In this Policy, unless the context requires otherwise:
1.1.1.
“we”, “us”, “our” and “YTS Labs” mean Think and Scale, a partnership firm registered under the Indian Partnership Act, 1932 [registration number], having its registered office at [address], which trades through its YTS Labs brand and operates HRxBoard.
1.1.2.
“Cancellation Cut-off Date” means the date that is [3] days before a Renewal Date.
1.1.3.
“Client” means the business that subscribes to the Platform under an Order. “Client Admin” means the person the Client names to manage its account. “Client Portal” means the Client’s interface within the Platform.
1.1.4.
“Client Data” means data that the Client or its Client Team uploads or records in the Platform.
1.1.5.
“Fees” means the subscription fees and other charges stated in the Order, excluding GST.
1.1.6.
“First Payment” means the first payment that a Client makes for a paid Subscription Period, after any free trial or pilot.
1.1.7.
“GST” means goods and services tax under the Central Goods and Services Tax Act, 2017 and the corresponding state and integrated tax laws.
1.1.8.
“Limited Use” means that, since the First Payment, the Client has not uploaded more than [limited-use threshold, for example 50 employee records] and has not exported or relied on the Platform for a filing cycle.
1.1.9.
“Order” means the order form, online sign-up or subscription agreement under which the Client subscribes to the Platform.
1.1.10.
“Payment Gateway” means the third-party payment service we use to collect payments, named in our Privacy Policy.
1.1.11.
“Platform” means the HRxBoard application at app.ytslabs.com and its APIs, databases and document storage.
1.1.12.
“Renewal Date” means the date on which a Subscription Period ends and the next one is due to begin.
1.1.13.
“Subscription Period” means each period, monthly or annual, for which Fees have been paid under an Order.
1.1.14.
“Terms of Use” means our Terms of Use for the Platform.
“Working Day” means a day other than a Saturday, Sunday or public holiday at [city].
1.2.
Interpretation. Headings are for convenience only. “Including” means including without limitation. A reference to a statute, rule or direction includes it as amended, re-enacted or replaced. A reference to a clause is to a clause of this Policy. A reference to “writing” includes email.
2. Application and order of precedence
2.1.
This Policy applies to every paid subscription to the Platform. It forms part of the Terms of Use. If this Policy conflicts with an Order, the Order prevails for that Client where the Order expressly says so, and otherwise this Policy applies.
2.2.
This Policy sets out our standard commercial terms for cancellation and refund. It does not limit any right that you have under law that cannot be excluded.
3. Subscriptions and renewal
3.1.
Subscription. HRxBoard is a subscription service. Fees are billed in advance for each Subscription Period, plus GST. Your plan, price, Subscription Period and Renewal Date are shown on your Order and in the Client Portal.
3.2.
Automatic renewal. Unless you cancel on or before the Cancellation Cut-off Date, the subscription renews automatically for a further Subscription Period of the same length, at the Fees then applicable. We tell you this at sign-up, and it is stated on your Order.
3.3.
Renewal reminder. We email the Client Admin a reminder at least [7] days before each Renewal Date, stating the Renewal Date, the Fees that will be charged, how to cancel and the Cancellation Cut-off Date. We will not charge the renewal until the Renewal Date.
3.4.
Fee changes. If we change Fees for a renewal, we give at least [30] days’ written notice under the Terms of Use, and the reminder in clause 3.3 states the new Fees. If you do not accept the new Fees, you may cancel under clause 4.
4. Cancellation
4.1.
How to cancel. The Client Admin may cancel at any time by writing to [billing@ytslabs.com] from the registered email address, or through [account settings] in the Client Portal. Cancelling is as easy as signing up, and we do not ask you to call, attend a meeting or complete extra steps before we process a cancellation.
4.2.
Effect of cancellation. Cancellation takes effect at the end of the current paid Subscription Period. You keep full access to the Platform until then, and we do not charge the next Subscription Period.
4.3.
Cancellation after the cut-off. If you cancel after the Cancellation Cut-off Date but before the Renewal Date, we will still process the cancellation, and we will not charge the renewal if we receive your request before the renewal charge is attempted. If the renewal has already been charged, clause 7 applies.
4.4.
Confirmation. We confirm every cancellation by email within 2 Working Days, stating the date on which access ends and when the data export period begins.
4.5.
Who may cancel. Only the Client Admin or an authorised signatory of the Client may cancel. We may ask for proof of authority before acting, but we will not use this to delay a genuine cancellation.
5. Refunds: General rules
5.1.
Refunds are available only in the situations in clauses 6 to 11. In every other case, Fees paid are not refundable.
5.2.
We decide a refund request in good faith, on the facts, and tell you the reasons if we refuse.
5.3.
A refund covers Fees and GST paid for the affected period. It does not extend to losses, penalties or late fees that you incur because of a missed filing or deadline (see the Risk & Financial Disclaimer).
6. First Payment refund
6.1.
If you request a refund within [14] days after the First Payment, and your use has been Limited Use, we will refund the First Payment in full.
6.2.
This right applies once per Client. A Client that has previously received a refund under this clause, or that was previously terminated for breach, is not eligible.
6.3.
On a refund under this clause, access to the Platform ends on the date we process it, and the data export period in clause 16 starts.
7. Renewal charged because you did not cancel in time
7.1.
If a renewal is charged and you ask for a refund within [3] days of the charge, we will refund the renewal Fees in full, provided that you have not used the renewed Subscription Period beyond signing in and exporting your data.
7.2.
After that, clause 4.2 applies: the subscription runs to the end of the renewed Subscription Period and no part of it is refundable, subject to clauses 8 to 11.
8. Pro-rata refunds when you end the subscription for cause
We refund Fees for the unused part of a prepaid Subscription Period, in proportion to the unused days, when you end the subscription as the Terms of Use allow in any of these cases:
we commit a material breach that we do not remedy within 30 days of written notice;
you validly object to a Sub-processor and the objection cannot be resolved;
you do not accept a material change to the Terms of Use or the Policies, or a material reduction in functionality that you rely on;
we assign the subscription to a successor and you end it within the period the Terms of Use give; or
a Force Majeure Event prevents performance for more than 30 days.
The refund is calculated from the date on which access ends, after taking off any Fees for services already provided.
9. Service failure and service credits
9.1.
Service credits or refunds for an outage or service failure apply only if your Order states an uptime commitment or service credit. In that case the Order states the amount, the way to claim it and the time limit, and we apply it to your next invoice or refund it if there is no next invoice.
9.2.
If your Order contains no such commitment, no credit or refund is due for an outage, and our continuity targets in the Terms of Use are targets and not commitments.
10. Duplicate or incorrect charges
If we charge you twice for the same period, or charge an amount that does not match your Order, we refund the excess in full, together with the GST on it, once we have confirmed the error. Please tell us within [60] days of the invoice. We also correct an invoice where the Client’s GSTIN or details were entered wrongly by us.
11. Statutory and mandatory rights
Nothing in this Policy limits a right that you have under law that cannot be excluded or limited, including any right under the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020 or the guidelines on dark patterns, to the extent they apply to you or to us. If any of them gives you a right to a refund or to cancel that is greater than this Policy gives, that right applies.
12. Suspension and termination for the Client’s breach
No refund is due where we suspend or end the subscription for the Client’s material breach, unlawful use or non-payment, as the Terms of Use allow. Amounts already due remain payable.
13. Plans, upgrades and downgrades
13.1.
Upgrade. An upgrade (more users, Acts or locations, or a higher plan) takes effect at once. We charge the pro-rata difference for the rest of the current Subscription Period, and the higher Fees apply from the next Subscription Period.
13.2.
Downgrade. A downgrade takes effect at the next Renewal Date. No refund or credit is given for the current Subscription Period.
13.3.
Adding or removing items. Adding or removing Acts, locations or users changes your next invoice as your plan shows. Removing an item does not entitle you to a refund for the current period.
14. Taxes, invoices and payment
14.1.
Currency and GST. All prices are in Indian rupees and exclude GST unless the Order says otherwise. GST is added at the rate that applies.
14.2.
Invoices. GST tax invoices are issued by Think and Scale [GSTIN] and are available in the Client Portal under Reports and billing. We issue a credit note for any refund as the CGST Act, 2017 requires, and we adjust GST in line with it.
14.3.
GSTIN accuracy. Please keep your GSTIN and billing details up to date. We cannot reissue an invoice for a changed GSTIN after the return period in which it was filed has closed.
14.4.
Tax deducted at source. If you deduct tax at source, you must pay it to the authority on time and give us the certificate, as the Terms of Use provide. A refund is calculated on the net amount we actually received, together with the amount you deposited with the authority, where we can show that it was paid for us.
