Terms of service

The agreement

This page, the privacy policy, and the plan you select at sign-up or from your subscription page together make up the whole agreement between us. Anything a salesperson, a support reply or a marketing page says that contradicts them does not change them.

If your organisation has signed a separate written contract with us, that contract wins wherever the two disagree.

What the service is

AeroHRM is a hosted attendance and human-resources system. Depending on the plan and add-ons you hold, it can record attendance, collect punches from attendance terminals, manage shifts and rosters, track leave and holidays, calculate payroll and advances, produce reports and payslips, and give your staff a self-service view of their own records.

We provide it as software over the internet. You do not receive a copy of the software, and no licence to it is granted beyond the right to use the service while your subscription is live.

Accounts and administrators

The person who signs up becomes the first administrator of your company account. Administrators can create further users, set roles and permissions, register devices and see the whole of your company's data. You choose who holds that access.

• You are responsible for everything done under your account, including by your users.
• Keep credentials confidential. Do not share a single login between people — create a user for each person so the audit trail means something.
• Tell us promptly if you believe an account has been compromised.
• The information you give us — company name, address, country, contact email — must be accurate and kept up to date. We use it to invoice you and to reach you about the service.

The trial

New companies are offered a short trial, charged at a fraction of the plan's monthly price and paid before the account opens. The price and the length are shown on the pricing page and again on the sign-up form before you pay; at the time of writing the trial runs for 7 days and costs 20% of the plan's monthly price. During it you get the features of the plan you picked, with the limits shown on that plan.

The trial charge buys the trial period only. It is not a month's subscription and does not renew into one by itself: when the trial ends the account stops until you choose a plan and pay for it. We may change the price or the length of a trial, or withdraw it, for future sign-ups at any time; a trial already paid for is not shortened or re-priced by such a change.

When the trial ends, the account stays closed to normal use until a subscription is activated. Your data is not deleted at that moment — see closing an account for what happens to it over time.

Plans, billing and tax

Each plan is priced in one currency and carries its own limits — how many employees, users, devices or branches it covers — and its own set of features. Add-ons extend a plan and are billed alongside it.

• Currency. Your invoice, and the payment methods offered to you, follow the currency the plan is priced in. We cannot invoice a plan in a currency it is not priced in.
• When you pay. Subscriptions are paid in advance for the period they cover. The first payment is due when the account is activated.
• Payment methods. Payment is taken through the gateways available for your currency and country. We do not store your full card details — the gateway handles them.
• Failed payment. If a payment does not go through, we may retry it and will tell you. An invoice that stays unpaid past its due date can lead to suspension under section 11.
• Tax. Prices are shown excluding tax unless stated otherwise. Any VAT, sales tax, or withholding required where you are is your responsibility and is added to, or deducted from, the invoice as the law requires.
• Price changes. We may change our prices. A change never applies to a period you have already paid for, and we will give you at least 30 days' notice before it affects a renewal.

Renewal, cancellation and refunds

Subscriptions renew for the same period unless cancelled before the renewal date. You can cancel from your subscription page or by writing to us.

• Cancelling stops the next renewal. It does not end the period you have already paid for — the service runs to the end of it.
• We do not refund part-used periods, except where the law where you are requires it or where we have clearly failed to provide the service.
• If we end this agreement for a reason that is not your fault, we refund the unused part of what you have paid.

Your data and your staff

The records you put into the service — your employees, their attendance, leave, salaries and documents — stay yours. We do not sell them, and we do not use them to build products for anyone else.

For that data your company is the controller and we are the processor: you decide what is collected and why, and we handle it on your instructions to run the service. That makes some things your responsibility, not ours:

• Telling your staff that their attendance — including, where you use biometric terminals, data derived from a fingerprint or face — is being recorded, and on what basis.
• Getting whatever consent or notice the law where you operate requires before enrolling anyone.
• Answering your employees when they ask to see, correct or delete their records. You have the tools to do that inside the product; if you need our help, ask.
• Keeping the data accurate, and removing people who have left when your own retention rules say so.

What we do with the data on our side, who else touches it, and how long we hold it is set out in the privacy policy, which forms part of these terms.

You can export your data from the product while your account is active. We also keep our own backups, from which we can restore the service after a failure — those are for recovery, not for retrieving a record you deleted on purpose.

