Draft. This document is being reviewed and is not yet in force.

Spotless Terms of Service

Last updated: [[date]] · Version: 0.1 (draft)

These Terms are an agreement between [[LemonByte LLP]], [[address]] ("LemonByte", "we") and the business that signs up for Spotless ("Customer", "you"). By signing an order, accepting these Terms when your account is set up, or using Spotless, you agree to them on behalf of your business, and you confirm you are authorised to do so.

1. Definitions

• Service: Spotless: the phone app, the website at app.spotlessplatform.com, guest pages, messaging, and the add-ons you choose.
• Order: the document, email or console record that sets out your properties, package, add-ons, messaging seats, fees and term.
• Property: a site you run that is set up in Spotless.
• Users: your employees and anyone else you give an account to.
• Customer Data: everything you and your Users put into the Service, including personal data about your Users and guests.
• Pilot: a trial period stated in an Order.

2. The Service

We provide the Service for the Properties and add-ons in your Order. We may improve and change the Service; we will not remove a core function you rely on during your term without telling you first [[30 days]]. Features marked as previews are provided as they are, may change, and may be withdrawn.

3. Your accounts and Users

You decide who gets an account and what role they have, and you are responsible for what your Users do in the Service. Keep sign-in details confidential. Remove Users who leave; the Service signs them out at once. Tell us promptly at [[support@spotlessplatform.com]] if you think an account has been misused.

4. Your data

• You own Customer Data. You give us the right to host, process and display it only to provide, secure, support and improve the Service for you, and as the law requires.
• Personal data. You are the Data Fiduciary for your Users' and guests' personal data under the DPDP Act, and we are your Data Processor. The Data Processing Agreement forms part of these Terms. You are responsible for having a lawful basis for the personal data you put in, and for giving your Users the notice the law requires (we provide a template).
• Export. You can export your records at any time (reports as PDFs, lists as spreadsheets). [[Confirm: full data export on request, in a standard format, at no charge.]]
• Aggregated data. We may use data that has been aggregated and stripped of anything identifying a person or a Customer to understand and improve the Service. [[Advisor: keep, narrow or remove.]]

5. Acceptable use

You and your Users must not:

• photograph people, or upload anything unlawful, harmful or that you have no right to share;
• use the Service to monitor or rank individual employees in a way that is unlawful or that breaches their rights;
• try to break, probe or overload the Service, reach another Customer's data, or get around limits, security or access controls;
• copy, resell or build a competing product from the Service; or
• use the messaging features to send spam or anything the channel's own rules forbid.

We may suspend access that breaks these rules or puts the Service or others at risk, and we will tell you why unless the law or the risk prevents it.

6. Third-party services

If your Users turn on messages, Spotless sends through Telegram, WhatsApp (Meta) or email. Those services keep copies under their own terms, outside our control. Your use of them is also subject to their terms, and they may change or stop independently of us.

7. Fees and payment

• Fees are per Property, by package, plus add-ons and messaging seats as set out in the Order. There is no charge per User.
• [[Billing: monthly or yearly, in advance; invoice in INR; payment within [[15]] days; GST added.]]
• If an invoice is unpaid [[15]] days after we remind you, we may pause the account: Users can still read their records but cannot save new ones. We restore it when the invoice is paid.
• We may change prices for a renewal with at least [[30]] days' notice.

8. Pilots

A Pilot is provided [[free / at the fee in the Order]] for the period in the Order, to help you decide. During a Pilot the Service is provided as it is, without the commitments in sections 9 and 12, and either of us may end it at any time. With your agreement, we may keep a more detailed technical log during a Pilot to fix problems (described in our Privacy Policy).

9. Availability and support

We aim to keep the Service available and to fix problems quickly, and we schedule maintenance outside your working hours where we can. The phone app keeps working offline and sends saved work when it reconnects. Support is by email at [[support@spotlessplatform.com]], [[hours, response times]]. [[Advisor/product owner: decide whether to offer a service level, and its remedy, for paid plans.]]

10. Confidentiality

Each of us will keep the other's confidential information confidential, use it only for this agreement, and protect it with reasonable care. This does not cover information that is public, already known, independently developed, or that must be disclosed by law (with notice where allowed).

11. Intellectual property

We own the Service and everything we create to provide it. You own Customer Data. If you send us suggestions, we may use them without obligation to you.

12. Warranties and disclaimers

We will provide the Service with reasonable skill and care, substantially as described. Spotless helps you run and record your operations; it does not guarantee that your premises are clean, safe or compliant, and it is not a substitute for your own procedures, inspections or legal obligations. Except as stated in these Terms, the Service is provided without other warranties, to the extent the law allows.

13. Liability

[[Advisor: confirm caps and exclusions.]] Neither party is liable for indirect or consequential loss, or loss of profit, revenue or goodwill. Each party's total liability under this agreement in any 12 months is limited to the fees you paid for the Service in those 12 months (or [[₹ amount]] during a Pilot). These limits do not apply to your payment obligations, a breach of section 5, or liability that cannot be limited by law.

14. Term, ending and your data

• These Terms last for the term in your Order and renew for the same period unless either of us gives [[30]] days' notice before renewal.
• Either of us may end the agreement if the other materially breaches it and does not fix the breach within [[30]] days of notice.
• When the agreement ends, you have [[30]] days to export your data. We then delete Customer Data within [[60]] days, except what the law requires us to keep; copies leave our backups as they expire, within 30 days.

15. Changes to these Terms

We may update these Terms. We will tell you at least [[30]] days before a material change takes effect. If you do not agree, you may end the agreement before then and we will refund any fees paid for the time after it ends. A signed Order that sets different terms prevails for its term.

16. General

• Governing law and disputes: the laws of India. [[Advisor: courts at Goa, or arbitration under the Arbitration and Conciliation Act, 1996, seat at Goa, in English.]]
• Neither party is liable for delay caused by events beyond its reasonable control.
• You may not assign this agreement without our consent; we may assign it as part of a reorganisation or sale, with notice.
• Notices go to the email addresses in the Order (ours: [[legal or hello@]]).
• If a provision is unenforceable, the rest stays in force. These Terms, the Order and the Data Processing Agreement are the whole agreement; if they conflict, the Order prevails, then the Data Processing Agreement for personal data, then these Terms.