VISITORCHECK.IN TERMS OF SERVICE

Effective 1 December 2024

What’s covered in these terms

We understand that skipping through Terms of Service can be tempting, but it’s essential to outline what you can expect from us and what we expect from you when using our services.

These Terms of Service are designed to reflect how our business operates, comply with applicable laws, and uphold principles we’ve always valued. They serve to define the relationship between us and you as you engage with our services. Key sections of these terms include:

• What You Can Expect From Us: An overview of how we provide and develop our services.
• What We Expect From You: Guidelines and rules for using our services responsibly.
• Content in Our Services: A breakdown of intellectual property rights for the content you encounter—whether it’s yours, ours, or belongs to others.
• In Case of Problems or Disagreements: Information about your legal rights and what happens if someone violates these terms.

It’s important to understand these terms because by accessing or using our services, you agree to them.

In addition to these Terms of Service, we offer a detailed Privacy Policy. While it’s separate from these terms, we encourage you to read it to learn more about managing, updating, exporting, or deleting your personal information.

Terms

Service provider

VisitorCheck.in services are provided by, and you’re contracting with:

VisitorCheck.in
organised under the laws of the Government of India, and operating under the Government of India

Smart IT Centre, Office No-1602, 16^th Floor,

G Square Business Park, Opp. Sanpada Railway Station,

Sanpada, Navi Mumbai,

Maharashtra, India

What you can expect from us

Provide a broad range of useful services

We offer a wide range of features and tools through our visitor check-in web app, all of which are governed by these terms. These include:

• Web and Mobile Apps: Streamlined solutions for managing visitor check-ins and check-outs.
• Integrated Features: Tools like notifications, visitor logs, and access control that enhance your visitor management experience.
• Platform Interoperability: Seamless integration with third-party apps and services to simplify workflows.
• Customizable Options: Tailored settings to match your organization’s specific needs.

Our services are designed to work together effortlessly, making your experience smooth and intuitive. For instance, if a visitor logs in through the app, their details can automatically be updated in your visitor logs and synced with integrated security or scheduling systems.

Develop, improve and update VisitorCheck.in services

We are continually developing new technologies and features to enhance our services. For example, we leverage artificial intelligence and machine learning to streamline processes, improve accuracy, and enhance security by detecting and preventing unauthorized access or misuse.

As part of this ongoing improvement, we may occasionally add or remove features, adjust service limits, or introduce new functionalities. Similarly, some older features or services may be discontinued. For services that require downloadable or preloaded software, updates may occur automatically when new versions or features become available. Certain services also allow you to manage your automatic update settings for greater control.

If we make significant changes that negatively impact your use of our services or decide to discontinue a service, we’ll provide reasonable advance notice when possible. Exceptions may apply in urgent situations, such as addressing security concerns, complying with legal requirements, or preventing misuse.

When applicable, we’ll also offer options to export your data or content, ensuring you maintain access in accordance with relevant laws and policies.

What we expect from you

Follow these terms and service-specific additional terms

Your permission to access and use our services is granted as long as you comply with:

• These Terms of Service
• Any Service-Specific Terms: These may include additional requirements, such as minimum age restrictions or other conditions relevant to particular features.

To help you use our services responsibly, we provide various resources, including policies, help centers, and guidance documents. These resources, such as our Privacy Policy, Copyright Information, Safety Guidelines, and other related materials, are readily available to address common questions and outline expectations. Additionally, within the services, we may provide alerts, instructions, or warnings to highlight critical information.

While we allow you to use our services, all intellectual property rights related to the services remain with us.

Respect others

We are committed to fostering a respectful and safe environment for all users. To achieve this, we require everyone to adhere to these basic rules of conduct:

• Follow Applicable Laws: Comply with all relevant laws, including those related to export controls, sanctions, money laundering, and human trafficking.
• Respect the Rights of Others: Protect the privacy, intellectual property, and personal rights of others.
• Avoid Harmful Behavior: Do not abuse, harm, or encourage harm toward others or yourself. This includes actions like misleading, defrauding, impersonating, defaming, bullying, harassing, stalking, or inciting the violation of laws. Additionally, do not host or publish obscene or inappropriate content.

Our service-specific terms and policies, such as our Prohibited Use Policy, provide further guidance on acceptable behavior.

If you encounter conduct that violates these rules, many of our services allow you to report abuse directly. When we take action based on an abuse report, we follow the procedures outlined in the Taking Action in Case of Problems section to ensure transparency and fairness.

