Terms of Service

1. 1Your accepted quotation and agreed subscription details identify what you purchase.
2. 2Nothing renews automatically. A new licence is issued after you agree to renew and pay.
3. 3Login stops on the licence end date, with no automatic grace period.
4. 4You retain your rights in your business records. Export assistance is available without a charge, using the formats and manual process described below.
5. 5External integrations and AI have their own data paths and operating limits. Your organisation must review them for its intended use.

The provider is Upgear Technologies LLP, trading as UPGEAR, LLPIN ADA-7865, registered at 1560, Ayodhya Nagar, Kadgaon, Gadhinglaj, Kolhapur – 416502, Maharashtra, India. In these Terms, “we” and “UPGEAR” refer to that entity. “You” refers to the customer organisation purchasing or using the service.

These Terms cover the UPGEAR business platform, UPGEAR Mitra and the services included in your agreed subscription. A person acting for an organisation must have authority to accept the applicable commercial terms and authorise its users.

Current purchases are made through accepted quotations and payment arrangements. A separate signed commercial agreement is not assumed to exist for every customer. The accepted quotation, written subscription confirmations, applicable incorporated policies and any separately signed agreement together identify the agreed service.

A separately signed agreement governs any conflict it expressly addresses. An expressly agreed variation in the accepted quotation or subscription confirmation takes priority over the corresponding general term. A data-processing agreement, if one is executed, governs the specific processing matters it addresses. Mandatory law always takes priority.

These Terms apply where incorporated into your purchase or otherwise validly accepted. Merely visiting the website does not purchase a subscription. Publishing an updated page does not automatically replace an existing agreement.

The Cancellation and Refund Policy addresses cancellation and refund requests. The Privacy Policy explains information handling; acceptance of a subscription is not blanket consent for every person in your records.

Provide accurate organisation, account-contact and billing information. Protect login credentials, review permissions and remove or amend access when a user leaves or changes role. Administrators should assign the roles and workflows appropriate to each person's responsibilities.

Some integration credentials are visible to users permitted to open the corresponding settings. Give those permissions carefully. Product audit history can be edited or deleted by designated users; it is not a tamper-proof substitute for records your organisation must preserve.

The Attendance Photo dashboard currently allows access by any signed-in user within the same customer organisation. Review this limit before enabling Photo Attendance. The Privacy Policy explains the workflow and access in detail.

Notify us promptly of suspected account misuse at connect@upgearcrm.com. Your account duties do not remove UPGEAR's responsibility for its own acts, omissions or applicable obligations.

The accepted quotation identifies the subscription term, fees, modules, add-ons, onboarding scope and any agreed usage limits. Core and optional services are included only to the extent purchased or expressly made available under the agreement.

Features described in demonstrations, strategy material or a roadmap are not contractual commitments unless included in the agreed scope. We do not apply an unpublished pricing proposal or pilot offer to your purchase.

Implementation can require customer records, configuration decisions, authorised contacts and credentials for customer-owned integrations. Each party is responsible for the tasks it agrees to perform. Any paid migration, custom work or additional implementation service must have an agreed scope and fee.

The customer is responsible for the accuracy and lawful source of the records it supplies. UPGEAR remains responsible for the service and implementation work it undertakes.

Fees, taxes, payment dates and licence dates follow the accepted quotation and invoice. The published Core offer uses annual billing; the actual purchased term and add-on scope must be confirmed in writing. A quotation's stated validity period controls its acceptance.

Subscriptions do not renew automatically. We issue a new licence after you approve renewal and pay the agreed amount. There is no current advance-notice deadline for deciding not to renew.

Login stops on the licence end date. There is no automatic grace period. Arrange renewal before that date if continued access is needed. A request for temporary access to export records is a separate exit arrangement, not a renewal or an automatic extension.

You remain responsible for undisputed fees already due and separately authorised services already supplied. We do not treat a payment dispute as resolved merely because an invoice exists; report the disputed item with the relevant reference.

External-provider charges

Customer-owned accounts, such as WhatsApp messaging, email, telephony or Razorpay collections, can incur separate provider charges. The relevant provider's contract and charges apply to those accounts. Published WhatsApp message fees and Razorpay transaction fees passed through by UPGEAR are not marked up.

Razorpay integration for a customer's clients to pay that customer is separate from the customer's payment for a UPGEAR subscription. A third-party transaction or usage charge does not automatically form part of a UPGEAR subscription refund.

Use the service for lawful business purposes within the agreed scope. Do not attempt unauthorised access, interfere with another customer's environment, distribute malicious content, abuse messaging channels, or use the service to infringe another person's rights.

Do not submit credentials or personal information to a workflow that does not need them. Do not use workforce monitoring, identity records or face matching without the notices, permissions and other safeguards applicable to your organisation.

Review quotations, invoice and tax information, payroll calculations, AI outputs and service records before relying on them. Product features support your work; they do not replace professional judgement, mandatory records or your organisation's legal obligations.

You retain your rights in the business data you supply. Individuals retain their applicable rights in personal information; describing a record as customer data does not extinguish those rights.

You permit UPGEAR to handle customer data as needed to operate, maintain and support the agreed service, process authorised requests and meet applicable legal duties. This is not an unrestricted right to sell your records or use them for unrelated purposes.

You determine the purposes of your organisation's records and are responsible for an appropriate lawful basis, notices, user authorisation and instructions. UPGEAR is responsible for its own handling and applicable obligations. Both parties must use information consistently with the governing agreement and law.

Customer databases are hosted on Azure in India. External AI, maps, messaging and other configured services can process information outside India. Existing contractual transfer restrictions continue to apply; these Terms do not provide consent on behalf of employees or override a requirement for written transfer permission.

Retention, face-photo access, location tracking and provider information are described in the Privacy Policy. Not every record has an automatic deletion schedule, and expiry does not automatically delete the workspace.

UPGEAR Mitra's recurring location collection begins with Start Day and can continue in the background until End Day, logout or removal of permission. There is no automatic shift-end cutoff. Organisations must explain this behaviour and establish a lawful workforce process.

Photo Attendance is enabled at company level. Once enabled, there is no individual alternative within that workflow. Face matching runs on UPGEAR's server; a mismatch goes for supervisor review rather than automatically rejecting attendance. Assess biometric processing, access and participation requirements before enabling it.

AI assistance can send questions and relevant business records to Google Gemini or, for Assist, Anthropic Claude or DeepSeek. Provider selection, country, retention and training conditions differ. Do not assume that paid Gemini protections apply without confirmation of the paid configuration. We do not offer an API-specific no-training assurance for DeepSeek. Confirm suitability before submitting sensitive information.

AI outputs can be incomplete or incorrect. Review them before issuing documents, changing records or making business or workforce decisions. Face recognition and AI explanations do not establish a person's identity, intent or performance conclusively.

Where you connect a third-party service, maintain the necessary account, permissions and lawful authority to send information to it. Its terms can govern its own processing, charges and availability. Customer-selected services do not become UPGEAR-operated services merely because they connect to the platform.

UPGEAR remains responsible for the integration work and obligations it undertakes. An external provider's involvement does not automatically remove responsibility for an issue caused by UPGEAR.

Each party must protect non-public business information received through the relationship and use it for the agreed service or a lawful obligation. Disclosure to authorised personnel and relevant providers must be limited to the applicable purpose. This does not prevent a legally required disclosure or the exercise of a lawful claim.

Our monthly availability target is 99.5%, excluding scheduled maintenance. It is a target, not a guaranteed SLA or an automatic service-credit entitlement. Availability is not currently measured, and no external uptime monitor is in place. Any separately agreed SLA or credit remedy governs its stated scope.

We give 48 hours' notice for planned maintenance. Urgent security fixes or incidents may require action without that notice; we communicate the relevant interruption as soon as practicable.

