Terms of Service

1. About These Terms

1.1 These Terms of Service (“Terms”) govern your access to and use of the KanduHR platform, including any related services, features, and content (collectively, the “Service”), provided by KanduHR Ltd (“we”, “us”, “our”), a company registered in England and Wales.

1.2 Company details:

1.3 By accessing or using the Service, you confirm that you accept these Terms and agree to comply with them. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

1.4 We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

1.5 These Terms are governed by the laws of England and Wales.

2. The Service

2.1 KanduHR is a cloud-based human resources and company intranet platform designed for startups and small-to-medium enterprises (“SMEs”). The Service may include, but is not limited to:

1. Employee record management
2. Leave and absence tracking
3. Company intranet and communications hub
4. Employee onboarding workflows
5. Performance management and check-in tools
6. Reporting and people analytics

2.2 We reserve the right to modify, suspend, or discontinue any part of the Service at any time. Where reasonably practicable, we will give you advance notice of material changes that may affect your use of the Service.

2.3 The Service is provided on an “as available” basis. While we aim for high availability, we do not guarantee that the Service will be uninterrupted or error-free at all times.

3. Account Registration and Security

3.1 To use the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account details up to date.

3.2 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 at legal@kanduhr.com if you become aware of any unauthorised access to your account.

3.3 Each account is for the use of a single organisation. You may invite employees and authorised personnel to access the Service under your account in accordance with your subscription.

3.4 We reserve the right to suspend or terminate any account that we reasonably believe has been compromised or is being used in violation of these Terms.

4. Subscription and Fees

4.1 The Service is offered on a monthly subscription basis. The current pricing is as follows:

4.2 All fees are stated in pounds sterling (£) and are exclusive of VAT unless otherwise stated. VAT will be added where applicable at the prevailing rate.

4.3 Fees are payable in advance on a monthly basis. We will charge the payment method you provide on file on each billing date.

4.4 We may adjust our pricing from time to time. We will give you at least 30 days’ written notice of any price increase. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect.

4.5 If we are unable to collect payment, we may suspend access to the Service until the outstanding amount is settled. We will notify you before any suspension takes effect.

4.6 Employee count is calculated based on the number of active employee records in your account at the time of billing. Deactivated or archived employees are not counted.

5. Free Trial

5.1 We may offer a free trial period at our discretion. During the free trial, you will have access to the full Service at no charge.

5.2 At the end of the free trial, your account will convert to a paid subscription unless you cancel before the trial period expires. We will notify you before your trial ends.

5.3 We reserve the right to modify or discontinue the free trial offer at any time without prior notice.

6. Your Data and Responsibilities

6.1 “Your Data” means any data, information, or material that you or your authorised users upload, submit, or store within the Service, including employee records and personal data.

6.2 You retain all ownership rights in Your Data. By using the Service, you grant us a limited, non-exclusive licence to process, store, and display Your Data solely for the purpose of providing and improving the Service.

6.3 You are solely responsible for the accuracy, legality, and appropriateness of Your Data. You must ensure that your collection and use of personal data through the Service complies with all applicable data protection laws, including the UK General Data Protection Regulation (“UK GDPR”) and the Data Protection Act 2018.

6.4 You acknowledge that you are the data controller in respect of any personal data processed through the Service, and we act as a data processor on your behalf. The terms of our data processing are set out in our Data Processing Agreement, which forms part of these Terms.

6.5 You are responsible for maintaining your own backups of Your Data. While we take reasonable steps to protect data integrity, we are not liable for any loss of Your Data except where caused by our negligence.

7. Acceptable Use

7.1 You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

1. use the Service in any way that breaches any applicable local, national, or international law or regulation;
2. use the Service in any way that is fraudulent or deceptive, or has any fraudulent or deceptive purpose or effect;
3. attempt to gain unauthorised access to the Service, other accounts, or any systems or networks connected to the Service;
4. introduce viruses, trojans, worms, or any other malicious or technologically harmful material;
5. use the Service to store, transmit, or process any data that is unlawful, defamatory, obscene, or otherwise objectionable;
6. reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
7. sublicense, resell, or redistribute the Service to any third party without our prior written consent;
8. use automated systems or software to extract data from the Service (“screen scraping”) except where expressly permitted.

7.2 We reserve the right to suspend or terminate your access to the Service immediately if we reasonably believe you are in breach of this clause.

8. Intellectual Property

8.1 All intellectual property rights in the Service, including but not limited to the software, design, text, graphics, logos, and trademarks, are owned by or licensed to KanduHR Ltd. Nothing in these Terms grants you any rights in the Service other than the limited right to use it in accordance with these Terms.