Don’t abuse our services

Most users understand and follow the general rules that help keep the internet safe and accessible. However, to protect our services and users from abuse, we’re outlining specific behaviors that are prohibited:

• Do Not Abuse, Harm, Interfere With, or Disrupt Our Services or Systems:
  Examples include:
  • Introducing malware or malicious software.
  • Spamming, hacking, or bypassing security measures.
  • Engaging in unauthorized activities like jailbreaking, adversarial prompting, or prompt injection, unless part of an approved safety or bug testing program.
• Avoid Fraudulent or Deceptive Practices:
  This includes:
  • Phishing or other deceptive schemes.
  • Creating fake accounts, content, or reviews.
  • Misleading others by passing off AI-generated content as human-created.
  • Offering services that misrepresent their origin (e.g., falsely claiming they are from us or others).
• Respect Legal and Privacy Rights:
  • Do not use our services or content to infringe on anyone’s intellectual property or privacy rights.
• Do Not Reverse Engineer Our Services or Technology:
  • Avoid attempts to extract trade secrets or proprietary information from our systems or machine learning models unless explicitly permitted by law.
• Refrain from Unauthorized Automated Access:
  • Do not use automated tools to access content in violation of instructions such as robots.txt files, including activities like crawling or training machine learning models.
• Use AI-Generated Content Responsibly:
  • Do not use content generated by our services to create machine learning models or develop AI technologies.
• Act Transparently and Honestly:
  • Do not hide or misrepresent your identity to engage in prohibited activities or encourage others to violate these terms.

By following these rules, you contribute to a secure and respectful environment for all users.

Permission to use your content

Certain features of our services allow you to upload, submit, store, send, receive, or share your own content. You’re not obligated to provide any content, and you have full control over what you choose to share. If you decide to upload or share content, ensure that you have the necessary rights to do so and that your content complies with applicable laws.

License

Your content remains yours, meaning you retain any intellectual property rights you hold in the content you create or share. For instance, you own the rights to your original works, such as written reviews or creative projects. If you share someone else’s content, ensure you have the necessary permissions to do so.

We require your permission to use your content when your intellectual property rights restrict our use. By using our services, you grant us that permission through this license.

What’s Covered

This license applies to any content you share with us that is protected by intellectual property rights.

What’s Not Covered

This license does not affect your privacy rights; it only pertains to intellectual property rights. Additionally, it does not cover:

• Publicly available factual information you provide, like a correction to a business address, as such information is considered common knowledge and doesn’t require a license.
• Feedback or suggestions you provide for improving our services, which are addressed separately under Service-Related Communications.

Scope of the License

This license is:

• Worldwide: It is valid globally.
• Non-exclusive: You can still license your content to others.
• Royalty-free: No monetary compensation is required for this license.

Rights

Under this license, we are allowed to:

• Host, reproduce, distribute, communicate, and use your content: For example, saving your content on our systems to make it accessible wherever you go.
• Publish, publicly perform, or display your content: If you’ve made it publicly visible.
• Modify and create derivative works: Such as reformatting or translating your content.
• Sublicense these rights to:
  • Other users, enabling service functionality like sharing photos with specific individuals.
  • Contractors under agreements consistent with these terms, solely for purposes described in the next section.

Purpose of the License

This license is granted for the limited purpose of:

• Operating and improving the services: Ensuring the services function as intended and enabling new features and functionalities. This includes automated analysis of your content to:
  • Detect spam and malware.
  • Identify patterns, such as suggesting a photo album.
  • Personalize the services, like providing tailored recommendations, search results, and ads (which you can manage in Ad Settings).
• Using publicly shared content to promote the services: For example, quoting your review or showcasing a screenshot of an app you offer.
• Developing new technologies and services aligned with these terms.

Duration

This license remains in effect as long as your content is protected by intellectual property rights.

If you remove content covered by this license from our services, our systems will cease making it publicly available within a reasonable time. However, there are two exceptions:

1. If your content was shared with others before removal, they may still retain or share it. For instance, a photo shared with a friend might still appear in their account.
2. If your content is available on other companies’ services, search engines (including Google Search) may still index and display it in search results.

Using Google services

Your Account

If you meet the requirements, you can create an account to access and use our services. Certain features may require an account to function—for example, to manage check-ins, store visitor logs, or access personalized settings.

You are responsible for your account’s activity, including taking reasonable steps to keep it secure. We encourage you to use available tools, such as regular security check-ups, to protect your account.

Using Our Services on Behalf of an Organization

Organizations such as businesses, schools, or non-profits can use our services to manage visitors efficiently. To use our services on behalf of an organization:

• An authorized representative must agree to these terms.
• Your organization’s administrator may assign an account to you, implement additional rules, or have the ability to access or manage your account, including disabling it if necessary.

Service-Related Communications

To deliver our services, we may send you important announcements and information. For more details about how we communicate with you, refer to our Privacy Policy.

If you provide feedback, such as suggestions for improvement, we may use your feedback without obligation to you.

Quality of Service and Problem Resolution

Both the law and these terms ensure that you are entitled to:

1. A certain standard of service quality.
2. Methods to resolve issues if problems arise.

Warranty

We strive to provide our services with reasonable skill and care. If we fail to meet the quality described in this warranty, you agree to notify us, and we will work with you to address the issue.

Disclaimers

Our commitments regarding services, including their content, functionality, reliability, or ability to meet your needs, are limited to:

1. The Warranty section.
2. Service-specific additional terms.
3. Laws that cannot be restricted by these terms.

Do not rely on our services for professional advice such as medical, legal, or financial guidance. Content provided in these areas is for informational purposes only and should not replace advice from a qualified professional.

Liabilities

For All Users

Both the law and these terms aim to balance the responsibilities of all parties. These terms limit liability only as permitted by law. Specifically, these terms do not limit liability for:

• Fraud or fraudulent misrepresentation.
• Death or personal injury caused by negligence.
• Gross negligence.
• Willful misconduct.

Beyond these exceptions, we are liable only for breaches of these terms or applicable service-specific terms, as permitted by law.

For Business Users and Organizations

If you are a business user or organization:

• To the extent permitted by law, you agree to indemnify us, including our directors, officers, employees, and contractors, for third-party legal actions resulting from your unlawful use of the services or your violation of these terms. This indemnity includes claims, losses, damages, judgments, fines, litigation costs, and legal fees, except where these arise from our negligence, breach, or willful misconduct.
• If you are legally exempt from certain responsibilities (e.g., indemnification), those exemptions apply under these terms.

We are not responsible for:

• Loss of profits, revenues, business opportunities, goodwill, or anticipated savings.
• Indirect or consequential losses.

Except as outlined in the “For All Users” section, our total liability for breaches is limited to the greater of:

1. 125% of the fees you paid for the services in the 12 months preceding the breach.

Taking Action in Case of Problems

Content Removal

We may remove content if we reasonably believe it:

1. Violates these terms, service-specific additional terms, or policies.
2. Breaches applicable laws.
3. Could harm users, third parties, or our platform.

Examples include child exploitation material, harassment, terrorist content, and intellectual property infringement.

Service Suspension or Termination

We may suspend or terminate your access to the services if:

1. You materially or repeatedly violate these terms or related policies.
2. We are required to comply with a legal requirement or court order.
3. Your conduct causes harm or liability to others, such as through hacking, phishing, spamming, or misleading activities.

In such cases, we will attempt to notify you in advance unless doing so could:

• Cause harm or liability to others.
• Violate the law or a legal order.
• Compromise an investigation or the integrity of our services.

If you believe your access has been suspended or terminated in error, you can appeal through our support channels.

You are free to stop using the services at any time. If you do, we welcome your feedback to help us improve.

Dispute Resolution, Governing Law, and Jurisdiction

For information about contacting us, please visit our contact page.

Disputes related to these terms, service-specific terms, or related services will be governed by Californian law, regardless of conflict of laws rules. Such disputes will be resolved exclusively in the federal or state courts of Santa Clara County, California, USA. By using our services, you consent to jurisdiction in these courts.

If applicable local laws prevent disputes from being resolved in California, you may file disputes in your local courts. Similarly, if local laws prevent the application of Californian law, the laws of your place of residence will apply.

About These Terms

By law, you have certain rights that cannot be limited by a contract like these Terms of Service. These terms are not intended to restrict those rights in any way.

These terms define the relationship between you and us. They do not grant legal rights to third parties, even if they may benefit from this relationship under these terms.

We aim to make these terms easy to understand, using examples from our services. However, not all services mentioned may be available in your region.

If these terms conflict with service-specific additional terms, the additional terms will apply to that particular service.

If any part of these terms is found to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining terms.

If you fail to follow these terms or the service-specific additional terms, and we don’t take immediate action, it does not mean we waive any rights to take action in the future.

We may update these terms and service-specific additional terms for the following reasons:

1. Changes in our services, business practices, features, technologies, pricing, or benefits (including removing old ones).
2. Legal, regulatory, or security reasons.
3. To prevent abuse or harm.

If we make significant changes to these terms or service-specific additional terms, we will provide you with reasonable notice and the opportunity to review the changes, except in cases where we launch new services or features, or in urgent situations like preventing abuse or complying with legal requirements. If you do not agree with the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your account.