Terms of Service

These Terms of Service ("Terms") govern access to and use of TeamTrail, including its mobile applications, web dashboard, reports, APIs, and related services. By registering for, purchasing, accessing, or using TeamTrail, the customer agrees to these Terms. If you accept these Terms on behalf of a company or other legal entity, you confirm that you are authorised to bind that entity.

1. Definitions

1.1. "Company," "we," "us," or "our" means MoveMentrix IT Solutions Private Limited.

1.2. "Customer" means the individual, company, organisation, or other entity subscribing to or using TeamTrail.

1.3. "Services" means the TeamTrail software, mobile applications, web dashboard, hosting, technical support, and associated features provided by the Company.

1.4. "Authorised Users" means employees, field staff, managers, administrators, and other individuals permitted by the Customer to access the Services.

1.5. "Customer Data" means information uploaded, submitted, collected, generated, or stored through the Services on behalf of the Customer, including employee details, location records, attendance, visits, tasks, forms, expenses, and reports.

1.6. "Subscription" means the paid or trial-based right to access and use the Services for a specified period and number of users.

2. Scope of Services

2.1. TeamTrail is a software-as-a-service (SaaS) platform designed to support field force management and workforce operations.

2.2. Depending on the subscription plan, available features may include:

• GPS-based location tracking and route history.
• Employee attendance and duty status.
• Task assignment and completion tracking.
• Customer visits and location management.
• Custom forms, reports, and data exports.
• Expense tracking, odometer records, and beat planning.
• Manager dashboards and administrative controls.

2.3. Features may vary depending on the subscription plan, device compatibility, application version, and configuration.

2.4. The Company may introduce, modify, improve, or discontinue features where reasonably necessary, subject to applicable law and any specific contractual commitments made to the Customer.

2.5. TeamTrail is a management and monitoring tool. It does not independently guarantee employee productivity, attendance accuracy, sales performance, compliance, or business results.

3. Account Registration and Security

3.1. The Customer must provide accurate and current registration, billing, and contact information.

3.2. The Customer is responsible for creating and managing user accounts, assigning permissions, and removing access when an individual no longer requires it.

3.3. Login credentials must be kept confidential. The Customer is responsible for activities carried out through its accounts, except to the extent caused by the Company's breach, negligence, or other legally attributable conduct.

3.4. The Customer must promptly notify the Company of suspected unauthorised access, compromised credentials, or security incidents affecting its account.

3.5. The Company may suspend access where reasonably necessary to protect the Services, users, Customer Data, or the security of its systems, or to address unlawful activity or a material breach of these Terms.

4. Subscription, Fees, and Payment

4.1. Access to paid features requires a valid subscription and payment of the applicable fees.

4.2. Subscription prices, billing frequency, user limits, taxes, and payment terms will be specified in the quotation, order form, invoice, or other written agreement accepted by the Customer.

4.3. Unless expressly stated otherwise, all prices are exclusive of applicable taxes, including Goods and Services Tax (GST).

4.4. The Customer agrees to pay invoices within the agreed payment period. Fees for the applicable subscription period are non-refundable except where expressly agreed in writing or required by applicable law.

4.5. Additional users, modules, integrations, or services may attract additional charges in accordance with the agreed pricing.

4.6. If payment is overdue, the Company may provide notice and a reasonable opportunity to resolve the outstanding amount before restricting or suspending paid access, subject to applicable law and the relevant contract.

4.7. Any change in subscription pricing will be communicated in advance and will apply according to the terms of the applicable subscription or renewal.

5. Free Trials and Demonstrations

5.1. The Company may offer free trials, demonstrations, or limited-access subscriptions for a specified period.

5.2. Trial access may have restricted features, storage, support, or usage limits.

5.3. Unless otherwise agreed in writing, the Company may suspend or discontinue trial access at the end of the trial period if a paid subscription is not activated.

5.4. The Customer is responsible for exporting any data it wishes to retain before the trial ends.

6. Acceptable Use

The Customer and its Authorised Users must not:

• Use the Services for unlawful purposes or in violation of applicable laws.
• Access, monitor, or track individuals without an appropriate lawful basis, required notice, authorisation, or consent.
• Attempt to gain unauthorised access to systems, accounts, or data.
• Reverse engineer, decompile, copy, resell, sublicense, or commercially exploit the Services except as expressly permitted by law or in writing by the Company.
• Upload malicious software, harmful code, or unlawful content.
• Interfere with the security, availability, or performance of the Services.
• Use the Services to harass, discriminate against, unlawfully surveil, or otherwise harm individuals.
• Circumvent subscription limits, access controls, or security mechanisms.

The Company may investigate suspected violations and take proportionate action, including restricting access or terminating the affected account where justified.

7. GPS Tracking and Employee Monitoring

7.1. TeamTrail may collect or process GPS coordinates, location history, timestamps, attendance information, duty status, visit records, and other operational information, depending on the enabled features.

7.2. The Customer is responsible for determining whether and how employee monitoring may lawfully be carried out within its organisation.

7.3. The Customer must provide employees and other affected individuals with appropriate notices and obtain consent or other required authorisation where applicable under law.

7.4. The Customer must configure tracking and monitoring practices appropriately, including working hours, access permissions, retention periods, and monitoring purposes.

7.5. Location accuracy and availability may depend on GPS signals, device hardware, operating-system permissions, internet connectivity, battery settings.

7.6. Location records and automated attendance information may contain errors, delays, gaps, or inaccuracies. The Customer should verify critical records before using them for payroll, disciplinary action, compliance, or other consequential decisions.

7.7. The Company does not guarantee uninterrupted or perfectly accurate real-time tracking.

8. Data Privacy and Protection

8.1. The Company recognises the importance of protecting personal data and will handle personal data in accordance with applicable Indian laws, including the Digital Personal Data Protection Act, 2023, and applicable rules and provisions as they come into force.

8.2. The Company may process account details, employee information, location records, attendance data, usage logs, device information, and other information reasonably required to provide, maintain, secure, and support the Services.

8.3. The Company will use Customer Data for legitimate service-related purposes, including:

• Providing and operating TeamTrail.
• Generating dashboards, reports, and analytics requested by the Customer.
• Maintaining security, troubleshooting, and preventing misuse.
• Providing customer support and managing subscriptions.
• Meeting legal, regulatory, and contractual obligations.

8.4. The Customer is responsible for ensuring that it has a lawful basis to collect and submit personal data through TeamTrail and for fulfilling its applicable obligations regarding notices, consent, and individual rights.

8.5. The Company will implement reasonable technical and organisational safeguards designed to protect personal data against unauthorised access, disclosure, alteration, loss, or misuse.

8.6. The Company may use third-party service providers, including cloud hosting, communications, mapping, analytics, and infrastructure providers, where reasonably necessary to deliver the Services. Such providers may process relevant data subject to applicable contractual and legal requirements.

8.7. The Company will not sell Customer Data as a standalone commercial data product. It may use appropriately aggregated or de-identified information for service improvement and analytics, provided it does not identify individuals or disclose confidential Customer Data.

8.8. Where the Company becomes aware of a personal data breach affecting Customer Data, it will respond in accordance with applicable law and its contractual obligations, including providing relevant notifications where required.

8.9. The Customer must promptly notify the Company of requests from individuals relating to personal data, where Company assistance is reasonably required to fulfil the Customer's legal obligations.

8.10. Further details regarding personal data collection, use, sharing, security, and retention will be described in the Company's Privacy Policy, available at https://www.movementrix.com/privacypolicy.html.

9. Customer Data Ownership and Retention

9.1. As between the Company and the Customer, the Customer retains its rights in Customer Data.

9.2. The Customer grants the Company a limited, non-exclusive right to host, store, process, transmit, and display Customer Data solely as necessary to provide, secure, maintain, and support the Services and fulfil applicable legal obligations.

9.3. The Customer is responsible for the accuracy, lawfulness, and appropriateness of data submitted through its accounts.

9.4. The Customer should maintain independent copies of records and reports that are important to its business. Export functionality, where available, may be subject to plan limits or technical restrictions.

9.5. Customer Data will be retained during the subscription period and thereafter in accordance with the Company's disclosed retention policy, applicable law, and any agreed contractual requirements.

9.6. Following termination, the Customer should request or export available data within the applicable retrieval period. Unless otherwise agreed, the Company may delete or anonymise Customer Data after the applicable retention period, subject to legal retention obligations, backups, and technical limitations.

9.7. The Company will not access or disclose Customer Data except as reasonably necessary for providing the Services, with the Customer's authorisation, for security and support purposes, or as otherwise permitted or required by law.

10. Intellectual Property

10.1. The Company and its licensors retain all rights, title, and interest in TeamTrail, including its software, source code, design, trademarks, documentation, interfaces, and related intellectual property.

10.2. Subject to these Terms and payment of applicable fees, the Company grants the Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the subscription period for its internal business operations.

10.3. No ownership of the underlying software or intellectual property is transferred to the Customer.

10.4. The Customer must not remove proprietary notices or use the Company's trademarks without prior written permission.

10.5. Feedback and suggestions provided by the Customer may be used by the Company to improve its products, provided such use does not disclose the Customer's confidential information or personal data unlawfully.

11. Service Availability and Support

11.1. The Company will make commercially reasonable efforts to maintain the availability and proper functioning of the Services.

11.2. The Services may occasionally be unavailable because of maintenance, upgrades, technical faults, internet or telecommunications failures, third-party failures, or other events beyond the Company's reasonable control.

11.3. Support availability, response times, maintenance commitments, and service-level guarantees, if any, will be governed by the applicable subscription plan or separate written service-level agreement.

11.4. Unless expressly guaranteed in a signed agreement, no specific uptime percentage, response time, or uninterrupted service is promised.

11.5. The Customer is responsible for ensuring that its devices, operating systems, browsers, internet connections, and application permissions meet the requirements of the Services.

12. Third-Party Services and Integrations

12.1. TeamTrail may integrate with or rely on third-party services, platforms, application stores, mapping services, telecommunications networks, and cloud infrastructure.

12.2. Such services may be governed by separate terms, privacy policies, or availability conditions.

12.3. The Company is not responsible for independent third-party services to the extent that failures are outside its reasonable control. This does not exclude liability that cannot lawfully be excluded or responsibility for the Company's own breach of applicable obligations.

13. Disclaimer of Warranties

13.1. To the maximum extent permitted by applicable law, the Services are provided on an "as available" basis, subject to any express warranties or service commitments agreed in writing.

13.2. The Company does not warrant that the Services will be uninterrupted, error-free, compatible with every device, or capable of preventing every technical or operational issue.

13.3. The Customer remains responsible for business decisions, employee management, payroll calculations, legal compliance, and verification of operational records generated through the Services.

13.4. Nothing in these Terms excludes any warranty, right, or remedy that cannot lawfully be excluded under applicable law.

14. Limitation of Liability

14.1. To the maximum extent permitted by applicable law, the Company will not be liable for indirect, incidental, special, exemplary, or consequential losses, including loss of profits, revenue, business opportunities, goodwill, or anticipated savings arising from the use of or inability to use the Services.

14.2. Subject to Clause 14.4, the Company's total aggregate liability arising out of or relating to the Services or these Terms will not exceed the subscription fees actually paid or payable by the Customer to the Company for the twelve (12) months immediately preceding the event giving rise to the claim.

14.3. The limitations in this Clause apply to claims arising in contract, tort, negligence, or otherwise, to the extent permitted by law.

14.4. Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law, including liability for fraud, wilful misconduct, or other matters that cannot lawfully be limited.

14.5. The Company will not be responsible for losses arising from inaccurate information supplied by the Customer, unlawful monitoring instructions, misuse of accounts by the Customer, or third-party failures beyond its reasonable control, except to the extent caused by the Company's own breach or legally attributable conduct.

14.6. The Customer must take reasonable steps to mitigate losses and notify the Company promptly of material issues.

15. Indemnification

15.1. To the extent permitted by law, the Customer agrees to indemnify and hold harmless the Company, its directors, employees, and representatives against third-party claims, losses, and reasonable legal expenses arising from:

• The Customer's unlawful use of the Services.
• The Customer's breach of these Terms.
• The Customer's failure to obtain required notices, consents, or authorisations for employee monitoring or personal data processing.
• Customer Data that infringes third-party rights or violates applicable law.

15.2. This indemnity does not apply to the extent a claim arises from the Company's own breach of law, negligence, wilful misconduct, or other conduct for which the Company is legally responsible.

16. Suspension and Termination

16.1. The Customer may terminate its subscription in accordance with the applicable order form or subscription terms by providing the required notice.

16.2. The Company may suspend or terminate access for material breach of these Terms, unlawful activity, security risks, or non-payment, subject to reasonable notice and an opportunity to remedy the issue where appropriate and legally required.

16.3. The Company may terminate the Services or a subscription for business or operational reasons by providing reasonable advance notice, subject to applicable law and any contractual commitments regarding refunds, prepaid fees, or transition assistance.

16.4. Upon termination, the Customer's right to use the Services will cease, except for any limited access expressly provided for data retrieval or transition purposes.

16.5. Clauses concerning outstanding payments, intellectual property, confidentiality, data retention, indemnification, liability, and dispute resolution will survive termination to the extent necessary to give them effect.

17. Confidentiality

17.1. Each party may receive confidential business, technical, financial, or operational information from the other party.

17.2. The receiving party will use reasonable care to protect confidential information and will use it only for purposes related to the business relationship.

17.3. Confidential information may be disclosed to employees, professional advisers, and service providers who need to know it and are subject to appropriate confidentiality obligations, or where disclosure is required by law.

17.4. This Clause does not apply to information that is publicly available without breach, independently developed, lawfully received from another source, or already lawfully known to the receiving party.

18. Force Majeure

Neither party will be liable for a delay or failure caused by circumstances beyond its reasonable control, including natural disasters, war, civil unrest, government action, widespread telecommunications or internet outages, power failures, epidemics, or major third-party infrastructure disruptions.

The affected party will make reasonable efforts to mitigate the effects and resume performance as soon as practicable. This Clause does not excuse payment obligations for Services already provided.

19. Amendments to These Terms

19.1. The Company may update these Terms to reflect changes in the Services, business operations, or applicable law.

19.2. Material changes will be communicated through the website, email, the application, or another reasonable channel, with advance notice where appropriate or required by law.

19.3. Updated Terms will apply from the stated effective date. Where continued use constitutes acceptance under applicable law, the Customer's continued use after that date will be treated accordingly. If the Customer does not agree to a material change, it may discontinue use and terminate the subscription in accordance with the applicable contract.

20. Governing Law and Indian Jurisdiction

20.1. These Terms will be governed by and interpreted in accordance with the laws of India.

20.2. Subject to applicable law, the courts of competent jurisdiction in Navi Mumbai, Maharashtra, India, will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services.

20.3. Before initiating legal proceedings, the parties will make reasonable efforts to resolve disputes through good-faith discussions.

20.4. Nothing in this Clause restricts a party from seeking urgent interim or injunctive relief from a court of competent jurisdiction or overrides any mandatory jurisdictional requirements under applicable law.

21. General Provisions

21.1. Entire Agreement: These Terms, together with the applicable order form, quotation, and Privacy Policy, constitute the agreement governing the Services, subject to any separately signed agreement.

21.2. Severability: If any provision is held invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

21.3. No Waiver: Failure to enforce a provision does not constitute a waiver of that provision.

21.4. Assignment: The Customer may not assign its rights or obligations without the Company's prior written consent, except where permitted by law. The Company may assign its rights and obligations as part of a merger, restructuring, or transfer of business, subject to applicable law.

21.5. Independent Parties: These Terms do not create a partnership, employment relationship, agency, or joint venture between the parties.

21.6. Electronic Acceptance: Registration, electronic acceptance, or continued use of the Services may constitute acceptance of these Terms to the extent recognised under applicable law.

22. Contact Information

For questions, complaints, privacy requests, or notices relating to these Terms, please contact: