TERMS AND CONDITIONS OF USE
sumHR Software Private Limited
(A wholly owned subsidiary of Amica Financial Technologies Private Limited)
Effective Date: 19 February 2026
1. Definitions and Interpretation
In these Terms and Conditions of Use (these “Terms”), unless the context otherwise requires, the following capitalised terms shall have the meanings ascribed to them below:
“Account” means the account created by or on behalf of the Customer on the Platform for the purpose of accessing and using the Service.
“Administrator” means the individual(s) designated by the Customer to manage the Account, configure settings, and administer Users on the Platform.
“AFTPL” means Amica Financial Technologies Private Limited, the parent company and sole shareholder of sumHR.
“Authorised User” or “User” means any individual who is granted access to the Platform by the Customer, including employees, contractors, consultants, and other personnel of the Customer.
“Customer” means the corporate entity, organisation, or employer that subscribes to the Service and enters into the service agreement with sumHR.
“Customer Data” means all data, information, content, documents, and materials uploaded, entered, submitted, or otherwise provided by or on behalf of the Customer or its Users on or through the Platform.
“Group Companies” means AFTPL and its subsidiaries, affiliates, and associated entities from time to time.
“Platform” means the sumHR human resource management system, accessible via the web application at sumhr.com (and any successor URLs), the Android application, and the iOS application, including all features, modules, updates, and enhancements thereto.
“Service” means the HRMS software-as-a-service provided by sumHR through the Platform, including all associated features, functionalities, tools, integrations, support, and documentation.
“Subscription Term” means the period for which the Customer has subscribed to the Service, as specified in the applicable order form, invoice, or service agreement.
“sumHR”, “Company”, “we”, “us”, or “our” means sumHR Software Private Limited, a company incorporated under the laws of India, having its registered office at [Registered Address], and a wholly owned subsidiary of AFTPL.
2. Acceptance of Terms
2.1 By accessing, browsing, registering on, or using the Platform in any manner, you agree to be legally bound by these Terms, our Privacy Policy, and all policies, guidelines, and documents incorporated herein by reference (collectively, the “Agreement”). If you do not agree with any provision of these Terms, you must immediately cease all use of the Platform.
2.2 If you are registering on behalf of a Customer, you represent and warrant that you are duly authorised by such Customer to bind the Customer to these Terms and to act as the Administrator of the Account.
2.3 These Terms constitute the entire agreement between you and sumHR with respect to the use of the Platform and the Service, and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written, with respect to the subject matter hereof, except to the extent that a separate written service agreement has been executed between the Customer and sumHR, in which case the terms of such service agreement shall prevail to the extent of any inconsistency.
2.4 The Platform is not intended for use by individuals under the age of eighteen (18) years. By using the Platform, you confirm that you are at least 18 years of age.
3. About the Service
3.1 sumHR is a cloud-based human resource management system that provides Customers with a comprehensive suite of HR tools and functionalities, including but not limited to: employee database management, onboarding and exit processes, attendance and time tracking (including biometric device integration and GPS-based clock-in), leave management, payroll processing (India), expense claims management, HR letter generation, document storage, policy management, helpdesk modules, performance reviews, feedback forms, OKR and goal tracking, and such other features as may be made available on the Platform from time to time.
3.2 The Service is provided on a software-as-a-service (SaaS) basis over the internet. sumHR hosts and maintains the Platform and is responsible for its operation, availability, and security, subject to the terms and limitations set out herein.
3.3 sumHR may, from time to time, introduce new features, modules, integrations, or enhancements to the Service. Certain features may be offered as part of the Customer’s existing subscription, while others may require a separate subscription or additional fees.
4. Account Registration and Security
4.1 Registration
To use the Service, the Customer must register an Account on the Platform by providing accurate, current, and complete information as required by the registration process, including but not limited to the full legal name of the Customer entity, the name and designation of the authorised Administrator, a valid business email address, and such other information as may be requested (“Registration Data”). The Customer agrees to promptly update the Registration Data to keep it accurate, current, and complete at all times.
