Terms of Service

Last Updated: January 1, 2025

1. Acceptance of Terms

By accessing or using SmartHR Kenya ("the Platform"), you agree to be bound by these Terms of Service. If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these terms. If you do not agree, you may not use the Platform.

2. Description of Service

SmartHR Kenya is a cloud-based Human Resource Management System (HRMS) that provides employee management, attendance tracking, leave management, payroll processing, and related HR services. The Platform is offered as a Software-as-a-Service (SaaS) product with tiered subscription plans.

3. Account Registration

To use the Platform, you must register an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Subscription and Payment

• Access to the Platform requires an active subscription. Subscription plans and pricing are listed on our pricing page.
• Payments are due in advance on a monthly or annual basis depending on your chosen billing cycle.
• We accept M-Pesa, credit/debit cards, and bank transfers.
• Failure to pay may result in suspension or termination of your account after a grace period.
• All fees are quoted in Kenya Shillings (KES) unless otherwise stated.
• We reserve the right to change pricing with 30 days notice to existing subscribers.

5. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of Kenyan law
• Attempt to gain unauthorized access to any part of the Platform or other users' data
• Upload malicious software, viruses, or harmful code
• Use the Platform to store or transmit content that infringes intellectual property rights
• Resell, sublicense, or redistribute access to the Platform without our written consent
• Interfere with the performance or availability of the Platform

6. Data Ownership

You retain ownership of all data you input into the Platform. We do not claim ownership of your employee records, payroll data, or any other content you create. We process your data solely to provide the services described herein, in accordance with our Privacy Policy.

7. Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice. We are not liable for downtime caused by factors beyond our control, including internet disruptions, power outages, or force majeure events.

8. Limitation of Liability

To the maximum extent permitted by Kenyan law, SmartHR Kenya shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Platform. Our total liability for any claim shall not exceed the amount you paid for the service in the 12 months preceding the claim.

9. Termination

Either party may terminate the subscription at any time. Upon termination, your access to the Platform will cease at the end of your current billing period. You may request a copy of your data within 30 days of termination. After 30 days, we reserve the right to delete your data, subject to legal retention requirements.

10. Governing Law

These Terms of Service are governed by the laws of the Republic of Kenya. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

11. Contact

For questions about these Terms of Service, contact us at:

Email: legal@smarthr.co.ke
Phone: +254 731 664 845
Address: Nairobi, Kenya