1. The agreement
These terms of service (the “terms”) are an agreement between MYLABS AI SOLUTIONS (OPC) PRIVATE LIMITED, Puducherry, India (“MYLABS”, “we”, “us”) and the organisation that signs up for or buys ClearHours (“you”, the “customer”).
The person who accepts these terms when signing up confirms that they may bind the organisation. The sign-up form asks for acceptance of these terms and of the data processing agreement, and records the acceptance with the time, the IP address and the browser details.
The agreement consists of these terms, the data processing agreement (the “DPA”) and, for Enterprise customers, any order form we sign with you. An order form prevails over these terms for what it covers, and the DPA prevails over both for personal data.
2. Words used in these terms
- Service
- ClearHours: the agent, the web dashboard, the API and the features of your plan.
- Workspace
- Your organisation’s separate area of the service, kept apart from every other customer’s.
- Customer data
- Data that you or your users put into the service or that the agent records for you, including personal data of your employees and contractors.
- User
- A person to whom you give access to the dashboard, in one of its roles.
- Seat
- The unit of per-seat pricing, counted as clause 5.3 describes.
3. The service
ClearHours records the working time and activity of the people you enrol, and lets you run attendance, timesheets and projects. What the agent records, and what it never records, is set out in section 5 of our privacy policy and in Annex A of the DPA.
The agent supports Windows. Features labelled Preview in the product or on our website, which today are the macOS and Linux agents, the desktop companion app and the AI assistant for employees, are built but have not yet run in production. We provide them as they are; they may change or be withdrawn.
Each plan includes the features listed for it on the pricing page.
4. The free trial
A new organisation can use ClearHours free for 90 days, with up to 25 seats and every feature. No card is needed to start the trial.
When the trial ends without a paid plan, the workspace pauses: the billing page stays available so an administrator can buy a plan, and the rest of the dashboard and API stop until one is bought. Ending the trial does not delete your data. If you decide not to continue, you can ask us to return or delete it as clause 12.4 describes.
Buying a plan during the trial ends the trial at once. Unused trial days are not carried over.
5. Plans, seats and billing
The Core and Pro plans are priced per seat: per month on monthly billing, or per year on annual billing. The prices are those on the pricing page and at checkout. The Enterprise plan, from 100 seats, is priced by quotation and set out in an order form.
You pay in advance for each period. Customers in India are billed in rupees and GST at 18% is added (CGST and SGST, or IGST). Customers outside India are billed in US dollars without GST, as an export of services. We issue our own GST tax invoice for every payment; a payment receipt from Stripe is not the tax invoice.
Each day we count the seats in use as the larger of the number of employees who have an enrolled computer assigned to them, and the number of computers that recorded activity that day.
If you use more seats than you pay for, the dashboard tells your administrators. Nothing is switched off, but we may ask you to add the seats you use.
You can pay by card on Stripe’s secure page, or by invoice paid by bank transfer or an eNACH mandate arranged with us. Card details are entered on Stripe’s page and never reach us. In India an order above ₹15,000 including GST is invoiced, because RBI rules require a card holder to approve each renewal that large. An invoice is due within a week.
If a card payment fails, or an invoice is not paid by its due date, and the amount is still unpaid 15 days later, the subscription ends and the workspace pauses as clause 4.2 describes.
6. Changing or cancelling a plan
More seats or a higher plan are charged when you make the change, for the rest of the current period. Fewer seats or a lower plan apply from the next renewal.
An administrator can cancel at any time from the billing page of the dashboard. The plan then runs to the end of the period you have paid for and nothing more is charged.
You can choose to end the plan at once instead. Amounts already paid are not refunded, unless we agree otherwise in writing or the law requires a refund.
7. Your data and our roles
You own customer data. We claim no rights in it beyond those in clause 7.2.
You allow us to process customer data only to provide, secure and support the service for you, as the DPA sets out. We do not sell it, use it for advertising, use it to train models or combine it with other customers’ data. Figures about the running of the service that cannot identify anyone, such as request counts, error rates and storage volumes, are not customer data.
Under the Digital Personal Data Protection Act 2023, you are the Data Fiduciary for the personal data of your employees, contractors and users in the service, and MYLABS is your Data Processor. The DPA sets out our duties as processor.
MYLABS is the Data Fiduciary for the administrator, billing and contact data it uses to run your account. Our privacy policy covers that data.
While your workspace is active you can export reports, timesheets, payroll files, projects and each person’s data from the dashboard.
8. Your responsibilities to your people
You decide whether, why and how to use ClearHours with your employees and contractors, and you are responsible for having a lawful basis for doing so.
Before recording begins, you tell the people you enrol what is recorded and why. ClearHours provides notice templates, shows your notice when the agent first runs and records each acknowledgement.
You install the agent only on computers your organisation manages, never on personal devices.
You do not use ClearHours as the only basis for a decision about discipline, termination or pay. ClearHours reports what was recorded; people make the decisions.
On a computer used by several people at the same time, such as a remote desktop server, activity is counted for the computer, not the person. Use the agent on single-user computers, or accept figures per computer for shared ones.
You do not try to hide the agent from the people it records, reach data that is not yours, disrupt the service, or probe its security without our written agreement.
We may suspend a workspace that is used unlawfully or against this section. We tell your administrators first, unless the law or an urgent risk to people or to the service prevents it.
9. Accounts and access
Your administrators decide who has access and in which role: organisation administrator, manager (their own teams), viewer (team and organisation figures only) or employee (their own data).
You are responsible for what is done through your users’ accounts and your API keys. Keep sign-in details and keys secret, revoke them when they are no longer needed and tell us promptly if you suspect misuse.
10. Availability and support
We provide the service with reasonable skill and care. We do not promise that it will be uninterrupted or free of errors, and no service level applies unless an Enterprise order form sets one out.
Support is provided through the routes on our contact page. No response time applies unless an order form states one.
11. Confidentiality and security
Each party keeps the other’s non-public information confidential and uses it only for this agreement, except where the law requires disclosure.
We protect customer data with the measures in Annex C of the DPA, described on our security page, and we tell you about a personal data breach as clause 6 of the DPA sets out.
12. Term, termination and your data
A subscription runs for the monthly or annual period you choose and renews until it is cancelled.
You may end the agreement at any time by cancelling (section 6) and asking us to close your workspace. You may also end it without penalty in the cases the DPA allows: an objection to a new sub-processor that we cannot resolve, or a material breach of the DPA by us that we do not put right within 30 days.
We may end the agreement if a subscription ends for non-payment (clause 5.6), or if you materially breach these terms and do not put it right within 30 days of our notice.
When the agreement ends, we return your data in open formats if you ask, within 30 days of your request. We then erase it, once any minimum retention period that applies has run, and confirm the erasure in writing.
Clauses that by their nature continue after the agreement ends, such as sections 7, 11, 13 and 14, continue.
13. Liability
Nothing in this agreement limits liability for fraud or wilful misconduct, or any liability the law does not allow to be limited.
Neither party is liable for indirect or consequential loss, including loss of profit, revenue or goodwill.
Each party’s total liability under this agreement for all claims arising in any 12 months is limited to the fees paid or payable by you for the service in those 12 months.
You are responsible for the instructions you give us and for using the service as section 8 requires, and you will make good our losses from claims that arise from unlawful instructions or from use outside section 8.
The DPDP Act makes the Data Fiduciary responsible for processing done on its behalf. Nothing in this agreement changes your responsibilities as Data Fiduciary towards the people whose data you process or towards the Data Protection Board of India.
14. Governing law and courts
This agreement is governed by the laws of India. The courts at Puducherry have exclusive jurisdiction over any dispute arising from it.
15. Changes to these terms
When we change these terms we publish the new version on this page with a new version number and date.
If a change reduces your rights, we tell your administrators by e-mail at least 30 days before it takes effect. If you do not accept it, you can cancel before then (section 6). An Enterprise order form keeps its agreed terms for its term.
16. General
We send notices to the e-mail addresses of your organisation’s administrators. You can send notices to us as follows.
Write to us at support@clearhours.app.
If a court finds part of these terms unenforceable, the rest continues to apply.