1. Agreement to Terms
These Terms and Conditions ("Terms") govern your download, installation, access, and use of the ESS Tracker mobile application ("App"), published by ESS India under Android package identifier com.essindia.tracker on Google Play.
By downloading, installing, or logging into the App, you agree to be bound by these Terms. If you do not agree, you may not use the App.
How we handle your information is described in our Privacy Policy, which forms part of these Terms.
2. Enterprise Purpose & Account Authorization
ESS Tracker is an enterprise workforce application designed for authorized employees, staff members, and contractors of participating organisations.
- Authorized Access Only: You must have valid login credentials issued by your employer to use the App.
- Account Security: You are responsible for keeping your credentials confidential and for activity under your account.
- Immediate Notification: You agree to tell your organisation's IT administrator immediately of any unauthorized use or security breach of your account.
- Employer Relationship: Your employer's workplace policies apply in addition to these Terms. These Terms do not create or change any employment relationship between you and your employer or ESS India.
3. Location Tracking & Device Permission Usage
The core function of ESS Tracker is to facilitate shift attendance verification and duty location monitoring for your employer.
📍 Acknowledgment of background location use
When you grant location permission in the App, you acknowledge that ESS Tracker collects your device's location, including in the background, during your active work shifts or designated duty hours to verify attendance, site check-ins, and duty routes, as described in the Privacy Policy.
You may withdraw location permission at any time in your device settings. If you do, automatic attendance verification will not work, and you should follow the alternative attendance procedure your employer provides.
You agree not to use mock location software or any other means of manipulating your location or shift records.
4. Acceptable Use & Prohibited Conduct
When using ESS Tracker, you agree that you will NOT:
- Use mock location applications, GPS spoofing, or emulators to forge location data or attendance timestamps.
- Reverse engineer, decompile, disassemble, or attempt to extract the source code of the App.
- Bypass authentication mechanisms, disable security tokens, or attempt unauthorized access to backend APIs.
- Use the App for any illegal, unauthorized, or fraudulent purpose.
- Interfere with or disrupt the App or its underlying server infrastructure.
5. Intellectual Property Rights
The App, including its code, interface design, logos, graphics, icons, branding, and underlying software, is the exclusive intellectual property of ESS India and its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App solely for your employment duties in accordance with these Terms.
6. Service Availability & Updates
We strive to keep ESS Tracker highly available; however:
- The App may occasionally be unavailable due to maintenance, upgrades, or network outages.
- We may modify, update, or upgrade the App at any time to improve functionality, security, or compliance.
- You agree to keep the App updated to the latest version on Google Play to ensure uninterrupted service.
7. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESS INDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES, OR THAT LOCATION ACCURACY WILL ALWAYS BE PERFECT UNDER POOR HARDWARE OR SIGNAL CONDITIONS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESS INDIA, ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APP.
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.
9. Termination & Account Suspension
Your access to the App may be suspended or terminated by your employer or by us if you breach these Terms, stop being an active employee or contractor, or engage in location spoofing or misconduct. On termination, you must stop using the App and may remove it from your device.
10. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new "Last Updated" date. Continued use of the App after an update means you accept the revised Terms.
11. Governing Law & Jurisdiction
These Terms are governed by the laws of India, without regard to conflict of law principles. Any dispute arising out of these Terms or your use of the App is subject to the exclusive jurisdiction of the competent courts in India.
12. Contact Information
For questions or support regarding these Terms, please contact:
ESS India (Publisher of ESS Tracker)
Registered address: 3rd floor, Tower B, Lotus Business Park, Sector-127, Noida – 201313, U.P, India
Package Name: com.essindia.tracker
Email: essapp127@gmail.com
Website: https://www.essindia.com