Terms of Service

These Terms of Service ("Terms") are an agreement between Klivo Studios Pvt. Ltd., a company with its registered office at Sitapaila, Nagarjun, Kathmandu, Nepal ("Klivo", "we", "us") and the organization or person that uses AlineBMS ("you", "Customer"). They cover the AlineBMS website, web app, mobile app, and related services (the "Service").

By creating an account, starting a trial, or using the Service, you agree to these Terms. If you accept on behalf of an organization, you confirm you have authority to bind it. The Service is for business use; if you do not agree, do not use it.

If your organization has signed a Subscription Agreement and Subscription Order Form with us, those documents govern your subscription and prevail over these Terms wherever they differ. These Terms then apply to the extent they do not conflict, and to visitors and trial users. Our Privacy Policy explains how we handle personal information.

AlineBMS is a cloud platform for CRM, HR and attendance, payroll, projects and tasks, marketing campaigns, and support desk, with AI features. It is available through a web browser and a mobile app for Android and iOS.

Your subscription includes only the modules, features, and any user limits stated in your plan or Subscription Order Form. Implementation, custom development, integrations, training, and additional modules are not included unless agreed in writing.

We may modify, improve, or replace features, but will not materially reduce the core functionality of the modules you subscribe to during your subscription term. New modules are not part of your subscription unless included in your order form.

Your organization's administrators manage its workspace, users, roles, and permissions. You agree to:

• Provide accurate registration and billing information and keep it current.
• Keep credentials confidential, and ensure each user has their own login.
• Remove access promptly when someone leaves your organization.
• Tell us at once if you suspect unauthorized access.
• Stay within any user limit stated in your plan or order form.

You are responsible for the activity of everyone you give access to, including what they enter and what they can see under the roles you assign.

You own the data you put into AlineBMS ("Customer Data"), including employee, payroll, attendance, and customer records. You give us the limited right to host, process, back up, and transmit it as needed to provide, maintain, secure, support, and improve the Service.

• You are responsible for having a lawful basis and any required consent to collect and process Customer Data, including your employees' and customers' personal information.
• If you use location-based attendance, biometric or card attendance devices, or similar features, you must notify your employees and comply with applicable privacy and labour laws.
• You are responsible for the accuracy of what you enter and for reviewing results before acting on them.

"Improve" means improving AlineBMS itself, such as fixing bugs and understanding aggregate usage. We do not use Customer Data to train AI models.

For personal information in Customer Data, you decide the purposes and means of processing and we act on your instructions as your processor, as described in the Privacy Policy.

AlineBMS calculates attendance, leave, payroll, and tax figures using the rules and settings you configure. It is a tool, not legal, tax, or accounting advice. You remain responsible for statutory filings, payments, and compliance with the law in your jurisdiction, and should verify results, especially after rates or rules change.

You and your users must not:

• Break any law or use the Service to process data you have no right to process.
• Attempt to access another customer's data, or probe, scan, or test the security of the Service without our written permission.
• Upload malware or interfere with the Service or its infrastructure.
• Send spam or unlawful messages through the email, SMS, or campaign features, or use them to harass others.
• Scrape, reverse engineer, or copy the Service, or use it to build a competing product.
• Resell or provide the Service to third parties, except as agreed in writing.
• Share one login between several people, or exceed any user limit stated in your plan or order form.

The AI assistant and insights generate output from your data using a third-party model. Output may be incomplete, out of date, or wrong. You are responsible for reviewing it before you rely on it, and it must not be the sole basis for decisions about hiring, discipline, pay, or termination. We do not use Customer Data to train AI models.

Paid plans are billed in advance, monthly or annually, at the price shown for your plan and currency at purchase or in your order form.

• Free trials: trial length is shown on the pricing page. No card is needed to start. When a trial ends, you need a paid plan to keep using the Service.
• Renewal: subscriptions renew for the same period unless cancelled before the renewal date.
• Invoices: undisputed invoices are payable by the due date stated on the invoice or order form.
• Taxes: fees exclude VAT and other applicable taxes unless stated, which you are responsible for, other than taxes on our income.
• Price changes: unless your order form fixes the price for its term, we may change prices for a future billing period with at least 30 days' notice. A change does not affect a period you have already paid for.
• Refunds: fees paid are non-refundable except as expressly provided in your agreement or required by law.
• Late payment: if an undisputed invoice is unpaid, we may give written notice requiring payment within the period stated in it. If it remains unpaid after that period, we may suspend access until all outstanding amounts are paid. Suspension does not cancel your obligation to pay.