8.2 You must not copy, reproduce, modify, distribute, or create derivative works based on any part of the Service without our prior written consent.

8.3 We respect the intellectual property rights of others. If you believe that any content on the Service infringes your rights, please contact us at legal@kanduhr.com.

9. Confidentiality

9.1 Each party agrees to keep confidential any information that is identified as confidential or that ought reasonably to be considered confidential (“Confidential Information”).

9.2 This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law, regulation, or court order.

9.3 This confidentiality obligation survives termination of these Terms for a period of two (2) years.

10. Data Protection and Privacy

10.1 We take data protection seriously. Our processing of personal data is governed by our Privacy Policy, available at www.kanduhr.com/privacy, and our Data Processing Agreement.

10.2 We will process personal data in accordance with the UK GDPR, the Data Protection Act 2018, and any successor legislation.

10.3 We implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction, or damage.

10.4 In the event of a personal data breach, we will notify you without undue delay and in any event within 72 hours of becoming aware of the breach, to the extent required by applicable law.

11. Limitation of Liability

11.1 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter for which liability cannot be excluded or limited under applicable law.

11.2 Subject to clause 11.1, our total aggregate liability to you under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by you in the twelve (12) months immediately preceding the event giving rise to the claim.

11.3 Subject to clause 11.1, we shall not be liable for any: (a) indirect or consequential losses; (b) loss of profit, revenue, or anticipated savings; (c) loss of business or business opportunity; (d) loss of goodwill or reputation; or (e) loss of or corruption of data, in each case whether or not foreseeable.

11.4 We do not warrant that the Service will be error-free, secure, or available at all times. We shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control (see clause 15).

12. Indemnification

12.1 You agree to indemnify and hold harmless KanduHR Ltd, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

1. your use of the Service in breach of these Terms;
2. your breach of any applicable law or regulation;
3. any allegation that Your Data infringes the intellectual property rights or other rights of a third party; or
4. any breach of your data protection obligations under clause 6.

13. Term and Termination

13.1 These Terms commence when you create an account and continue until terminated by either party.

13.2 You may terminate your subscription at any time by providing notice through your account settings or by contacting us at legal@kanduhr.com. Termination will take effect at the end of your current billing period.

13.3 We may terminate or suspend your access to the Service immediately by written notice if:

1. you commit a material breach of these Terms and fail to remedy it within 14 days of being notified;
2. you fail to pay any amount due under these Terms within 14 days of the due date;
3. you become insolvent, enter administration, or cease to carry on business; or
4. we are required to do so by law.

13.4 On termination: (a) your right to access the Service will cease immediately; (b) any outstanding fees become immediately due and payable; and (c) we will make Your Data available for export for a period of 30 days, after which we may delete it.

13.5 We will not provide refunds for any unused portion of a billing period, except where termination is due to our material breach.

13.6 Clauses that by their nature should survive termination (including clauses 6, 8, 9, 11, 12, and 16) will continue in full force and effect.

14. Changes to the Service

14.1 We continuously improve the Service and may add, modify, or remove features at any time. We will endeavour to give you reasonable notice of any material changes.

14.2 If a change materially and adversely affects your use of the Service, you may terminate your subscription in accordance with clause 13.2 without penalty.

15. Force Majeure

15.1 Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: acts of God, fire, flood, pandemic, epidemic, strikes, lock-outs, government actions, war, terrorism, power failure, internet or telecommunications failure, or cyberattack.

15.2 The affected party must promptly notify the other party and use reasonable endeavours to mitigate the effect of the force majeure event.

16. General Provisions

16.1 Entire agreement. These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and us in relation to the Service and supersede all prior agreements, understandings, and arrangements.

16.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver. No failure or delay by either party in exercising any right or remedy shall constitute a waiver of that right or remedy.

16.4 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any successor entity or in connection with a merger, acquisition, or sale of assets.

16.5 Third-party rights. These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.

16.6 Notices. Any notice required under these Terms must be in writing and sent to the relevant party’s email address on record (for you) or to legal@kanduhr.com (for us).

17. Governing Law and Dispute Resolution

17.1 These Terms are governed by and construed in accordance with the laws of England and Wales.

17.2 Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17.3 Nothing in this clause shall prevent either party from seeking injunctive or other equitable relief in any court of competent jurisdiction.

18. Contact Us

If you have any questions about these Terms, please contact us: