Terms of Service
Welcome to AgileHRMS, a comprehensive Human Resource Management System (HRMS) designed to simplify and streamline the myriad tasks associated with managing a modern workforce. Developed by Apploye Inc., AgileHRMS offers an array of tools and features aimed at enhancing the efficiency and productivity of HR departments across various industries. Our software facilitates numerous HR functions including recruitment and hiring, employee information management, attendance tracking, payroll processing, and much more, all within a user-friendly and secure environment.
By accessing or using AgileHRMS, you (the user) agree to be bound by these Terms of Service (ToS). These ToS govern your access to and use of AgileHRMS, including any content, functionality, and services offered on or through the software. It is important that you read and understand these terms thoroughly as they form a binding legal agreement between you and Apploye Inc.
The use of AgileHRMS is subject to acceptance of these ToS. If you do not agree to these terms, you must not access or use AgileHRMS. We recommend reviewing these terms periodically, as they may be updated from time to time, and continued use of AgileHRMS after such modifications signifies your acceptance of the changed terms.
Definitions
Explanation of key terms used in the document (e.g., “User”, “Service”, “Content”).
In the context of these Terms of Service (ToS) for AgileHRMS, the following definitions apply to key terms used throughout this document:
"User": Refers to any individual or entity that accesses, uses, or has registered to use AgileHRMS. This includes but is not limited to HR professionals, managers, employees within an organization, and any other person who interacts with the software in any capacity.
"Service": Encompasses all functionalities, features, tools, and resources provided by AgileHRMS, including but not limited to employee data management, attendance tracking, payroll processing, recruitment, and hiring modules, leave management, and other related HR management functionalities.
"Content": Refers to any information, data, text, images, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through AgileHRMS. This includes but is not limited to user-generated data, company policies, employee records, and any material uploaded, posted, or stored within the software.
"AgileHRMS": The Human Resource Management System software developed and provided by Apploye Inc., encompassing all its modules, features, and capabilities as described in these ToS.
"Apploye Inc.": The entity that owns and operates AgileHRMS, responsible for its maintenance, development, and updates.
"Account": The individual or organizational profile created by a User to access and utilize the Service, requiring registration and authentication.
"Confidential Information": Any data or information, oral or written, treated as confidential that a User learns about or accesses through the use of AgileHRMS, including but not limited to employee data, company financials, and proprietary processes.
"Personal Data": Any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier.
Please note that these definitions are intended to clarify terms used in this document and are not exhaustive descriptions. Additional terms may be defined in the context of their specific sections within these Terms of Service.
Acceptance of Terms
By accessing, browsing, or using AgileHRMS, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (ToS). This agreement constitutes a legally binding contract between you (the User) and Apploye Inc., the provider of AgileHRMS. If you do not agree to these terms, you are not authorized to use or access AgileHRMS.
Conditions for Acceptance
Use of Service: Your use of AgileHRMS, including accessing any of its features or content, indicates your acceptance of these ToS.
Registration: If you register for an account on AgileHRMS, your completion of the registration process will signify your agreement to these ToS.
Updates and Modifications: AgileHRMS and these ToS may be updated or modified from time to time. Continued use of the Service after such changes indicates your acceptance of the new terms.
Age and Capacity Requirements
Minimum Age: You must be at least 18 years of age, or the age of majority in your jurisdiction, to agree to and enter into this contract on your own behalf.
Representation of Capacity: By agreeing to these ToS, you represent that you have the legal capacity to enter into a binding contract.
Underage Users: If you are under the age of 18 or the age of majority in your jurisdiction, you may use AgileHRMS only under the supervision of a parent or legal guardian who agrees to be bound by these ToS. If you are a parent or legal guardian agreeing to these terms for the benefit of an individual under the age of majority, you are fully responsible for his or her use of AgileHRMS, including all legal liability he or she may incur.
Organizational Use: If you are using AgileHRMS on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these ToS, and your agreement to these terms will be treated as the agreement of the organization. In that case, "you" and "your" will refer to that organization.
It is your responsibility to ensure that your use of AgileHRMS complies with these ToS and to seek prior written permission from Apploye Inc. for any uses not permitted or not expressly specified in these terms.
Modification of Terms
Apploye Inc. reserves the right to update, change, or modify these Terms of Service (ToS) for AgileHRMS at any time. Such modifications are intended to enhance the service, reflect changes in the law or business practices, or address other concerns as deemed appropriate by Apploye Inc. The following outlines the provisions for how and when these terms may be updated or modified:
Notice of Modifications: When significant changes are made to these ToS, we will provide notice to users. This notice may be given through various channels including, but not limited to, posting on our website, direct communication to users (such as email), or through AgileHRMS itself.
Effective Date of Changes: Modifications to the ToS will become effective immediately upon posting unless stated otherwise. In some cases, we may specify a later date for the changes to take effect.
User Responsibility: It is your responsibility as a user to regularly review these ToS to stay informed about any changes. Your continued use of AgileHRMS after the effective date of such changes will constitute your acceptance of and agreement to the updated terms.
Document Version: Each version of the ToS will be identified at the top of the page by its effective date and, where applicable, will supersede any previous versions.
Acceptance of Updated Terms: By continuing to access or use AgileHRMS after any modifications become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use AgileHRMS and should discontinue your use of the service.
It is important to periodically review this section to understand your obligations and rights under the ToS. Your continued engagement with AgileHRMS signifies your acceptance of these changes and your commitment to adhere to the updated ToS.
Registration and User Accounts
Access to certain features and functionalities of AgileHRMS may require you to create an account. The following outlines the process and requirements for account creation, as well as your responsibilities concerning account security and data accuracy.
Process and Requirements for Account Creation
Account Sign-Up: To create an account, you will be required to provide certain information, such as your name, email address, and other pertinent details as part of the registration process.
Verification: Depending on the process, you may need to verify your email address or phone number to confirm your identity and ensure the security of your account.
Account Credentials: Upon successful registration, you will create a username and password. These credentials are used to access your AgileHRMS account.
Accuracy of Information: You are responsible for providing accurate, current, and complete information during the registration process and for updating such information to keep it accurate, current, and complete.
User Responsibilities for Account Security and Data Accuracy
Account Security: You are responsible for maintaining the confidentiality of your account credentials. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
Data Accuracy: You are responsible for ensuring the accuracy and completeness of all data entered into or uploaded to AgileHRMS. This includes, but is not limited to, personal details, employee information, and any other data related to the HR functions managed through AgileHRMS.
Notification of Unauthorized Use: You must immediately notify Apploye Inc. of any unauthorized use of your account or any other breaches of security.
Account Sharing: Unless explicitly permitted, you should not share your account with others. Responsibility for all activity conducted under your account will lie solely with you.
Consequences of Violation: Failure to comply with these account registration and security requirements may result in temporary or permanent suspension of your account. Apploye Inc. reserves the right to take any necessary action to protect the integrity and security of AgileHRMS and its users' accounts.
By registering an account with AgileHRMS, you agree to comply with these terms and acknowledge that failure to adhere to these responsibilities may result in the limitation, suspension, or termination of your account and access to AgileHRMS services.
User Conduct and Obligations
Your use of AgileHRMS is subject to certain conduct guidelines and obligations to ensure a safe, legal, and efficient environment for all users. Below are the acceptable and prohibited uses of the software, as well as your responsibilities regarding legality and compliance.
Acceptable Uses of the Software
Compliance with Features: Use AgileHRMS in accordance with its intended features and functionalities for HR management purposes.
Professional Conduct: Engage with AgileHRMS in a professional manner that is respectful of other users and the purpose of the software.
Data Integrity: Ensure that any data entered into or actions taken within AgileHRMS are accurate, legal, and ethical.
Prohibited Uses of the Software
Unlawful Activities: Do not use AgileHRMS for any unlawful purposes or in violation of any applicable national, state, local, or international law or regulation.
Unauthorized Access: Attempting to gain unauthorized access to any part of AgileHRMS, other accounts, computer systems, or networks connected to AgileHRMS, through hacking, password mining, or any other means, is strictly prohibited.
Disruption of Services: Do not interfere with or disrupt the integrity or performance of AgileHRMS or the data contained therein.
Harassment and Abuse: Engaging in harassment, bullying, or any form of abuse towards other users within the AgileHRMS environment is unacceptable.
Distribution of Malware: Do not introduce malicious software or agents into AgileHRMS, such as viruses, worms, or other software intended to harm, disrupt, or covertly extract data.
Unauthorized Data Mining: Extracting, scraping, or data mining of AgileHRMS content or information without explicit permission from Apploye Inc. is prohibited.
User Responsibilities Regarding Legality and Compliance
Adherence to Laws: You are responsible for ensuring that your use of AgileHRMS complies with all applicable laws and regulations.
Reporting Misuse: If you become aware of any misuse of AgileHRMS or any security breach in the system, you are obligated to report it immediately to Apploye Inc.
Accountability for Actions: You are accountable for all activities conducted through your AgileHRMS account and must ensure that these activities adhere to these Terms of Service.
Violation of these conduct guidelines may result in suspension or termination of your account and legal action by Apploye Inc. or relevant authorities if necessary. It is imperative to understand and follow these guidelines to maintain the integrity and security of AgileHRMS and its user community.
Intellectual Property Rights
This section outlines the intellectual property rights pertaining to AgileHRMS, which are crucial to respect and understand as a user of the software. These rights cover the ownership of the software and its content, user rights regarding software use, and prohibitions against unauthorized activities such as piracy, reverse engineering, and unauthorized distribution.
Ownership of the Software and Its Content
Software Ownership: AgileHRMS is owned by Apploye Inc. This includes all software, code, interfaces, graphics, designs, compilation, information, data, computer code, and all other elements of AgileHRMS, which are either directly owned by Apploye Inc. or used with permission by Apploye Inc.
Content Ownership: Any content that is made available through AgileHRMS, including text, images, audio, video, and other material, is either owned by Apploye Inc. or used with permission by Apploye Inc. This content is protected by intellectual property laws and international treaties.
User Rights Regarding Software Use
License Grant: Apploye Inc. grants you a non-exclusive, non-transferable, revocable license to use AgileHRMS for your internal business operations and in accordance with these Terms of Service.
Scope of Use: The license allows you to use AgileHRMS as intended by Apploye Inc. and within the limitations set forth in these Terms of Service.
Prohibitions Against Piracy, Reverse Engineering, and Unauthorized Distribution
Piracy: You may not reproduce, redistribute, or monetize AgileHRMS or any portion thereof, in any form without the express written permission of Apploye Inc.
Reverse Engineering: You are prohibited from reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or underlying algorithms of AgileHRMS.
Unauthorized Distribution: Distributing unauthorized copies of AgileHRMS to third parties is strictly prohibited and is a violation of these Terms of Service as well as intellectual property laws.
Protection of Intellectual Property: Apploye Inc. actively enforces its intellectual property rights to the fullest extent of the law. Any unauthorized use of AgileHRMS or its content may result in legal action and the termination of your license to use the software.
By using AgileHRMS, you acknowledge and agree to respect the intellectual property rights of Apploye Inc. and to use the software only in a manner that is consistent with these rights and the license granted to you.
Privacy and Data Protection
AgileHRMS, provided by Apploye Inc., is committed to protecting the privacy and security of its users and their data. This section outlines our data collection and usage policies, your privacy rights as a user, and the company's obligations under data protection laws.
Fees and Payment
AgileHRMS, offered by Apploye Inc., requires adherence to specific fees and payment terms as detailed below. This section outlines the pricing structure, payment terms, and policies regarding billing, renewals, and cancellations.
Pricing Structure and Payment Terms
Subscription Fees: AgileHRMS operates on a subscription model, with fees based on the chosen plan, which may vary in terms of features and number of users. Detailed pricing information is available on the AgileHRMS website or through direct contact with our sales team.
Payment Terms: Payments are due in accordance with the payment terms stated in the subscription agreement. This typically involves regular billing cycles (e.g., monthly, annually).
Accepted Payment Methods: AgileHRMS accepts various payment methods, including credit/debit cards, bank transfers, and possibly other electronic payment methods.
Late Payments: Late payments may incur additional charges or result in suspension of service until payment is received.
Information on Billing, Renewals, and Cancellations
Billing Cycle: The billing cycle commences on the subscription start date and recurs according to the selected plan (monthly, annually, etc.).
Renewals: Subscriptions are automatically renewed at the end of each billing cycle, unless you notify Apploye Inc. of your intent to cancel before the renewal date.
Cancellation Policy: You can cancel your subscription at any time. After cancellation, you will not be charged for the next cycle.
Refunds: AgileHRMS’s refund policy will be outlined in the subscription agreement. Generally, refunds are not provided for partially used billing periods unless required by law.
Modifications to Pricing: Apploye Inc. reserves the right to modify pricing terms, which will be communicated to existing subscribers in advance.
Additional Charges
Overage Fees: Depending on your subscription plan, additional charges may apply for usage that exceeds the limits of your selected plan.
Other Fees: Any additional fees, such as for add-ons or premium features, will be clearly communicated at the time of purchase.
It is essential for users of AgileHRMS to understand and agree to these payment terms. By subscribing to and using AgileHRMS, you are agreeing to these fees and payment terms as part of your use of the service.
Termination and Account Cancellation
The relationship between you, the user, and Apploye Inc., as the provider of AgileHRMS, includes provisions for the termination of accounts and voluntary account cancellation. This section details the conditions under which an account may be terminated by either party, as well as the rights and procedures for users to voluntarily cancel their accounts.
Conditions Under Which an Account May Be Terminated
Violation of Terms: Apploye Inc. reserves the right to terminate your account if there is a breach of these Terms of Service, including but not limited to misuse of the software, unauthorized access, or illegal activities.
Non-Payment: Failure to pay the required fees for AgileHRMS can result in account termination. Users will typically receive notice and a grace period to rectify the payment issue before termination.
Inactivity: Long-term inactivity may be grounds for account termination, though users will usually receive prior notification with an option to maintain their account.
User's Rights and Procedures for Voluntary Account Cancellation
Right to Cancel: Users have the right to cancel their AgileHRMS account at any time.
Cancellation Process: To cancel your account, you can follow the account cancellation process outlined within the AgileHRMS interface, or contact customer support for assistance.
Data Retrieval: Upon cancellation, you may have a limited time period to retrieve any data or information stored in your AgileHRMS account, as specified in the service agreement.
Effect of Cancellation: After account cancellation, you will lose access to AgileHRMS and all associated data. Apploye Inc. is not responsible for any loss of data resulting from account cancellation.
Final Billing: Depending on the terms of your service agreement, you may be billed for the final payment cycle upon cancellation.
Post-Termination Obligations
Data Handling: After the termination of your account, Apploye Inc. will handle your data in accordance with legal requirements and the company’s data retention policy.
Settlement of Dues: Any outstanding payments or dues must be settled upon the termination or cancellation of your account.
By using AgileHRMS, you acknowledge and agree to these terms regarding termination and account cancellation. It is important to understand these procedures and your rights as a user to ensure a smooth transition should you choose to discontinue using AgileHRMS.
Disclaimers and Limitations of Liability
Apploye Inc. provides AgileHRMS under specific disclaimers regarding its performance and reliability, along with limitations on the company's liability. Understanding these disclaimers and limitations is crucial for all users of AgileHRMS.
