Who these terms are with
Cadence is provided by Cadence (“we”), operating from:
Near Ambedkar Chowk
Ganiyari Road, Waidhan
Singrauli, Madhya Pradesh 486886
India
They apply to the company that subscribes (“the customer”) and to everyone who signs in. Creating an account or using the service forms a contract under the Indian Contract Act, 1872; acceptance by electronic means is valid under section 10A of the Information Technology Act, 2000.
Cadence asks each person to accept these terms and the privacy policy when they first sign in, in the app or the web console, and records the version accepted and when.
If you are an employee, your employer chose Cadence and configures it. Questions about your own records go to them.
Accounts
Accounts are created by the customer’s administrators, or by the customer’s own systems through the API. A new account is issued a temporary PIN or password that must be replaced at first sign-in. Keep your password to yourself: anything done with your account is treated as done by you.
Administrators must only enrol people who work for them, must be satisfied that each is 18 or over, and must give the notice and obtain the consent that the Digital Personal Data Protection Act, 2023 and the SPDI Rules, 2011 require before recording a person’s photograph and location. That obligation is the customer’s.
Acceptable use
You agree not to:
- punch in for somebody else, or help anybody do so;
- falsify a location, a photograph, or any attendance record;
- attempt to reach another company’s data;
- probe, scan or load-test the service without written permission;
- resell or white-label the service without an agreement permitting it.
Impersonating another person is also a contravention of section 66C of the Information Technology Act, 2000 and of a Data Principal’s duties under section 15 of the DPDP Act, 2023. We may suspend an account that does any of the above, and will tell the customer why.
The API
Customers may connect their own systems using an API key issued from the admin console. You are responsible for keeping that key secret and for everything done with it. We publish rate limits and may change them with notice; we may throttle or revoke a key that threatens the service for others.
An account created through the API is the customer’s enrolment, exactly as one created in the console, and the obligations above apply to it in full. The API returns an invite for the customer to send; we do not contact the people it enrols. The customer also decides whether a new employee’s first phone is approved automatically.
Documented endpoints are stable within an API version. Undocumented behaviour is not a contract and may change without notice.
The mobile app
The Android app is distributed from our own servers rather than an app store. Install it only from cadence.ateek.me/download or a link your administrator gives you. We cannot vouch for a copy obtained anywhere else.
There is no iOS build available for direct download; Apple permits installation only through the App Store or TestFlight.
The app checks for a newer version when it opens, and from Profile → App updates at any time. Most updates are optional. An update marked as required — usually because an older version can no longer work correctly with the service — must be installed before the app can be used again.
Plans and limits
Each subscription is on a plan — the plans and their current prices are published on our pricing page or set out in an agreement with the customer. A plan sets a base fee, the number of employees that fee includes, the price of each further active employee, any minimum number of employees billed, and the features available.
Each plan has a maximum number of active employees. Adding or reactivating an employee beyond that number is blocked until the customer moves to a plan that allows it or deactivates someone else. Deactivated employees do not count towards the limit or the fee, and their records are kept.
Optional add-ons may be taken with a plan where the plan offers them. An add-on is billed alongside the plan, for the same billing period, until it is removed.
A plan may begin with a free trial where the pricing page says so. No fee is charged for the trial period.
Fees and payment
Subscriptions are billed per active employee on the plan agreed with the customer, in Indian Rupees unless the plan states otherwise. Fees are billed in advance, monthly or — where the plan allows — yearly, and a yearly period is invoiced in full at its start. Invoices are raised per billing period and are payable within the terms stated on the invoice.
Prices exclude GST. GST is added on top at the applicable rate, currently 18%, and shown separately on each invoice. If the rate changes, the rate in force when the invoice is raised applies.
Discounts — including those we offer to schools, NGOs and other non-profits — are given at our discretion, apply only for as long as we state when granting them, and may be withdrawn from the next billing period with notice.
We may, at our discretion, provide an account free of charge or on complimentary terms. Such an arrangement is not a commitment to continue it: we may end or change it on 30 days’ notice to the customer, after which the account is billed on the plan we have notified, or the customer may stop using Cadence under “Ending it” below.
We may change our prices. A change does not affect a period already invoiced, and we will give at least 30 days’ notice before it applies to an existing customer.
Tax will be deducted at source where the Income-tax Act, 1961 requires it, provided the customer furnishes the TDS certificate. We may suspend access for an account that remains unpaid 15 days past the due date. Data is not deleted on suspension.
Your data
The customer owns its data and is the Data Fiduciary in respect of it; we process it as a Data Processor to run the service, as described in the privacy policy. On request during a subscription, or within 45 days of it ending, we will export it in a machine-readable form. Data is deleted 45 days after an account closes, so an export must be requested within that window.
Availability
We aim to keep Cadence available and will give notice of planned maintenance where we can. We do not currently offer a contractual uptime guarantee; if you need one, it belongs in a separate agreement.
We are not liable for failure caused by events beyond our reasonable control, including internet or power failure, acts of government, natural disaster, or civil disturbance.
Liability
Cadence is provided as-is to the extent Indian law allows. We are not liable for indirect or consequential loss, and our total liability in any twelve-month period is limited to the fees paid by the customer in that period.
Nothing in these terms limits liability that cannot lawfully be limited, or affects any right a consumer has under the Consumer Protection Act, 2019.
Statutory compliance is the employer’s. Cadence computes attendance and payslip figures from the records it holds, but the customer is responsible for verifying them before anybody is paid, and for its own obligations under the applicable Shops and Establishments Act, the Factories Act, 1948, the Code on Wages, 2019, the Payment of Wages Act, 1936 and any other law governing wages, working hours and the maintenance of registers.
Ending it
A customer may stop using Cadence at any time; fees already invoiced remain payable. We may end an account for a serious or repeated breach of these terms, having given a chance to put it right where it can be.
Changes to these terms
We may change these terms. When a change matters, we will date it here and ask everyone to accept the new version the next time they open the app or the web console; the version each person accepted before stays on record. A customer who does not accept a change may stop using Cadence under “Ending it” above.
Governing law and disputes
These terms are governed by the laws of India. Any dispute shall first be attempted to be resolved amicably; failing which it shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Waidhan, Singrauli, Madhya Pradesh, and the proceedings shall be in English.
Subject to the above, the courts at Singrauli, Madhya Pradesh shall have exclusive jurisdiction.
Notices and contact
Notices to us must be sent to ateeksar@gmail.com and, for anything requiring formal service, to our registered office above. Notices to a customer are sent to the email address on the account.
Grievances about content or data are handled through the route set out in the privacy policy.