Terms and Conditions

1. Acceptance of Terms

By accessing and using Omni HR's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Omni HR ("Company," "we," "us," or "our").

These Terms apply to all users of our platform, including but not limited to:

• Individual users accessing the platform
• Company administrators and HR personnel
• Employees using self-service features
• Third-party integrators and API users

2. Description of Services

Omni HR provides a comprehensive Software-as-a-Service (SaaS) platform for human resources management, including but not limited to:

Core Services

• Talent Management: Recruitment, onboarding, and employee development tools
• Performance Analytics: Employee performance tracking and reporting
• Automated Workflows: HR process automation and task management
• Employee Self-Service: Portal for employee information management
• Compliance Management: Tools for regulatory compliance and reporting
• Integration Services: API access and third-party system integrations

Service Availability

We strive to maintain 99.9% uptime for our services. However, we reserve the right to perform scheduled maintenance and may experience occasional service interruptions. We will provide advance notice of planned maintenance whenever possible.

3. Account Registration and Security

Registration Requirements

To access our services, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the accuracy of your account information
• Keeping your login credentials secure and confidential
• Promptly notifying us of any unauthorized account access
• All activities that occur under your account

Account Eligibility

You must be at least 18 years old and have the legal authority to enter into this agreement on behalf of your organization. Corporate accounts must be registered by authorized representatives.

Account Security

We implement industry-standard security measures, but you are responsible for:

• Using strong, unique passwords
• Enabling two-factor authentication when available
• Regularly reviewing account activity
• Reporting suspicious activities immediately

4. Acceptable Use Policy

Permitted Uses

You may use our services for legitimate human resources management purposes in accordance with applicable laws and regulations.

Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the service for any unlawful or fraudulent purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services or servers
• Upload or transmit malicious code, viruses, or harmful content
• Reverse engineer, decompile, or attempt to extract source code
• Resell, redistribute, or sublicense our services without authorization
• Use automated scripts or bots to access our services

5. Subscription and Payment Terms

Subscription Plans

We offer various subscription plans with different features and pricing. All subscription fees are clearly displayed on our website and are subject to change with advance notice.

Free Trial Period

New customers are eligible for a 3-month free trial period. During this period:

• You have access to the features included in your selected plan
• No payment is required during the trial period
• You may cancel at any time without obligation
• Automatic billing begins after the trial period unless cancelled

Payment Terms

• Billing Cycle: Monthly or annual billing available
• Payment Methods: Credit card, ACH transfer, or wire transfer
• Automatic Renewal: Subscriptions renew automatically unless cancelled
• Late Payments: Service may be suspended for overdue accounts
• Refunds: Pro-rated refunds available under certain circumstances

Plan Changes and Cancellation

You may upgrade, downgrade, or cancel your subscription at any time through your account settings. Changes take effect at the next billing cycle unless otherwise specified.

6. Data Protection and Privacy

Data Processing

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including GDPR and CCPA. You retain ownership of all data you input into our system.

Data Security

We implement comprehensive security measures including:

• End-to-end encryption for data transmission
• Encryption at rest for stored data
• Regular security audits and penetration testing
• SOC 2 Type II compliance
• Access controls and monitoring systems

Data Backup and Recovery

We maintain regular backups of your data and have disaster recovery procedures in place. However, we recommend maintaining your own backup copies of critical data.

7. Intellectual Property Rights

Our Intellectual Property

All rights, title, and interest in and to the Omni HR platform, including but not limited to software, designs, trademarks, copyrights, and trade secrets, remain our exclusive property.

Your Content

You retain ownership of all content and data you upload to our platform. By using our services, you grant us a limited license to process and store your content solely for the purpose of providing our services.

License Grant

We grant you a limited, non-exclusive, non-transferable license to use our services during your subscription period, subject to these Terms.

8. Limitation of Liability

Service Warranty

Our services are provided "as is" and "as available." We make no warranties, express or implied, regarding the services, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Damages

To the maximum extent permitted by law, we shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages exceeding the amount paid by you in the 12 months preceding the claim
• Any damages resulting from third-party actions or integrations

9. Termination

Termination by You

You may terminate your account at any time by:

• Cancelling through your account settings
• Contacting our customer support team
• Providing written notice of cancellation

Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• Your account becomes past due
• We reasonably believe your account poses a security risk
• Required by law or regulatory action

Effect of Termination

Upon termination:

• Your access to the services will be immediately suspended
• You remain responsible for any outstanding fees
• We will provide data export options for a limited period
• Certain provisions of these Terms will survive termination

10. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will provide notice through email or platform notifications
• Material changes will be effective 30 days after notice
• Continued use of our services constitutes acceptance
• You may terminate your account if you disagree with changes

11. Governing Law

These Terms are governed by the laws of Kenya without regard to conflict of law principles. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts in laws of Kenya.

Dispute Resolution

Before pursuing formal legal action, we encourage you to contact us to resolve any disputes informally. For certain disputes, we may require binding arbitration as outlined in our separate Arbitration Agreement.

12. Contact Information