Disclaimers Regarding Software Performance and Reliability
"As Is" and "As Available": AgileHRMS is provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
No Guarantee of Accuracy: While Apploye Inc. strives to provide accurate and up-to-date information through AgileHRMS, we do not warrant the accuracy, completeness, or usefulness of this information.
No Guarantee of Uninterrupted Use: Apploye Inc. does not guarantee that the use of AgileHRMS will be uninterrupted or error-free, nor that any defects in the software will be corrected.
Limitations on the Company’s Liability
Limitation of Liability: To the fullest extent permitted by law, Apploye Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use AgileHRMS; (ii) any conduct or content of any third party on AgileHRMS; (iii) any content obtained from AgileHRMS; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Apploye Inc. has been informed of the possibility of such damage.
Cap on Liability: In no event will Apploye Inc.'s aggregate liability for all claims relating to AgileHRMS exceed the greater of $100 USD or the amount you paid Apploye Inc., if any, in the past six months for the services in question.
Indemnification
You agree to defend, indemnify, and hold harmless Apploye Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of AgileHRMS, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on AgileHRMS.
This section does not affect any liability that cannot be excluded or limited under applicable law. Users should use AgileHRMS with the understanding of these disclaimers and limitations, acknowledging that Apploye Inc. cannot be held liable beyond the scope described herein.
Processes for Dispute Resolution
In the event of a dispute arising from or in connection with these Terms of Service or your use of AgileHRMS, the following processes for dispute resolution will be applied:
Notice of Dispute: You or Apploye Inc. must first send a written notice of the dispute (including notice by email), describing the nature and basis of the claim or dispute and the specific relief sought. This notice should be sent to the other party’s legal department.
Negotiation and Informal Resolution: Upon receipt of the notice, both parties agree to attempt to resolve the dispute informally through negotiation. This may involve direct discussions between you and Apploye Inc.'s representatives.
Mediation: If the dispute cannot be resolved through negotiation within a set period, typically 30 days after the notice of dispute is received, the parties may agree to engage in mediation with a neutral mediator to facilitate a resolution.
Arbitration: Should mediation fail to resolve the dispute, the parties may agree to final and binding arbitration, conducted by a neutral arbitrator. The arbitration will be governed by the rules of an agreed-upon arbitration association and will take place in the jurisdiction specified in the Terms of Service.
Legal Action: If both parties do not agree to arbitration or if the subject matter of the dispute is not suitable for arbitration, either party may bring a legal action in court, subject to the exclusive jurisdiction and venue clauses in these Terms of Service.
Confidentiality: All negotiations and proceedings in mediation or arbitration shall be confidential, and the parties agree not to disclose any information, documentation, or proceedings related to the dispute resolution process.
Compliance with Outcome: The parties agree to abide by and fulfill any settlement reached through negotiation, mediation, or the decision rendered by the arbitrator in arbitration.
By agreeing to these Terms of Service, you consent to resolve any disputes through this process. This dispute resolution process is designed to provide a streamlined method to resolve issues efficiently and equitably before resorting to litigation.
Miscellaneous Provisions
This section of the Terms of Service for AgileHRMS by Apploye Inc. includes various legal provisions and general clauses that are important for the comprehensive understanding and application of these terms.
Severability: If any provision of these Terms of Service is found to be invalid or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Waiver: No waiver by Apploye Inc. of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Apploye Inc. to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Apploye Inc.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Apploye Inc. may freely assign or transfer these Terms without restriction.
Entire Agreement: These Terms of Service constitute the entire agreement between you and Apploye Inc. regarding AgileHRMS and supersede and replace any prior agreements you might have had with Apploye Inc. regarding AgileHRMS.
Amendments: Any amendments or modifications to these Terms of Service will be effective only when posted on AgileHRMS’s website or otherwise communicated to you.
Force Majeure: Apploye Inc. shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, internet service provider failures or delays, denial of service attacks, or shortages of energy.
Contact Information
For any questions, concerns, or clarifications regarding these Terms of Service, or if you need to contact Apploye Inc. for any reason related to AgileHRMS, please reach out to support@agilehrms.com