Current hosting uses one Azure virtual machine, with separate customer databases and no standby server. Daily backups are taken, but a restoration exercise has not yet been performed. There is no fixed recovery-time or recovery-point commitment. We do not promise uninterrupted operation or a particular recovery time.

Support operates Monday to Friday, 10 am to 6 pm IST, through customer WhatsApp groups and support@upgearcrm.com. These hours are not a 24-hour support service or a guaranteed resolution time. Legally required incident and notification deadlines remain separate.

Report an affected workflow, when the issue began and a suitable reference or redacted example. Do not send passwords, OTPs, API keys or unnecessary personal records.

You may tell us at any time that you do not intend to renew. As renewal requires fresh approval and payment, no cancellation action is needed to prevent an automatic renewal charge. Unless an earlier termination or restriction applies under the agreement, access remains available for the paid licence term.

We may restrict affected access where reasonably necessary to address a serious security risk, unlawful use, material misuse or overdue undisputed payment. Where practicable, we explain the reason and the action needed. An urgent risk may require immediate restriction. Restrictions should be proportionate to the issue.

Termination rights and remedies follow the governing agreement and applicable law. Cancellation and qualifying refund requests follow the Cancellation and Refund Policy, subject to any more favourable agreed or statutory right.

Ending the subscription does not cancel accrued payment obligations, confidentiality obligations, a valid claim or lawful record-preservation duties.

Plan export before the licence ends. There is no automatic post-expiry export-access window, and ordinary login stops at expiry.

Export assistance is available without a charge. Contact us with the organisation, licence end date and required scope. After expiry, UPGEAR can arrange temporary portal access on request while the necessary records are available. Agree the access period and archive contents in writing; there is no standard automatic extension.

Some expired portals and databases are manually removed after a few months. There is no fixed automatic live-data deletion schedule or promise of indefinite storage. Cancellation, export and deletion are separate actions. Request deletion through the privacy contact; applicable legal preservation and backup limits are explained in the Privacy Policy.

Existing customer rights to export or receive records continue under the governing agreement. This page does not silently remove a previously granted right because the current operational process is manual.

UPGEAR and its licensors retain their rights in the software, documentation and platform materials. Your subscription permits use of the purchased service for its agreed term and scope. It does not transfer ownership of the platform. Your rights in customer data remain as described above.

We do not guarantee an error-free AI answer, a particular business result, universal suitability for a regulatory workflow or uninterrupted service. This does not remove an express contractual commitment or responsibility that applies under law.

Responsibility for a claim is determined by the governing agreement and applicable law. Any negotiated liability limit or remedy must be expressly included in that agreement.

Nothing here excludes fraud, deliberate misconduct or liability that cannot lawfully be excluded. A third-party outage or customer error does not automatically excuse a loss for which UPGEAR is responsible.

Where an event beyond a party's reasonable control prevents performance, the affected party should notify the other and take reasonable steps to reduce the effect. Existing payment duties and mandatory legal rights remain subject to the governing agreement and law.

Send formal notices to connect@upgearcrm.com or the registered address above, identifying your organisation and agreement or invoice reference. We use the authorised customer contact for relevant notices; keep that contact current.

We identify revisions by their review date and communicate material changes through an appropriate customer channel. A later website version does not retrospectively alter a purchased term, remove an accrued claim or replace a required acceptance process.

Indian law governs the agreement. Subject to mandatory statutory rights and jurisdiction requirements, courts at Kolhapur, Maharashtra have exclusive jurisdiction. The parties should first try to resolve a dispute through authorised contacts; this does not prevent urgent relief or access to a competent authority.

If a provision cannot lawfully be enforced, the remaining provisions continue to the extent permitted by law.

Questions about this page?

Upgear Technologies LLP · LLPIN ADA-7865 · Head office: Mumbai, Maharashtra · Registered office: 1560, Ayodhya Nagar, Kadgaon, Gadhinglaj, Kolhapur – 416502, Maharashtra, India