Terms & Conditions

These Terms & Conditions (the “Terms”) govern your access to and use of the Comsky HRMS platform, websites, mobile applications, APIs and related services (together, the “Service”) provided by Comhard Technologies Pvt Ltd (“Comhard”, “we”, “us” or “our”). By creating a workspace, signing in, or otherwise using the Service, you (the “Customer” or “you”) agree to be bound by these Terms.

If you accept these Terms on behalf of a company or other legal entity, you represent that you are authorised to bind that entity, and references to “you” mean that entity. You must be at least 18 years of age and competent to contract under the Indian Contract Act, 1872. The Service is intended for business use by organisations and their authorised personnel, not for personal or consumer purposes.

• Authorised User — an employee, contractor or agent of the Customer whom the Customer permits to access the Service through a Comsky identity.
• Customer Data — all data, records and content that the Customer or its Authorised Users submit to, or that the Service generates for, the Customer's workspace, including employee, payroll, attendance and statutory records.
• Subscription — the plan, quantity and billing cycle the Customer selects, as recorded in an order, invoice or in-product confirmation.
• Comsky Identity — the central authentication service operated at account.comsky.in through which sign-in to the Service is delegated.
• DPDP Act — the Digital Personal Data Protection Act, 2023 and rules made under it, as amended.

Comsky HRMS is a multi-tenant, cloud-based software-as-a-service platform for human-resource management and Indian payroll, delivered over the internet. Features, modules and statutory rules are provided on an evolving basis and may be improved, added to, or changed from time to time.

Authentication is delegated to Comsky Identity (account.comsky.in). The Service does not store a separate password for your account; identity, multi-factor authentication and session security are handled centrally. A workspace administrator invites Authorised Users by email and assigns their roles. You are responsible for maintaining the confidentiality of sign-in credentials and for all activity that occurs under your workspace.

The Service computes payroll, statutory contributions and related outputs from the data you provide and the rules and policies you configure. Accordingly, you are responsible for:

• Providing accurate, complete and up-to-date master data, including statutory identifiers such as PAN, UAN, ESIC and bank details;
• Having a valid lawful basis to upload and process employee personal data, and issuing any notices and obtaining any consents your employees are entitled to under applicable law;
• Correctly configuring pay components, leave and attendance policies, approval workflows, roles and statutory settings for your organisation;
• Reviewing and verifying every payroll run, register, challan, return and bank file before you rely on it, make a payment, or submit a statutory filing;
• Complying with all laws applicable to you as an employer, including labour, tax and data-protection laws.

Comhard does not provide legal, tax, accounting or financial advice, and the Service is a tool to assist you — not a substitute for professional judgement or for your own statutory obligations.

You agree to pay the fees for the plan and billing cycle you select. Unless stated otherwise, fees are quoted in Indian Rupees (INR) and are exclusive of taxes. Goods and Services Tax (GST) and any other applicable statutory levies will be charged in addition at the prevailing rate, and a valid tax invoice bearing our GSTIN will be issued for each billing period.

• Fees for recurring subscriptions are billed in advance for each billing cycle and, unless stated otherwise, are non-refundable except as set out in our Refund & Cancellation Policy.
• Where you are required by law to deduct tax at source (TDS), you may do so at the applicable rate and must furnish the corresponding TDS certificate within the statutory timeline; the deducted amount will be treated as paid on receipt of a valid certificate.
• Place of supply and tax treatment are determined under the applicable GST law based on the details you provide; you are responsible for the accuracy of your GSTIN and billing details.
• We may revise fees for future billing cycles on prior notice; revised fees apply from the next renewal.
• Overdue amounts may attract interest and may lead to suspension as described below.

Your Subscription begins on the start date of your plan and continues for the selected billing cycle. Unless cancelled, paid Subscriptions renew automatically for successive cycles of the same length at the then-current fees. You may cancel renewal at any time from your account settings or by contacting us, effective at the end of the current paid cycle.

Cancellation, refunds and service credits are governed by our Refund & Cancellation Policy.

Your use of the Service must at all times comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. We may investigate suspected violations and may suspend or restrict access to protect the Service, other customers or third parties.

As between the parties, Comhard and its licensors own all right, title and interest in and to the Service, including its software, design, statutory rule-sets, documentation and trademarks. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your Subscription.

You retain all rights in your Customer Data. If you provide feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Service. You must not copy, resell, sublicense, reverse engineer, decompile, or create derivative works from the Service except to the extent this restriction is prohibited by law.

With respect to personal data contained in Customer Data (for example, your employees' information), the Customer acts as the Data Fiduciary and Comhard acts as a Data Processor processing such data on the Customer's documented instructions and to provide the Service. Our handling of personal data is described in our Privacy Policy.

We implement reasonable technical and organisational security measures, including encryption of sensitive identifiers at rest, role-scoped access, tenant isolation and an append-only audit trail. On termination, you may export your Customer Data within the window described in these Terms and the Refund & Cancellation Policy, after which it may be deleted in the ordinary course.

The Service may interoperate with third-party services and portals — for example Comsky Identity, Tally, banking channels, and statutory portals such as EPFO, ESIC and TRACES. Those services are governed by their own terms and are outside our control. We are not responsible for the availability, accuracy or acts of any third party, and your use of an integration may require you to accept the third party's terms.

Availability commitments, support response targets and service credits are described in our Service Level Agreement, which forms part of these Terms for customers on eligible paid plans.

Each party may receive confidential information of the other. The receiving party will use such information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisers who need it and are bound by confidentiality obligations, or as required by law. This does not apply to information that is public, independently developed, or rightfully received from a third party.

We will provide the Service with reasonable skill and care. Except as expressly stated in these Terms and to the maximum extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all other warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the Service will be uninterrupted or error-free, or that any output, computation or filing artefact will meet every statutory obligation applicable to you. You remain responsible for reviewing and verifying outputs before relying on them.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, arising out of or related to the Service, even if advised of the possibility of such damages.

To the maximum extent permitted by law, each party's total aggregate liability arising out of or related to these Terms will not exceed the total fees paid by the Customer to Comhard for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing limits liability that cannot be limited under applicable law.

You agree to indemnify and hold harmless Comhard and its officers, employees and agents from and against any claims, damages, liabilities and reasonable expenses arising out of or related to your Customer Data, your configuration of the Service, your breach of these Terms or the Acceptable Use Policy, or your violation of any law or third-party right.

We may suspend or restrict access to the Service where reasonably necessary — for example, for non-payment, a material breach of these Terms or the Acceptable Use Policy, a security risk, or a legal requirement. Where practicable, we will give notice and an opportunity to cure.

Either party may terminate a Subscription for material breach that remains uncured after reasonable written notice. On termination or expiry, your right to use the Service ends, and you may export Customer Data within the retrieval window described in the Refund & Cancellation Policy, after which it may be deleted. Fees already due remain payable.

We may update the Service and these Terms from time to time. For material changes, we will provide reasonable notice, for example by posting the updated Terms with a new “Last updated” date or by notifying you in-product or by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

Neither party will be liable for any delay or failure to perform (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, civil unrest, government action, failure of public infrastructure, internet or telecommunications outages, or failures of third-party services.

These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms will first be attempted to be resolved amicably between the parties. Failing that, the dispute will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement, with the seat and venue at [City], India, and proceedings conducted in English.

Subject to the arbitration provision above, the courts at [City], India will have exclusive jurisdiction.

For questions about these Terms, or to raise a grievance, please contact us at legal@comsky.in.

Comhard Technologies Pvt Ltd
Registered office: [Registered office address], India
CIN: [Corporate Identity Number] · GSTIN: [GSTIN]