4.2 Account Security
4.3 Administrator Responsibilities
The Administrator is responsible for managing User access, configuring Account settings, and ensuring that Users comply with these Terms. The Customer may designate multiple Administrators, and all actions taken by an Administrator shall be deemed to be actions of the Customer.
5. Subscription, Billing, and Payments
5.1 Subscription Plans
The Service is offered on a periodic subscription basis. Subscription plans, pricing, features, and modules are as published on the Platform or as agreed in a separate order form or service agreement between the Customer and sumHR. Pricing is calculated on a per-employee/per-user basis, and the applicable plan is determined based on the number of employees and the combination of modules selected by the Customer.
5.2 Billing Cycle
5.3 Payment Methods
Payments may be made via credit card, debit card, net banking, UPI, or such other methods as may be supported by sumHR from time to time. By providing payment information, the Customer represents and warrants that such information is accurate, that the Customer is authorised to use the payment method, and that all charges incurred will be honoured.
5.4 Addition of New Employees
Additions of new employees during a Subscription Term shall be handled as follows:
5.5 Upgrades and Downgrades
The Customer may upgrade or downgrade its subscription plan at any time, subject to the following:
5.6 Taxes
All fees and charges under these Terms are exclusive of applicable taxes, duties, and levies, including Goods and Services Tax (GST). The Customer shall be responsible for the payment of all such taxes, as applicable.
5.7 Late Payments
If any invoice remains unpaid beyond the due date, sumHR reserves the right to: (a) charge interest on the outstanding amount at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower; (b) suspend the Customer’s access to the Service until all outstanding amounts are paid in full; and (c) pursue any other remedies available under law.
5.8 Free and Complimentary Services
5.8.1 sumHR may, at its sole and absolute discretion, offer access to the Service or any part thereof on a free-of-charge, complimentary, trial, beta, pilot, or promotional basis to any Customer (“Free Services”). The provision of Free Services does not create any obligation on sumHR to continue offering such services free of charge, nor does it entitle the Customer to any perpetual or ongoing right to receive the Service without payment.
5.8.2 Free Services are provided strictly on an “as is” and “as available” basis. All disclaimers and limitations of liability set out in these Terms shall apply with full force to Free Services. sumHR makes no commitment regarding the availability, functionality, service levels, uptime, support, or continuity of Free Services.
5.8.3 sumHR reserves the right, at any time and without prior notice or liability, to:
5.8.4 The Customer acknowledges that Free Services are offered at sumHR’s discretion and may be withdrawn at any time. The Customer shall have no claim for compensation, damages, or refund of any kind upon the discontinuation, modification, or conversion of Free Services to paid services. The Customer’s continued use of Free Services after any modification shall constitute acceptance of such modifications.
5.8.5 During the period of Free Services, all other provisions of these Terms (including but not limited to data sharing with Group Companies, intellectual property, confidentiality, indemnification, and limitation of liability) shall apply in full, as if the Customer were a paid subscriber.
5.8.6 If a Customer transitions from Free Services to a paid subscription, the terms applicable to paid subscriptions shall apply from the date of such transition. Any Customer Data uploaded during the Free Services period shall continue to be governed by these Terms and the Privacy Policy.
6. Permitted Use and Restrictions
6.1 Limited Licence
Subject to the Customer’s compliance with these Terms and payment of applicable fees, sumHR grants to the Customer a non-exclusive, non-transferable, non-sublicensable, revocable licence during the Subscription Term to:
6.2 Restrictions
The Customer and its Users shall not, and shall not permit any third party to:
7. Customer Data
7.1 Ownership
As between sumHR and the Customer, the Customer retains all right, title, and interest in and to the Customer Data. Nothing in these Terms shall be construed as transferring any ownership rights in the Customer Data to sumHR.
7.2 Licence to sumHR
The Customer grants to sumHR a non-exclusive, worldwide, royalty-free licence to host, store, process, reproduce, display, and transmit the Customer Data solely to the extent necessary to provide the Service, comply with applicable law, and as otherwise permitted under these Terms and the Privacy Policy.
7.3 Customer Responsibilities
7.4 Data Processing and Sharing with Group Companies
The Customer acknowledges and agrees that sumHR may share Customer Data (including employee contact details, professional details, and employment-related information) with AFTPL and Group Companies for the purposes described in the Privacy Policy, including but not limited to enabling Group Companies to offer, market, and cross-sell their products and services (such as banking, lending, prepaid payment instruments, insurance, investment, and employee benefit products) to the Customer’s employees. By subscribing to the Service and uploading data to the Platform, the Customer consents to such sharing and undertakes to ensure that its employees are made aware of and consent to the same, to the extent required by applicable law.
7.5 Aggregated and Anonymised Data
sumHR may create aggregated, anonymised, or de-identified data derived from Customer Data. Such data, from which individual Customers or Users cannot be identified, may be used by sumHR and Group Companies for analytics, benchmarking, research, product development, and other lawful business purposes without restriction.
8. Intellectual Property
8.1 sumHR Intellectual Property
The Platform, including its software, code, algorithms, user interface, design, graphics, text, logos, trademarks, service marks, trade names, and all other intellectual property embodied therein, is the exclusive property of sumHR or its licensors and is protected under applicable intellectual property laws of India and international treaties. Nothing in these Terms grants the Customer or any User any right, title, or interest in or to the Platform or sumHR’s intellectual property, except for the limited licence expressly granted herein.
8.2 Trademarks
“sumHR”, the sumHR logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of sumHR or its affiliates. Other product and company names mentioned on the Platform may be trademarks of their respective owners. No licence or right to use any trademark is granted hereunder.
8.3 Feedback
If the Customer or any User provides suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Platform (“Feedback”), sumHR shall have an unrestricted, irrevocable, perpetual, worldwide, royalty-free right to use, modify, and incorporate such Feedback into the Platform or its other products and services without any obligation or compensation to the Customer or User.
9. Service Levels and Availability
9.1 Uptime Commitment
sumHR shall use commercially reasonable efforts to maintain the availability of the Platform with an uptime of ninety-five percent (95%) or higher, measured on a monthly basis, excluding scheduled maintenance windows and force majeure events.
9.2 Scheduled Maintenance
sumHR may temporarily suspend access to the Platform for routine maintenance, updates, patches, and upgrades. Wherever practicable, sumHR will provide advance notice of scheduled maintenance windows. sumHR shall endeavour to schedule maintenance during non-business hours to minimise disruption.
9.3 Emergency Maintenance
In the event of critical security vulnerabilities, urgent bug fixes, or other emergency situations, sumHR may perform unscheduled maintenance with limited or no prior notice. sumHR shall notify Customers as soon as reasonably practicable in such circumstances.
9.4 No Absolute Guarantee
Notwithstanding the above, sumHR does not guarantee that the Service will be uninterrupted, error-free, or free of bugs, viruses, or other harmful components at all times. The Service is provided on an “as is” and “as available” basis, subject to the disclaimers and limitations set out in these Terms.
10. Third-Party Services and Integrations
10.1 The Platform may integrate with or provide links to third-party applications, services, websites, or APIs (collectively, “Third-Party Services”). Such Third-Party Services are governed by their own terms of use and privacy policies, which the Customer and Users are advised to review independently.
10.2 sumHR does not endorse, warrant, or assume responsibility for any Third-Party Services. The Customer’s use of any Third-Party Service is at the Customer’s sole risk. sumHR shall not be liable for any loss, damage, or liability arising from the Customer’s use of or reliance on any Third-Party Service.
10.3 If a Third-Party Service provider ceases to make its service available on reasonable terms, sumHR may discontinue the integration without liability, provided that sumHR shall endeavour to provide reasonable notice of such discontinuation.
11. Group Company Products and Services
11.1 The Customer acknowledges that sumHR is a wholly owned subsidiary of AFTPL and forms part of the AFTPL group of companies. Group Companies offer a range of financial, technology, and value-added products and services, including but not limited to banking and savings accounts, lending products, prepaid payment instruments (such as meal wallets and gift cards), insurance and investment products, and employee benefits programmes.
11.2 The Customer acknowledges and consents to the following:
11.3 Any transaction between a User and a Group Company shall be governed by the terms and conditions and privacy policy of that Group Company. sumHR shall not be a party to, and shall bear no liability in respect of, any such transaction.
11.4 The Customer agrees to inform its employees of the potential communications and product offerings from Group Companies as described in this Section and in the Privacy Policy, and to obtain such consents as may be required under applicable law.
12. Confidentiality
12.1 Each party agrees to maintain the confidentiality of the other party’s confidential information disclosed in connection with the Service. Confidential information includes, but is not limited to, Customer Data, business plans, pricing, technical information, and any other information that is designated as confidential or that a reasonable person would understand to be confidential.
12.2 The obligations of confidentiality shall not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party’s confidential information; or (d) is required to be disclosed by law, regulation, or court order, provided that the receiving party gives prompt notice to the disclosing party.
12.3 Notwithstanding the above, the Customer acknowledges that sumHR may share Customer Data with Group Companies as described in Section 7.4 and the Privacy Policy, and such sharing shall not constitute a breach of confidentiality under this Section.
13. Disclaimers
13.1 THE SERVICE AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13.2 Without limiting the generality of the foregoing, sumHR does not warrant or represent that:
13.3 The Customer is responsible for independently verifying the accuracy of all outputs, reports, and calculations generated by the Platform, particularly those relating to payroll, statutory compliance, and tax matters. sumHR shall not be liable for any losses arising from the Customer’s reliance on unverified outputs.
14. Limitation of Liability
14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUMHR, AFTPL, OR ANY GROUP COMPANY, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES (COLLECTIVELY, “COVERED PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THESE TERMS, OR THE USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF THE COVERED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 THE AGGREGATE LIABILITY OF THE COVERED PARTIES FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER TO SUMHR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
14.3 The limitations and exclusions set out in this Section shall apply to the fullest extent permitted by applicable law, and shall survive the termination or expiration of these Terms.
15. Indemnification
15.1 The Customer agrees to indemnify, defend, and hold harmless sumHR, AFTPL, Group Companies, and their respective directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
16. Deactivation, Cancellation, and Termination
16.1 Cancellation by Customer
16.2 Effect of Cancellation
16.3 Termination by sumHR
sumHR may suspend or terminate the Customer’s Account and access to the Service, in whole or in part, immediately and without prior notice, if:
In the event of termination by sumHR under this Section 16.3, sumHR shall provide the Customer with temporary access or the option to export its data prior to deletion, except where prohibited by law.
16.4 Termination for Convenience by sumHR
16.4.1 Notwithstanding anything contained in these Terms, sumHR reserves the right to terminate the Customer’s Account and access to the Service, in whole or in part, for any reason or for no reason, at sumHR’s sole and absolute discretion, by providing the Customer with thirty (30) days’ prior written notice.
16.4.2 In the event of termination for convenience by sumHR:
16.4.3 For the avoidance of doubt, this right of termination for convenience applies equally to paid subscriptions and Free Services. In the case of Free Services, no refund shall be payable, and sumHR may terminate access with seven (7) days’ prior notice (or without notice where continued provision of Free Services would, in sumHR’s reasonable judgment, pose a legal, security, or reputational risk).
16.4.4 The Customer acknowledges that sumHR’s exercise of its right under this Section shall not give rise to any claim by the Customer for damages, compensation, or specific performance, except for the refund expressly provided in Section 16.4.2 above.
16.5 Inactive Accounts
Accounts that remain inactive (not logged-in), idle, deactivated, or cancelled for more than ninety (90) days may be permanently removed from sumHR’s servers at its sole discretion. sumHR shall not be liable for any loss of data resulting from such removal.
16.6 Survival
The provisions of these Terms that by their nature should survive termination or expiration shall continue in full force and effect, including but not limited to Sections 7 (Customer Data), 8 (Intellectual Property), 12 (Confidentiality), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), and 19 (Governing Law and Dispute Resolution).
17. Modifications to the Service and these Terms
17.1 Modifications to the Service
sumHR reserves the right to modify, update, enhance, or discontinue any part of the Service at any time, with or without notice. In the event of a material change that adversely affects the Customer’s use of the Service, sumHR shall endeavour to provide at least thirty (30) days’ prior notice.
17.2 Modifications to Pricing
Prices for the Service are subject to change. sumHR shall provide the Customer with at least thirty (30) days’ prior written notice of any pricing changes. Revised pricing shall take effect from the next billing cycle following the expiry of the notice period.
17.3 Modifications to these Terms
sumHR may amend these Terms from time to time. The latest version of these Terms will be posted on the Platform with an updated effective date. Where changes are material, sumHR will notify Customers via email, the Platform, or other appropriate communication channels. Continued use of the Platform after the effective date of the revised Terms constitutes acceptance of the amendments. If the Customer does not agree with the revised Terms, the Customer’s sole remedy is to cancel its Account in accordance with Section 16.
18. General Provisions
18.1 Communications
The Customer agrees to receive all communications relating to the Account and the Service electronically, including via email, in-app notifications, or through the Platform. Electronic communications shall be deemed to satisfy any legal requirement that such communications be in writing.
18.2 Force Majeure
sumHR shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, government actions, power failures, internet or telecommunications outages, and failures of third-party service providers.
18.3 Assignment
The Customer may not assign or transfer its rights or obligations under these Terms without the prior written consent of sumHR. sumHR may freely assign or transfer its rights and obligations under these Terms to any Group Company or to a successor entity in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets, without the Customer’s consent.
18.4 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.
18.5 No Waiver
The failure of sumHR to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of sumHR.
18.6 Entire Agreement
These Terms, together with the Privacy Policy, any applicable order form, and any other documents expressly incorporated by reference herein, constitute the entire agreement between the Customer and sumHR with respect to the Service, and supersede all prior or contemporaneous agreements relating to the subject matter hereof.
18.7 Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between sumHR and the Customer. Neither party has the authority to bind or make commitments on behalf of the other.
18.8 Notices
All notices under these Terms shall be in writing and shall be deemed given when delivered by email (with confirmation of receipt) or by registered post to the addresses provided by the respective parties. Notices to sumHR shall be sent to help@sumhr.com, with a copy to legal@sumhr.com, or to such other address as sumHR may designate from time to time.
19. Governing Law and Dispute Resolution
19.1 These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
19.2 Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or validity thereof, shall first be sought to be resolved through good faith negotiation between the parties. If the dispute is not resolved through negotiation within thirty (30) days, either party may refer the dispute to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties (or, failing agreement, appointed in accordance with the Act), and the seat and venue of arbitration shall be Mumbai, Maharashtra, India. The language of arbitration shall be English. The arbitral award shall be final and binding on the parties.
19.3 Notwithstanding the above, either party may seek interim or injunctive relief from a court of competent jurisdiction in Mumbai, Maharashtra, India, to protect its rights pending the outcome of arbitration.
19.4 Subject to the arbitration clause above, the courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction over any matters arising out of or in connection with these Terms.
20. Contact Information
For any questions, concerns, or notices relating to these Terms or the Service, please contact us at:
sumHR Software Private Limited
Office No 31, 3rd Floor, 124, Viraj Premises CHS Ltd, S V Road, Khar West Mumbai MH 400052 IN
Email: help@sumhr.com
Legal Queries: legal@sumhr.com
Phone: +91 82407 68880
© Copyright 2026 sumHR. All rights reserved. Powered by Jupiter Money.