The Service depends on third parties for hosting, email and SMS delivery, AI, sign-in, calendar sync, and push notifications, and can connect to services and devices you choose, such as attendance machines. Those services are governed by their own terms. We are not responsible for third-party services outside our control, or for what happens to data you choose to send to them.

Klivo and its licensors own the Service, including its software, design, and documentation. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription for your internal business. If you send us feedback or suggestions, we may use them freely without obligation to you. These Terms do not transfer ownership of Customer Data or of our software to anyone.

Each party may receive the other's non-public business, technical, financial, or commercial information ("Confidential Information"). The receiving party will use it only to perform or receive the Service, protect it with at least reasonable care, and share it only with employees, contractors, and professional advisers who need to know and are bound by equivalent confidentiality duties.

This does not cover information that is or becomes public without breach, was already lawfully known to the receiving party, was lawfully obtained from a third party without restriction, or was independently developed. A party may disclose Confidential Information where the law or a court or government authority requires it, giving the other prompt written notice where legally permitted. These duties continue for five (5) years after the agreement ends, and for trade secrets as long as they remain trade secrets.

We work to keep AlineBMS available and reliable and to support you during business hours. We may interrupt the Service for maintenance, upgrades, or events outside our control, and will try to schedule planned work at low-impact times. Unless your order form includes a service level agreement, we do not guarantee any specific uptime.

Either party may terminate by written notice if the other materially breaches the agreement and does not fix the breach within 30 days of notice, or becomes insolvent, enters liquidation, or stops carrying on business in the ordinary course. We may also terminate if an undisputed amount stays unpaid for 30 days after we suspend the Service for non-payment.

You may also end your subscription at any time for any reason, by written notice to us (email is enough). It takes effect at the end of the billing period in progress, you keep access until then, and fees already paid or owed for that period are not refunded.

When the agreement ends, your right to use the Service stops and amounts already owed remain payable. We will make Customer Data available for export for 30 days, after which we may permanently delete it as described in the Privacy Policy. Provisions that by their nature should survive (such as ownership, confidentiality, liability, and governing law) continue to apply.

We warrant that we have the authority to enter into the agreement and that we will provide the Service in a professional and commercially reasonable manner consistent with generally accepted industry practice. Except for that, and to the extent the law allows, the Service is provided "as is" and "as available", and we disclaim all other warranties, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and error-free operation.

AlineBMS is a business management tool. You are solely responsible for the accuracy of your data, for decisions made using the Service, and for your own legal, regulatory, accounting, tax, employment, and operational compliance.

To the extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, business opportunities, anticipated savings, or data.

Each party's total liability under the agreement is limited to the subscription fees paid or payable in the 12 months before the event giving rise to the claim. This cap does not apply to liability arising from gross negligence, willful misconduct, breach of confidentiality, infringement of intellectual property rights, or payment obligations. Each party must take reasonable steps to mitigate its loss. These limits apply whatever the form of action, and nothing here limits liability that cannot be limited by law.

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, government action, epidemics, internet outages, and failures of third-party infrastructure. The affected party will use reasonable efforts to limit the effect and resume performance as soon as practicable.

These Terms are governed by the laws of Nepal, without regard to conflict of law principles. The parties will first try to resolve any dispute in good faith through discussion. If it is not resolved within 30 days, either party may refer it to the competent courts of Nepal.

We may update these Terms. For material changes we will notify account administrators by email or in the app at least 30 days before they take effect. If you keep using the Service after that date, you accept the updated Terms. If you do not agree, you may cancel before the date.

A signed Subscription Agreement or Subscription Order Form can be changed only in writing signed by both parties, and an update to these Terms does not change it.

These Terms, together with the Privacy Policy and any signed agreement or order form, are the whole agreement between us on this subject and replace earlier discussions and understandings. Notices must be in writing and delivered in person, by recognized courier, or by email to the contact details in your order form or account, or as a party later notifies in writing. If a provision is unenforceable, the rest remains in effect. Neither party may assign the agreement without the other's written consent, except that we may assign it in a merger, acquisition, restructuring, or sale of substantially all of our business or assets. Failing to enforce a right is not a waiver of it. Agreements may be signed in counterparts and electronically.

Questions about these Terms? Klivo Studios Pvt. Ltd., Sitapaila, Nagarjun, Kathmandu, Nepal.