Terms & Conditions

Section 01

Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and NirmaanTrak Technologies Private Limited ("NirmaanTrak", "we", "our", or "us") governing your access to and use of the NirmaanTrak web application, APIs, and all associated services (collectively, the "Service").

By creating an account, clicking "I Agree", or otherwise accessing the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.

Section 02

Description of Service

NirmaanTrak is a cloud-based SaaS platform designed for India's construction and contracting industry. The Service enables contractors, site managers, and clients to:

• Create and manage construction projects, milestones, and schedules
• Track daily worker attendance and automate payroll calculations
• Generate and share invoices, receipts, and payment records
• Upload site photos and videos to share progress updates with clients
• Manage material procurement, expense tracking, and budgets
• Communicate and collaborate with clients through a dedicated client portal

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable prior notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

Section 03

Account Registration

To access most features of the Service, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password confidential and not share it with any third party
• Immediately notify us of any unauthorised use of your account
• Accept responsibility for all activities that occur under your account

You must be at least 18 years of age to register for an account. NirmaanTrak reserves the right to refuse registration or cancel an account at our sole discretion.

Section 04

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to violate any applicable Indian or international laws or regulations
• Upload, transmit, or share any content that is defamatory, obscene, fraudulent, or infringes any third-party rights
• Attempt to gain unauthorised access to any part of the Service or its related systems
• Use automated scripts, bots, or scrapers to extract data from the Service
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or commercially exploit the Service without our express written consent
• Enter false project data, fake attendance records, or fraudulent financial information

Violation of these acceptable use requirements may result in immediate suspension or termination of your account without refund.

Section 05

Payment & Billing

Subscription Plans

NirmaanTrak offers subscription plans for contractors: Starter, Pro, and Business. Plans are available on a monthly or annual billing cycle (annual billing includes a 25% discount versus monthly). All prices are in Indian Rupees (INR) and are exclusive of applicable GST.

Billing

By subscribing to a paid plan, you authorise us to charge your payment method on a recurring basis at the start of each billing period. Annual subscriptions are charged as a single upfront payment.

Free Trial

Where offered, free trials automatically convert to paid subscriptions at the end of the trial period unless you cancel before the trial expires. No charges will be applied during the trial period.

Refunds

Monthly subscriptions are non-refundable once the billing period has commenced. Annual subscriptions may be refunded on a pro-rata basis within 14 days of payment, provided no significant usage has occurred. To request a refund, contact billing@nirmaantrak.com.

Price Changes

We reserve the right to adjust subscription prices. We will provide at least 30 days' notice before any price increase takes effect for existing subscribers.

Section 06

Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of NirmaanTrak Technologies Private Limited and its licensors. The NirmaanTrak name, logo, trademarks, and service marks may not be used in connection with any product or service without prior written consent.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes in accordance with these Terms. This licence does not include any right to resell or commercially exploit the Service.

Section 07

User Content

You retain full ownership of all data, files, photos, and content you upload to the Service ("User Content"). By uploading User Content, you grant NirmaanTrak a limited, worldwide, royalty-free licence to host, store, process, and display your User Content solely to provide the Service to you.

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to submit the User Content
• Your User Content does not violate any third-party rights or applicable laws
• Your User Content is accurate and not misleading

NirmaanTrak reserves the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, to be harmful, offensive, or otherwise inappropriate.

Section 08

Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, error-free, or free of viruses or other harmful components
• Warranties regarding the accuracy, reliability, or completeness of any information on the Service

NirmaanTrak does not warrant that the payroll calculations, tax computations, or financial reports generated by the Service are legally compliant or accurate for your specific circumstances. You should verify all financial outputs with a qualified professional.

Section 09

Limitation of Liability

To the maximum extent permitted by applicable Indian law, NirmaanTrak and its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages arising from your inability to access or use the Service
• Any unauthorised access to or alteration of your data

In no event shall NirmaanTrak's total liability to you for all claims exceed the amount you paid to NirmaanTrak in the 12 months preceding the claim, or ₹5,000 (whichever is greater).

Section 10

Indemnification

You agree to defend, indemnify, and hold harmless NirmaanTrak and its directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service in violation of these Terms
• Your User Content
• Your violation of any third-party rights
• Your violation of any applicable law or regulation

Section 11

Termination

By You

You may cancel your account at any time through your account settings or by contacting support@nirmaantrak.com. Upon cancellation, your access to paid features will continue until the end of the current billing period.

By NirmaanTrak

We reserve the right to suspend or terminate your account immediately and without notice if:

• You breach any provision of these Terms
• Your account is used for fraudulent, illegal, or abusive activities
• You fail to pay subscription fees when due
• We are required to do so by law or court order

Effect of Termination

Upon termination, your right to use the Service immediately ceases. You may request a data export within 30 days of termination. After 90 days, your account data will be permanently deleted, subject to our legal retention obligations.

Section 12

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Pune, Maharashtra, India.

Before initiating formal legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at legal@nirmaantrak.com. We will try to resolve the dispute within 30 days of receiving your notice.

Section 13

Contact

If you have any questions about these Terms and Conditions, please contact us: