Terms of Service

1. The agreement

These terms are an agreement between Ovolo IT Building Solutions Private Limited (“we”, “us”) and the organization that subscribes to Atom (the “Customer”). The person accepting them on the Customer's behalf confirms they have authority to do so.

If the Customer has signed an order form or a separate agreement with us, that document prevails where it conflicts with these terms. Our Acceptable Use Policy, Billing, Cancellation & Refund Policy and Data Processing Addendum form part of these terms.

People the Customer adds to its workspace (“Users”) use Atom under the Customer's subscription. By activating an account, a User agrees to follow these terms and the Acceptable Use Policy. How we handle Users' personal data is described in the Privacy Policy.

2. Definitions

• Atom or the Service: the Atom web app, mobile apps and related services we provide.
• Workspace: the Customer's space in Atom, also called its organization.
• Customer Content: everything the Customer and its Users put into a Workspace, including files, messages and records.
• Plan: the subscription the Customer holds, which sets its limits on Users and storage and the modules included. Add-ons extend a Plan.
• Order: the plan, price and term agreed between the Customer and us, in writing or as applied to the Workspace.

3. Accounts and access

• There is no public sign-up. Workspaces are set up by us after the Customer contacts us; Customer administrators then add Users, who set their own password from an email link.
• The Customer decides who gets access and what roles they hold, and is responsible for its Users' activity in its Workspace.
• Users must keep their credentials confidential, must not share accounts, and should turn on two-factor authentication. Tell us promptly about any unauthorized access.
• Every Workspace has an owner. Ownership must be passed to another User before the owner's account can be deleted.

4. Plans, limits and modules

Current plans and prices are on our pricing page. A Plan may limit the number of active Users and the Drive storage a Workspace can use, and determines which modules are available.

• When a Workspace reaches its User limit, no further Users can be added or reactivated until the limit is raised or a User is deactivated.
• When it reaches its storage limit, further Drive uploads are refused.
• A module that is switched off, or no longer included in the Plan, is hidden. Its data is kept, and comes back as it was when the module is switched on again.

5. Fees and payment

The Customer pays the fees in its Order. Fees are in Indian rupees unless the Order says otherwise. Taxes: prices exclude GST and other applicable taxes, which are added to the invoice. Payment terms: fees are invoiced in advance at the start of each billing period and are due within 15 days of the invoice date. Late payment: if an invoice is unpaid 15 days after its due date, we may suspend the workspace after giving notice, until it is paid; no interest is charged.

Atom does not yet take payment in the app. How Plans are bought, changed, cancelled and refunded is set out in our Billing, Cancellation & Refund Policy.

6. Term, renewal and ending a subscription

A subscription runs for the term in the Order. Renewal: subscriptions renew automatically for the same term unless cancelled before the current term ends.

When a subscription ends, the Workspace moves to our default plan: modules outside that plan are switched off and its limits apply, but no data is deleted at that point. Either party may end the agreement if the other materially breaches it and does not fix the breach within 30 days of written notice.

After the agreement ends, the Customer may ask us to export or delete its Customer Content. We keep it for 30 days and then delete it, except where the law requires us to keep it.

7. Customer Content

The Customer owns its Customer Content. It grants us a limited licence to host, copy, transmit and display Customer Content only to provide and secure the Service, and as the law requires.

The Customer is responsible for its Customer Content and for having a lawful basis and giving any required notice to the people it concerns — especially employees and job candidates whose records are kept in the HR module, and anyone who receives a public Drive link.

8. Acceptable use

The Customer and its Users must follow our Acceptable Use Policy. We may remove content, disable public links or suspend access that breaks it, as described there.

9. What we provide

We will provide Atom with reasonable skill and care, protect Customer Content with the measures described on our Security page, and process personal data under the Data Processing Addendum.

Support: by email on Indian business days, on a best-effort basis. We do not offer an uptime or response time commitment unless one is written into the Customer's Order.

10. Third-party services

Atom relies on service providers to host and deliver it; they are listed in the Privacy Policy. The mobile apps are distributed through Apple's App Store and Google Play, whose own terms also apply to downloading them.

11. Intellectual property and feedback

We own Atom, including its software, design and documentation. These terms give the Customer a right to use Atom during its subscription; they do not transfer ownership. Users may not copy, resell, or reverse engineer Atom except where the law allows it despite this restriction.

If a User sends us suggestions, including through Atom's feedback feature, we may use them without obligation.

12. Confidentiality

Each party will keep the other's non-public information confidential, use it only for this agreement, and share it only with people who need it and are bound to keep it confidential, unless the law requires disclosure.

13. Suspension

We may suspend a User or Workspace if needed to prevent harm to Atom, other customers or third parties, for a serious breach of the Acceptable Use Policy, or for non-payment. Where we can, we will give notice first and restore access once the issue is resolved.

14. Disclaimer

Except as expressly stated in these terms, Atom is provided “as is”. To the extent the law allows, we disclaim implied warranties such as merchantability and fitness for a particular purpose. Atom is a tool for managing work; figures it calculates, such as leave balances, payroll and invoice totals, should be checked by the Customer before they are relied on.

15. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental or consequential loss, or for lost profits or data that could have been avoided by reasonable backups, and each party's total liability under this agreement is limited to the fees the Customer paid us in the 12 months before the claim. These limits do not apply to liability that cannot be limited by law.

16. Indemnity

The Customer will defend and compensate us against third-party claims arising from Customer Content or from use of Atom that breaks these terms.

17. Governing law and disputes

These terms are governed by the laws of India, and disputes are subject to the jurisdiction of the courts in India.

18. Changes to these terms

We may update these terms. We will publish the new version here with a new version number and dates, and give Customers notice of material changes at least 30 days before they take effect.

19. General

Neither party may assign this agreement without the other's consent, except to a successor of its business. If a provision is unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it. Notices to us go to contact@occulus.in.

Version history