14.5.
Payment methods. We accept [UPI / net banking / cards / bank transfer]. Payments are processed by the Payment Gateway, and we do not store your card or UPI details.
14.6.
Failed or overdue payments. If a payment fails, we send notices and try again as the payment method allows. If the amount stays unpaid for [15] days after notice, we may suspend access under the Terms of Use after telling the Client Admin. We do not delete Client Data while you are suspended for non-payment, and you can still export it. Overdue undisputed amounts carry the interest stated in the Terms of Use.
15. Recurring payments
If you pay by card, UPI or another instrument on a recurring basis, you give us your authorisation through the Payment Gateway under the Reserve Bank of India’s directions on recurring payments. We send a pre-debit notification before each debit, as those directions require, and we process each debit only within the limits you set. You may withdraw the mandate with your bank or through the Client Portal at any time. Withdrawing the mandate does not cancel the subscription, so please also cancel under clause 4.
16. Free trials and pilots
If your Order includes a free trial or pilot, it lasts [duration], needs no payment details unless the Order says so, and becomes a paid subscription only if you confirm. If you do not confirm, we do not charge you, and the data you entered is treated like any other Client Data and erased on the schedule in clause 17. The First Payment period in clause 6 starts only after you convert to a paid plan.
17. After cancellation: your data
The Client Admin can export every record and document as Excel and PDF for 30 days after the subscription ends. We then erase Client Data from live systems within 30 days, and backups age out within their 30-day cycle. We issue a deletion certificate on request. Please export your data before you cancel if you need it sooner. Security and audit logs are kept for one year as the Privacy Policy explains. We keep data longer only where the law requires.
18. How to request a refund
18.1.
The Client Admin writes to [billing@ytslabs.com] from the registered email address, or uses [account settings].
18.2.
Include the Client name, the invoice number, the amount, the reason and what you want (cancellation, refund or credit), and any evidence you have.
18.3.
We confirm receipt within 2 Working Days and decide within [5] Working Days. We may ask for further information, in which case the time runs from when we receive it.
19. How refunds are processed
19.1.
If we approve a refund, we pay it to the original payment method within [7 to 10] Working Days, and we issue a credit note.
19.2.
We refund the amount you actually paid for the affected period, [net of / including] non-refundable Payment Gateway charges. Bank or issuer processing times are outside our control, and a refund may take longer to appear in your account.
19.3.
If the original payment method is closed or cannot receive a refund, we will refund to another account in the Client’s name that the Client Admin confirms in writing.
19.4.
We may set off any amount you owe us against a refund where the Terms of Use allow, and we tell you when we do.
20. What is not refundable
Fees for Subscription Periods that you have already used, including where you exported your data afterwards, except as clauses 6 to 11 provide.
Charges for add-ons, onboarding or set-up that we have delivered, unless your Order says otherwise.
Non-refundable Payment Gateway or bank charges, where clause 19.2 says so.
Fees for a Client that we suspended or ended for breach of the Terms of Use.
Losses, penalties, interest or late fees from a missed filing or deadline.
Fees for a downgrade, or for removing users, Acts or locations, in the current Subscription Period.
21. Disputed charges and chargebacks
Please contact billing before you raise a chargeback with your bank, so we can fix a genuine error quickly. If a dispute is not resolved with billing, it goes to the Grievance Officer under the Grievance Redressal Policy. We will not suspend your account for a disputed amount while a good-faith dispute is under review, if you pay the undisputed part. If a chargeback is raised for a charge that was correct, we may recover the amount and our reasonable costs and treat it as non-payment.
22. Changes to this Policy
We may change this Policy for future Subscription Periods. We give the Client Admin at least [30] days’ notice of a change by email or through the Platform. A change does not affect a payment already made or a refund already requested, and a Client that does not accept a material change may cancel under the Terms of Use and receive a pro-rata refund of prepaid Fees for the unused period.
23. Governing law and disputes
This Policy is governed by the laws of India. Disputes are resolved as the Terms of Use provide.
24. Contact
Billing questions: [billing@ytslabs.com]. Unresolved complaints go to the Grievance Officer named in the Grievance Redressal Policy.
Questions or concerns about this policy? Our Grievance Officer is here to help, as set out in the Grievance Redressal Policy.