Acceptable use

You agree not to use the service to:

• Break the law, or hold data you have no right to hold.
• Upload malware, or anything designed to interfere with the service or another customer's use of it.
• Probe, scan or test the security of the platform without our written permission, or try to reach data belonging to another company.
• Reverse engineer, copy or resell the service, or use it to build a competing product.
• Place unreasonable load on the platform — including automated requests through the API beyond the rate we publish — or use it to send unsolicited messages.
• Register a device or an employee you are not entitled to monitor.

Devices and third parties

Attendance terminals, biometric readers and similar hardware are not ours unless we have sold them to you under a separate agreement. The service is built to accept punches from terminals that can reach it, and we support specific models, but the hardware itself, its network, its firmware and its physical security are yours to manage.

Parts of the service depend on third parties — payment gateways, email and messaging providers, hosting and location lookup. We choose them carefully and hold them to confidentiality, but we are not responsible for an outage inside a provider you or we depend on beyond restoring the service on our side.

Availability and support

We aim to keep the service available around the clock and work to restore it quickly when it is not. Planned maintenance is announced in advance where we reasonably can, and we try to place it outside normal working hours.

Support is included with every paid plan and reaches us at the address in section 18. Unless a separate contract says otherwise, we do not commit to a fixed uptime percentage or response time.

Suspension and closing an account

We may suspend an account, in whole or in part, when:

• An invoice is unpaid past its due date.
• Use of the account breaks section 8, or threatens the security or stability of the platform or another customer.
• We are required to by law.

We tell you before suspending where we can, and where the reason is a security emergency we tell you as soon as we safely can afterwards. A suspension for non-payment is lifted when the invoice is settled.

Either of us may end this agreement: you by cancelling, us by giving you at least 30 days' notice, or either of us immediately if the other commits a serious breach and does not put it right within 14 days of being asked.

After an account closes, your data stays available for export for 30 days. After that we delete it from the live system, and it works its way out of our backups on the cycle described in the privacy policy. Ask us in writing during those 30 days if you need a final copy.

Ownership of the software

The platform — its code, design, name and documentation — belongs to us and stays ours. Your subscription is a right to use it, not a transfer of anything in it. Feedback you send us we may use to improve the product without owing you anything for it, and without it giving us any claim over your data.

Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care. Beyond that, and to the fullest extent the law allows, the service is provided as it is: we do not warrant that it will be uninterrupted or error-free, or that it will meet a requirement you have not told us about.

In particular, the service assists with attendance and payroll — it does not replace your own checks. Figures it produces depend on the shifts, rules, rates and punches you configure. Verify them before you pay anyone or file anything with an authority.

Nothing here excludes a liability that cannot lawfully be excluded.

Limitation of liability

Neither of us is liable to the other for indirect or consequential loss, or for lost profit, lost revenue, lost goodwill or lost or corrupted data, however it arises.

Our total liability to you for all claims in any twelve-month period is limited to the amount you paid us for the service in the twelve months before the event giving rise to the claim.

These limits do not apply to your obligation to pay what you owe, to either party's liability for death or personal injury caused by negligence, or to fraud.

Indemnity

You will cover us against claims, losses and reasonable legal costs arising from data you put into the service that you had no right to hold, from your use of the service in breach of section 8, or from a claim by one of your staff that you failed to give the notice or obtain the consent required under section 7.

Changes to the service and these terms

The product changes: features are added, and occasionally one is retired. We will not remove a material feature of a plan you are paying for without at least 30 days' notice, and if such a change genuinely does not work for you, you may cancel and we will refund the unused part of the period.

We may update these terms. The date at the top of this page shows when they last changed. For a change that materially affects your rights we will give notice by email or in the product before it takes effect; continuing to use the service after that means you accept it. If you do not, cancel before it takes effect.

Governing law and disputes

This agreement is governed by the laws of the People's Republic of Bangladesh, and the courts of Dhaka have exclusive jurisdiction over any dispute arising from it. Nothing in this section takes away a right you have to bring a claim in your own country where the law where you live gives you that right and it cannot be contracted away.

Before going to court, please write to us. Most disagreements are a misunderstanding about an invoice or a setting, and we would rather fix it than argue about it.

How to reach us

Questions about these terms, notices under them, or a dispute you want to raise: