1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Pixa Consulting LLP (“Pixa,” “we,” “us,” or “our”), governing your access to and use of the Pixa Smart Attendance mobile application, web application, APIs, and associated cloud services (collectively, the “Services”).
By downloading, installing, accessing, or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an educational institution, university, school, or corporate entity (“Institution”), you represent and warrant that you have the legal authority to bind that Institution to these Terms.
2. Description of Services
Pixa Smart Attendance provides cloud-enabled attendance tracking, facial recognition-based identity verification, timetable coordination, and administrative reporting services designed for educational institutions and enterprise environments.
We continuously update and enhance our Services. We reserve the right to modify, update, suspend, or temporarily discontinue features, functionality, or components of the Services with or without notice for routine maintenance, security enhancements, or updates.
3. User Accounts and Registration
A. Account Provisioning
Access to the Services is restricted and requires account creation. Accounts cannot be created directly via self-registration by individual end users. All user accounts (including student, faculty, and staff profiles) are strictly provisioned on your behalf by your designated Institution administrator.
B. Account Security
You are solely responsible for maintaining the confidentiality of your login credentials (usernames and passwords). You agree to immediately notify us at support@pixaconsulting.com upon detecting any unauthorized access to or compromise of your account.
C. Accuracy of Information
You agree to provide true, accurate, current, and complete registration data during onboarding and to maintain the accuracy of such details throughout your usage of the platform.
4. Acceptable Use and Restrictions
You agree to use the Services only for lawful purposes in strict compliance with these Terms. You explicitly agree NOT to:
- Spoof, bypass, or attempt to defeat facial verification mechanisms using pre-recorded photographs, videos, masks, deepfakes, or artificial rendering tools (“Liveness Bypassing”).
- Decompile, reverse engineer, disassemble, or attempt to extract the source code or underlying algorithms of the App or facial recognition models.
- Use automated scripts, bots, crawlers, or unauthorized APIs to interact with the platform.
- Impersonate another student, faculty member, administrator, or individual.
- Interfere with, overload, or compromise the integrity or security of our server infrastructure (hosted on AWS) or connected networks.
- Sell, resell, lease, sublicense, or commercially exploit access to the App or API endpoints without prior written authorization from Pixa Consulting LLP.
5. Biometric Data & Device Permissions
Certain core features of the Services require camera access to perform identity verification via facial image processing and embedding matching. By utilizing facial verification features, you confirm that:
- You grant the App permission to access your device camera during active attendance sessions.
- You have read and acknowledged our Privacy Policy, which details how facial data is captured, encrypted, stored, and automatically purged.
- If you are an Institution administrator, you warrant that your organization has secured all necessary consents (including parental/guardian consents for minors under applicable laws like the DPDP Act 2023) required to enroll students into the facial verification system.
6. Intellectual Property Rights
The Services, including but not limited to software code, algorithms, user interface designs, visual elements, graphics, database architecture, domain names, and trademarks (including “Pixa Smart Attendance” and “Pixa Consulting LLP”), are the sole and exclusive intellectual property of Pixa Consulting LLP or its licensors.
Subject to compliance with these Terms, Pixa grants you a non-exclusive, non-transferable, revocable, limited license to download, install, and use the App solely for institutional attendance management purposes.
7. Service Plans, Subscriptions, and Institutional Billing
A. Institutional Contracts
Access to the Services for individual users (including faculty, staff, and students) is provided under an enterprise subscription or agreement purchased directly by their contracting educational institution (“Institution”). Individual users are not charged directly by Pixa Consulting LLP for access to or use of the Services.
B. Commercial Terms and Payment
All subscription fees, billing cycles, user tier limits, and payment schedules are governed by the separate Master Services Agreement (MSA), commercial contract, or purchase order executed between Pixa Consulting LLP and the Institution.
C. Non-Payment & Service Suspension
Pixa Consulting LLP reserves the right to suspend or terminate platform access for all accounts associated with an Institution if the Institution fails to settle agreed commercial invoices in accordance with its contractual terms.
8. Termination and Account Suspension
We reserve the right to suspend or terminate your account or restrict access to the Services immediately, without prior notice or liability, if:
- You breach any provision of these Terms or engage in fraudulent attendance activities.
- Required by law enforcement or regulatory order under applicable laws.
- Your affiliated Institution terminates its commercial subscription with Pixa.
Upon termination, your right to access the platform ceases immediately. Data deletion will proceed according to the timeline defined in our Privacy Policy and agreement with the Institution.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PIXA CONSULTING LLP EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, COMPLETELY ERROR-FREE, OR FREE FROM TEMPORARY SERVER OUTAGES OR NETWORK DELAYS ARISING FROM THIRD-PARTY CLOUD INFRASRUCTURE OR DEVICE HARDWARE LIMITATIONS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXA CONSULTING LLP, ITS PARTNERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF DATA, REVENUE, GOODWILL, OR ADMINISTRATIVE DISRUPTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU OR YOUR INSTITUTION TO PIXA CONSULTING LLP IN THE THREE (3) MONTHS PRECEDING THE CLAIM EVENT.
11. Governing Law and Dispute Resolution
These Terms shall be governed by, construed, and enforced in accordance with the laws of India, without regard to its conflict of law principles.
In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the parties shall first attempt to resolve the matter amicably through good-faith negotiations. If unresolved, the dispute shall be referred to and finally resolved by binding arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Ahmedabad, Gujarat, India, and proceedings shall be conducted in English.
Subject to the arbitration provision above, any legal action or court proceeding shall be subject to the exclusive jurisdiction of the competent courts located in Ahmedabad, Gujarat, India.
12. Contact Information
If you have any questions, concerns, or notices regarding these Terms of Service, please reach out to us at:
- Company Name: Pixa Consulting LLP
- Email Support: support@pixaconsulting.com
- Official Website: https://pixaconsulting.com/