software components:

Laravel: PHP framework (MIT License)
InsightFace: Face recognition library (as per its license terms)
MongoDB: Database (Server Side Public License)
Flutter: Mobile framework (BSD License)
Other dependencies as documented

All third-party software is used in compliance with applicable licenses.

6.5 Feedback and Suggestions

If you provide feedback, suggestions, or feature requests:

We may use them to improve the service without obligation to you
You grant us a perpetual, worldwide, royalty-free license to use such feedback
We are not obligated to implement suggestions
No compensation is owed for feedback provided

7. Data Security and Privacy

7.1 Our Commitments

We are committed to:

Protecting your data with industry-standard security measures
Encrypting data in transit (HTTPS/TLS) and at rest
Implementing authentication and access controls
Conducting regular security audits
Responding promptly to security incidents
Complying with data protection regulations (GDPR, CCPA, BIPA)

We do not share, sell, rent, or disclose your data to third parties. All data processing occurs on our secure infrastructure without external data sharing.

7.3 User Responsibilities

You must:

Implement organizational security policies
Train staff on secure system usage
Protect authentication credentials
Report security incidents promptly
Comply with data protection laws applicable to your organization
Obtain necessary consents from employees

7.4 Privacy Policy

Our Privacy Policy (incorporated by reference) provides detailed information about:

Data collection practices
Data usage and processing
Data storage and retention
User rights and choices
Contact information for privacy inquiries

Please review the Privacy Policy.

8. Service Availability and Support

8.1 Service Availability

We strive to provide reliable service but do not guarantee:

Uninterrupted or error-free operation
100% uptime or availability
Immunity from security threats or data loss
Compatibility with all devices or configurations

8.2 Maintenance and Updates

We may:

Perform scheduled maintenance with advance notice
Conduct emergency maintenance as needed
Update software to improve features or security
Modify system architecture or infrastructure
Temporarily suspend service for updates

8.3 Support Services

Support may include:

Documentation and user guides
Technical assistance for system issues
Bug fixes and security patches
Email or ticket-based support

Support does not include:

Customization or bespoke development
Training beyond standard documentation
Third-party integration assistance
On-site support (unless separately contracted)

8.4 Service Level Agreements (SLA)

Specific SLA terms (if applicable) will be provided in your subscription agreement, including:

Uptime commitments
Response time for support requests
Resolution time for critical issues
Remedies for service failures

9. Modifications to Service and Terms

9.1 Service Modifications

We reserve the right to:

Add, modify, or remove features
Update system requirements
Change pricing and subscription plans
Discontinue the service (with notice)
Modify these Terms of Service

9.2 Notice of Changes

For material changes:

Users will be notified via email or in-app notification
At least 30 days' notice for significant changes
Continued use after changes constitutes acceptance
Option to terminate if you disagree with changes

9.3 Terms Updates

We will:

Post updated Terms with a revised "Last Updated" date
Notify users of material changes
Provide access to previous versions for reference
Obtain renewed consent if required by law

10. Payment and Billing

10.1 Subscription Fees

Fees are based on selected subscription plan
Pricing details provided during registration
Fees may be based on number of staff, devices, or features
All fees are exclusive of taxes unless stated otherwise

10.2 Payment Terms

Payments due according to billing cycle (monthly, annually, etc.)
Accepted payment methods will be specified
Automatic renewal may apply unless cancelled
Price changes require 30 days' notice

10.3 Refunds and Cancellations

Subscription fees are generally non-refundable
Cancellations take effect at end of billing period
No pro-rata refunds for partial periods (except as required by law)
Refunds may be issued at our discretion for service failures

10.4 Non-Payment

If payment is not received:

Service may be suspended after grace period
Access to data restricted (but not deleted)
Account may be terminated after extended non-payment
Opportunity to cure payment default will be provided

11. Termination

11.1 Termination by User

You may terminate at any time by:

Cancelling your subscription
Deleting your account
Providing written notice to us

Upon termination:

Access to the system will cease
Data will be retained according to Data Retention Policy
Biometric data deleted within 30 days
No refund for unused subscription period (unless required by law)

11.2 Termination by Us

We may suspend or terminate your account if:

You violate these Terms of Service
You engage in prohibited activities
You fail to pay subscription fees
We discontinue the service
Required by law or legal process
Your conduct harms the service or other users

11.3 Data Export Upon Termination

Before termination:

You may export your data in available formats (Excel, JSON)
Biometric data will be deleted and cannot be exported
Reasonable time provided for data export (typically 30 days)
After termination, data access may be limited or unavailable

11.4 Survival of Terms

The following sections survive termination:

Intellectual Property
Limitation of Liability
Indemnification
Dispute Resolution
Data Retention obligations

12. Limitation of Liability

12.1 Disclaimer of Warranties

SmartFace Attendance is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

Warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy or reliability of results
Error-free or uninterrupted operation

12.2 Limitation of Damages

To the maximum extent permitted by law, we shall not be liable for:

Indirect, incidental, or consequential damages
Lost profits, revenue, or business opportunities
Loss of data or information
Service interruptions or downtime
Unauthorized access to your account
Errors or inaccuracies in attendance data
Reliance on the system for critical decisions
Third-party actions or omissions

12.3 Maximum Liability

Our total liability for all claims arising from or related to the service shall not exceed:

The amount paid by you in the 12 months prior to the claim, or
$1,000 USD, whichever is greater

12.4 Exceptions

12.5 Allocation of Risk

You acknowledge that the fees charged reflect the allocation of risk set forth in these Terms and that we would not enter into this agreement without these limitations.

13. Indemnification

13.1 Your Indemnification Obligations

Your use or misuse of the service
Violation of these Terms of Service
Violation of any laws or regulations
Infringement of third-party rights
Your organization's employment practices
Failure to obtain employee consent for biometric data
Unauthorized access to or use of the service
Content you provide or actions you take using the system

13.2 Defense of Claims

You will:

Promptly notify us of any claims
Cooperate in defense of claims
Not settle claims without our consent
Bear all costs of defense and settlement

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Uttar Pradesh, India, without regard to conflict of law principles.

14.2 Informal Resolution

Before filing a legal claim:

Contact us to attempt informal resolution
Provide detailed description of the dispute
Allow 30 days for good-faith negotiation
Escalate to formal proceedings only if resolution fails

14.3 Jurisdiction and Venue

If arbitration does not apply:

Exclusive jurisdiction in courts of Uttar Pradesh, India
You consent to personal jurisdiction
Venue in Ballia, Uttar Pradesh, India

14.4 Class Action Waiver

You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class or representative action. Class arbitrations and class actions are not permitted.

14.5 Exceptions

The following may be brought in court without arbitration:

Small claims court actions (under jurisdictional limits)
Injunctive relief for intellectual property infringement
Enforcement of arbitration awards

15. Compliance with Laws

15.1 Legal Compliance

You agree to comply with all applicable laws, including:

Employment laws (wage/hour, labor regulations)
Data protection laws (GDPR, CCPA, BIPA, PIPEDA, etc.)
Biometric privacy laws
Anti-discrimination laws
Export control regulations
Industry-specific regulations

15.2 Biometric Compliance

Organizations using SmartFace Attendance must:

Comply with biometric privacy laws in applicable jurisdictions
Obtain proper consents before biometric enrollment
Provide required notices to employees
Implement retention and deletion policies
Allow employees to opt-out or request alternatives (if legally required)

15.3 Export Controls

The software may be subject to export control laws. You agree not to:

Export or re-export the software in violation of laws
Use the software in embargoed countries
Provide access to restricted parties

16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, Data Retention Policy, and Security Policy, constitute the entire agreement between you and SmartFace Attendance regarding the service.

16.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

16.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or successor.

16.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

16.6 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or network failures.

16.7 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.

16.8 Notices

Notices to you may be sent to:

Email address associated with your account
In-app notifications
Physical address (if provided)

Notices to us should be sent to:

Email: legal@smartcodejunctioninfinity.com
Address: Akhilesh Singh, Unnamed Road, Mahakali Mandir, Nibbu-Kabirpur, Rasra, Ballia, Uttar Pradesh - 221712, India

16.9 Language

These Terms are provided in English. Translations may be provided for convenience, but the English version governs in case of conflict.

17. Contact Information

For questions about these Terms of Service:

SmartFace Attendance

Developer: SmartCodeJunctionInfinity
Email: support@smartcodejunctioninfinity.com
Legal: legal@smartcodejunctioninfinity.com
Website: https://smartfaceattendance.in

For specific inquiries:

Privacy questions: See Privacy Policy
Security concerns: See Security Policy
Data retention: See Data Retention Policy
Technical support: Contact support team

By using SmartFace Attendance, you acknowledge that:

You have read and understood these Terms of Service
You agree to be bound by these Terms
You have authority to agree on behalf of your organization (if applicable)
You have read and understood the Privacy Policy, Data Retention Policy, and Security Policy
You consent to biometric data collection as described (employees)
You will comply with all applicable laws and regulations
You understand your rights and obligations

Last modified on December 13, 2025

1. Introduction and Acceptance

1.1 Agreement Parties

2. Service Description

2.1 Overview

2.2 System Requirements

3. Account Registration and Subscription

3.1 Registration

3.2 Account Responsibility

3.3 Account Security

3.4 Subscription Plans

4. Biometric Data and Consent

4.1 Biometric Enrollment

4.2 Purpose Limitation

4.3 Employee Rights Regarding Biometric Data

4.4 Employer Responsibilities

5. Acceptable Use

5.1 Permitted Uses

5.2 Prohibited Uses

5.3 Data Usage Restrictions

6. Intellectual Property

6.1 Ownership

6.2 License Grant

6.3 User Data Ownership

6.4 Third-Party Software

6.5 Feedback and Suggestions

7. Data Security and Privacy

7.1 Our Commitments

7.2 No Third-Party Data Sharing

7.3 User Responsibilities

7.4 Privacy Policy

8. Service Availability and Support

8.1 Service Availability

8.2 Maintenance and Updates

8.3 Support Services

8.4 Service Level Agreements (SLA)

9. Modifications to Service and Terms

9.1 Service Modifications

9.2 Notice of Changes

9.3 Terms Updates

10. Payment and Billing

10.1 Subscription Fees

10.2 Payment Terms

10.3 Refunds and Cancellations

10.4 Non-Payment

11. Termination

11.1 Termination by User

11.2 Termination by Us

11.3 Data Export Upon Termination

11.4 Survival of Terms

12. Limitation of Liability

12.1 Disclaimer of Warranties

12.2 Limitation of Damages

12.3 Maximum Liability

12.4 Exceptions

12.5 Allocation of Risk

13. Indemnification

13.1 Your Indemnification Obligations

13.2 Defense of Claims

14. Dispute Resolution

14.1 Governing Law

14.2 Informal Resolution

14.3 Jurisdiction and Venue

14.4 Class Action Waiver

14.5 Exceptions

15. Compliance with Laws

15.1 Legal Compliance

15.2 Biometric Compliance

15.3 Export Controls

16. Miscellaneous Provisions

16.1 Entire Agreement

16.2 Severability

16.3 Waiver

16.4 Assignment

16.5 No Third-Party Beneficiaries

16.6 Force Majeure

16.7 Independent Contractors

16.8 Notices

16.9 Language

17. Contact Information

18. Acknowledgment and Consent