Terms of Service

1. Definitions

In these Terms:

• "Wainga", "we", "us" or "our" refers to the operator of the Wainga platform.
• "Platform" means the Wainga web application, mobile interfaces, APIs, and related services available at wainga.com.
• "Subscriber" or "you" means the company, contractor, or individual who registers for and uses the Platform.
• "Worker" means a field or site worker whose profile, attendance, payroll, or compliance records are managed through the Platform.
• "Subscription" means a paid or free recurring plan granting access to specific modules of the Platform.
• "Content" means any data, records, files, or material you upload, create, or manage through the Platform.

2. Account Registration & Eligibility

To use Wainga you must:

• Be at least 18 years old and legally capable of entering into a binding contract under Indian law.
• Register with accurate, current, and complete information. You are responsible for keeping your account details up to date.
• Keep your login credentials confidential. You are responsible for all activity that occurs under your account.
• Notify us immediately at support@wainga.com if you suspect unauthorised access.

Wainga reserves the right to refuse registration or cancel accounts at its sole discretion.

3. Description of Services

The Platform provides, depending on your active Subscription:

• HRMS module — attendance tracking, payroll processing, compliance registers, leave management, shift scheduling, worker skill passports, and workforce reporting.
• Billing module — invoice creation and management, customer accounting, GST / GSTR-1 reporting, proforma quotations, and credit notes.
• Insight Hub — curated and generated articles on Indian labour law, HR best practices, and workforce management.
• Worker Portal — a mobile-friendly interface for workers to view their payslips, attendance, leave balance, and verified skill profile.
• Social & Talent — a professional network for verified workers, job postings, service requests, and talent discovery.

We may add, modify, or remove features at any time. Material changes will be communicated to active Subscribers.

4. Subscriptions & Billing

4.1 Plans

Wainga offers monthly and yearly Subscription plans for each module. Current pricing is published at wainga.com/#pricing. Introductory prices are valid through the date indicated on the pricing page and may revert to regular pricing thereafter.

4.2 Yearly Plans

When you select annual billing you will be given the choice of:

• Pay 12 months, use 13 months — one calendar month of service at no extra charge; or
• Pay 11 months, use 12 months — effectively one month free, billed as 11 months.

Your chosen deal is confirmed at checkout and applies for the billing period purchased.

4.3 Payments

All payments are processed through Razorpay, a PCI-DSS compliant payment gateway. By providing payment details you authorise us to charge your chosen payment method on the billing schedule selected. Wainga does not store card numbers on its servers.

4.4 Overages

Usage beyond the limits of your plan is charged at the overage rates displayed on the pricing page (e.g. per additional invoice for Billing plans; per additional active worker per month for HRMS plans). Overage charges are invoiced at the end of each billing cycle.

4.5 Refunds

Subscription fees are non-refundable except where required by applicable law or expressly stated by Wainga in writing. If you believe a charge is in error, contact us within 14 days of the charge at support@wainga.com.

4.6 Cancellation

You may cancel your Subscription at any time from the Manage Subscription page. Cancellation takes effect at the end of the current billing period; you retain access until that date.

5. Free Plans & Setup Fees

Free-tier plans are available for both the Billing and HRMS modules and are subject to usage limits described on the pricing page. The following fees apply to free-plan accounts:

• One-time setup fee: ₹99 — charged once to activate a free account on the Platform.
• Annual server charge: ₹99/year — waived for the first year from account creation; charged from Year 2 onwards to cover infrastructure costs.

Both fees are waived entirely if your account includes at least one paid (non-free) Subscription to any Wainga module.

6. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of applicable Indian labour, tax, or data-protection laws.
• Upload false, misleading, or fabricated worker records, attendance data, or compliance documents.
• Attempt to reverse-engineer, scrape, or disrupt the Platform or its underlying infrastructure.
• Share your account credentials with unauthorised persons or resell access to the Platform.
• Use automated bots or scripts to interact with the Platform without prior written consent.
• Upload malware, viruses, or any code intended to damage or interfere with the Platform.

Violation of this section may result in immediate suspension or termination of your account.

7. Worker Data & Skill Passports

Wainga acts as a data processor in relation to worker personal data (attendance records, wage information, identity documents, biometrics where applicable) that you upload or collect through the Platform. You, as the Subscriber (employer or contractor), are the data controller and are responsible for:

• Obtaining all necessary consents from workers before collecting and processing their personal data on the Platform.
• Complying with applicable Indian privacy and labour laws, including the Information Technology Act, 2000 and relevant rules.
• Ensuring that workers are informed that their records are stored and managed on the Platform.

Worker Skill Passports are portable digital records owned by the individual worker. Workers may access their own Skill Passport at any time via the Worker Portal, regardless of whether their employer maintains an active Subscription. Employers may not delete a worker's Skill Passport; they may only manage records created within their own account.

8. Intellectual Property

The Platform, including its software, design, trademarks, and the Wainga name and logo, is owned by Wainga and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Platform solely in accordance with these Terms.

You retain ownership of all Content you upload. By uploading Content, you grant Wainga a limited licence to store, process, and display that Content solely to provide the services you have subscribed to. We will not use your Content for advertising or sell it to third parties.

9. Third-Party Services

The Platform integrates with third-party services including:

• Razorpay — payment processing. Razorpay's own terms and privacy policy apply to payment transactions.
• Email delivery providers — for transactional emails such as payslips, welcome emails, and invoice reminders.
• AI / LLM providers (for Insight Hub content generation, if enabled) — content is reviewed editorially before publication.

Wainga is not responsible for the availability, accuracy, or terms of third-party services.

10. Suspension & Termination

Wainga may suspend or terminate your account with or without notice if:

• You breach any provision of these Terms.
• Payment for a paid Subscription fails and remains outstanding after reasonable notice.
• We reasonably believe your use of the Platform is causing harm to workers, other users, or the integrity of the Platform.

Upon termination you may request an export of your account data within 30 days by contacting support@wainga.com. After this period, data may be permanently deleted. Worker Skill Passport data is retained independently per the worker's own rights.

11. Limitation of Liability

To the maximum extent permitted by law:

• The Platform is provided "as is" without warranty of any kind, express or implied.
• Wainga is not liable for any indirect, incidental, or consequential damages arising from your use of or inability to use the Platform.
• Our total liability to you for any claim arising out of or related to these Terms shall not exceed the amount paid by you to Wainga in the 3 months immediately preceding the claim.

Nothing in these Terms excludes liability for fraud, death, or personal injury caused by Wainga's negligence.

12. Dispute Resolution & Governing Law

These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of these Terms shall first be attempted to be resolved amicably by written notice. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts located in Maharashtra, India.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify active Subscribers by email or by a prominent notice on the Platform at least 14 days before the changes take effect. Continued use of the Platform after that date constitutes your acceptance of the revised Terms.

14. Contact