Last Updated On: Jun 21, 2022
ZenyoHR welcomes you, by using our services or accessing our information you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference collectively as Agreement.
By registering a ZenyoHR Account or accessing and using any ZenyoHR Services. You agree to be bound by the following terms and conditions (the "Terms of Service").
Make sure to check for changes regularly. This can be viewed at https://payroll.zenyohr.com/terms_of_services
This Agreement applies to all users of the Service, including any employee of yours who accesses the services on your behalf. If you are signing up for the services on behalf of an entity, you represent that you are duly authorized to represent such entity and accept the terms of this agreement on behalf of such entity and its employees, consultants, and agents.
This Agreement is a legal contract between you and ZenyoHR. By registering or creating an account or using the Service, you agree that you have read and understood this Agreement and will be bound by all of its terms.
By your use of the Service, you agree to and are bound by this Agreement. If you do not agree with this Agreement, you should discontinue using the Service immediately.
To access or utilize the Services, you must first create a user account by supplying all essential information. If you work for a company and want to use the Services for internal purposes, we recommend that you and all other employees sign up for user accounts by giving your company's contact information. We recommend that you use your company's email address in particular. You promise to: (i) give true, accurate, current, and complete information about yourself as prompted by the registration process; and (ii) maintain and promptly update the information supplied at the registration to keep the information genuine, precise, and updated, and comprehensive. If you give any information that is false, incorrect, outdated, or incomplete, or if ZenyoHR receives any information that is untrue, inaccurate, outdated, or incomplete, ZenyoHR may cancel your user account and reject the current or future use of any or all of the services if ZenyoHR has reasonable grounds to think that such information is incorrect, inaccurate, outdated, or incomplete.
This Agreement will remain effective until any subscriptions issued according to this Agreement have expired or unless you or ZenyoHR terminates it.
This Agreement will terminate at the conclusion of the free trial time if you choose to use the Service for a free trial period and do not purchase a subscription before the end of that period. You are entirely responsible for canceling your account properly. You can cancel your account at any time by sending an email with invoices at support@zenyohr.com.
In the event of a material breach that is not cured within 30 days of written notice by the non-breaching party, either party may terminate this Agreement (except in the case of your nonpayment (including in the event your credit card cannot be charged), in which case ZenyoHR may suspend or terminate your access to the Service). For all subscriptions, ZenyoHR will return any prepaid payments for any portion of the term remaining after the date of cancellation. However, there will be no reimbursement for the current month.
ZenyoHR may, in its sole and absolute discretion, downgrade, terminate, or suspend your access to the Service or any part of it, without prior notice and without liability i) if ZenyoHR's good faith belief that you have violated any provision of this agreement (including failure to pay before or any dues) ii) if you do not log in to or otherwise use the Service completing th initial free 30 day trial your assigned users are revoked of their access to Zenyo. Should the admin continue with any of Zenyo's plans they can keep using their services without any obstructions.
In the event of any suspected criminal behavior, lengthy periods of inactivity, or demands from law enforcement or other government agencies, we may suspend your user account or temporarily block access to all or part of any Service. User accounts that have been suspended or disabled should be informed to support@zenyohr.com within thirty days of being notified of the suspension. After thirty days, we may cancel a suspended or deactivated user account. On your request, we will also terminate your user account.
We may terminate or suspend your access to the Service without prior notice for any reason, including for a prolonged period of inactivity. If we suspend your access to the Service, you will not be charged on a recurring basis for such suspended services; however, you may be charged for any Services purchased prior to the suspension or termination.
If you are paying by cheque or wire transfer, your account will be upgraded from free to paid status immediately after transfer confirmation with Zenyo. If you have a recurring ZenyoHR cheque, ZenyoHR will send you an email reminding you about the next cheque and will verify that your bank account is still valid, otherwise, your account will be downgraded or disable as such.
The Service, and any features available as part of the Service (the "Service Offering"), may be made available in various versions, at various levels, and in various geographies. Not all versions, levels, and geographies may be available at all times. As a result, you understand and agree that your access to the Service Offering is limited by the subscription you have selected. ZenyoHR reserves the right to modify, add or remove portions and/or functionality of the Service Offering at any time by making such modified Service Offering available to you. The revised Service Offering will be effective immediately upon being made available to you unless otherwise indicated by ZenyoHR.
Furthermore, we reserve the right to suspend or terminate your user account and deny access to the services if we have reasonable grounds to believe you have violated the Agreement, as well as to suspend or terminate your access to any Beta Service in the event of unexpected technical issues or the Beta Service's discontinuation. If ZenyoHR fails to meet its commitments under this Agreement, you have the right to cancel your user account and get a prorated refund of any prepaid costs. Denial of access to the Services, deletion of information in your user accounts such as your email address and password, and deletion of all data in your user account are all part of the termination of your user account.
ZenyoHR reserves the right to change the Service, this Agreement, and/or any Additional Terms at any time. If a change is made to our website, we will post all changes on this page. Please check the website regularly for updates to this Agreement.
Modifications to this Agreement are effective immediately upon being made available to you. A notification message will be sent to the email address provided by you. Continual use of the Service, implicit acceptance of all such modifications. In the case that it is a material modification, you will be required to affirmatively agree to such a modified Agreement.
Zenyo's Service includes access to some features and functionality that is available on a free basis, as well as access to additional features and functionality that requires you to pay a fee. The current list of features and functionality of the free version, along with information about upgrading to the premium version, can be found at https://payroll.zenyohr.com/terms_of_services
As you use our API to interact with ZenyoHR, you must employ efficient programming to avoid making too many queries in a short period of time, as assessed by ZenyoHR. ZenyoHR maintains the right to limit API access, as well as suspend or terminate your account.
ZenyoHR offers you a limited, non-transferable, non sublicensable, non-exclusive license to access and use the hosted software products and related documentation contained in the service, as well as all changes and/or upgrades to any of the above ("Software"), through a web browser or other device owned or controlled by you for your internal business use during the Term. ZenyoHR is not obligated to provide or make accessible any copies of computer programs or code from the Software to you, whether in object code or source code form, under any circumstances. You undertake to only use the service in accordance with all applicable local, state, national, and international laws, rules, and regulations (collectively, "Applicable Law"). You will not consent to, approve, encourage, or permit the following:
Use the service to post, transmit, or otherwise disseminate anything that is illegal, defamatory, harassing, abusive, fraudulent, obscene, threatening, abusive, hateful, includes viruses, or is otherwise objectionable to ZenyoHR in its sole discretion;
Make any fraudulent or unauthorized use of the service;
Any attempt to read, decompile, remove, change, or reverse engineer the program is prohibited.
Without ZenyoHR's express written consent, duplicate, make derivative works of, reproduce, or exploit any portion of the Service;
Monitor or copy any material from the Service using any robot, spider, other automated devices, or manual method; or Removal or alteration of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends, or other notices or markings that are on or in the Software or displayed in connection with the service, or use the Software for developing a competitive solution (or contract with a third party to do so).
You acknowledge that the contents of your communications over the Services are completely your responsibility. You agree not to use the Services for illegal purposes or to transmit material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another's privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, pedophilic, harmful to children, obscene, racially or ethnically objectionable, or otherwise objectionable, offends religious sentiments, promotes racism, did contain viruses or malicious code, or otherwise objectionable. You agree not to use the Services to send "junk mail," "spam," "chain letters," "phishing," or other unsolicited mass email distribution. If there are legitimate grounds, we retain the right to discontinue your access to the Services.
Your service membership will automatically renew for the same term as when you first paid for it (e.g., month-to-month, annual, etc.). You may alter the length of your membership at any time by contacting us via one of the ways listed in the Contact Information section below. Monthly subscriptions will be paid once a month, and yearly subscriptions will be charged once a year (on the anniversary of your subscription date). When your card is charged, ZenyoHR will send you an email receipt. Your access to the services may be interrupted if your card cannot be charged, and you will need to change your card details to restart use. For partial months of service, upgrade/downgrade accounts, there will be no returns or credits.
A minimum of a one-year subscription is required to sign up for the yearly membership. Should the prices be revised, the differences will be deducted in the following plans for the monthly plans and will be included during the following payment for the active months during the revised period.
All fees are exclusive of all duties and taxes levied by the governing authorities. You as an individual or an entity of an organization or as an organization are solely liable for all such taxes and duties.
ZenyoHR owns and retains all rights, title, and interest in and to (a) the software and the service, including all intellectual property rights, and (b) transactional and performance data relating to your use of the service, as between the parties. ZenyoHR may collect, utilize, and disclose all transactional and performance data for its business objectives (including software use optimization and product marketing), as long as such use does not expose your name, private information, or personally identifiable information.
ZenyoHR represents, warrants and covenants that a) ZenyoHR has all reserved rights required to grant you the rights set forth in the Agreement; b) ZenyoHR uses commercially acceptable and reasonable standard measures and screens for time bombs, viruses, technically limiting devices, and or technically limiting code c) the platform and services will perform substantially in accordance with the technical requirements that are provided along with the Agreement. d) Any and all services provided by ZenyoHR for you will be treated as work-like and will be performed by professionals with the degree of skill and care that requires acceptable professional procedures and practices.
Except for the limited warranty set forth above, ZenyoHR hereby disclaims all other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose, with respect to the software, documentation, deliverables, and other materials and/or services to the maximum extent permitted by applicable law. ZenyoHR does not guarantee that the service will be error-free or available at all times.
Except for each party's violation of its indemnification duties hereunder or either party's gross negligence or willful misconduct, (a) neither party will be responsible for any indirect, consequential, special, punitive, or exemplary damages arising out of this agreement, and (b) each party's aggregate liability to the other with respect to this agreement is limited, to the extent permissible by applicable law, to the fees received by ZenyoHR from the other party.
External Breach: In case of a security breach caused by someone other than your employee, contractor, or agent, ZenyoHR will: (a) Take industry-standard corrective procedures; and (b) notify you about the security incident, its kind and breadth, the nature and scope of remedial activities ZenyoHR will take, and the timescale within which ZenyoHR intends to rectify the breach.
Internal Breach: If your employee, contractor, or agent commits a security incident, you are solely responsible for implementing corrective activities and must promptly tell ZenyoHR of the breach and the steps you will take to repair it.
In case of any grievance, the term as defined under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, you can contact by sending an email to support@zenyohr.com
If we receive a complaint about your activity while using the Services (other than when the grievance redressal procedure is described under the heading "Grievance Redressal''), we shall transmit the complaint to your user account's main email address. Within 10 days of receiving the complaint, you must respond to the complainant personally and include ZenyoHR in the letter. If you do not react to the complainant within 10 days of receiving our email, we may give the complainant your name and contact information so that they can pursue legal action against you. You are aware that your failure to react to the sent complaint within 10 days will result in a fine.
You are under no obligation to provide ZenyoHR with any ideas, enhancement requests, recommendations, comments, or other feedback pertaining to the Service (collectively referred to as "Feedback"). ZenyoHR may use any Feedback received from you to enhance the services or for any other reason*. As a result, if you provide feedback, you agree that ZenyoHR will own all such feedback and therein data, with ZenyoHR and its affiliates, licensees, clients, partners, third-party providers, and other authorized entities will be free to use, reproduce, license, distribute, and otherwise commercialize the feedback in the Service or other related technologies, and you hereby assign all such feedback to ZenyoHR irrevocably, exclusively, and royalty-free.
You agree to indemnify, defend, and hold ZenyoHR, its affiliates, officers, agents, and employees harmless from and against any costs, damages, expenses (including reasonable attorneys' fees), judgments, losses, and other liabilities (including amounts paid in a settlement as "Liabilities") incurred as a result of any third-party action, claim, demand, proceeding, or suit ("Claim") arising from or connected with your use of the Platform and/or Service in breach of the Agreement.
The parties shall cooperate at all reasonable times and to the fullest extent in the defense of a claim seeking indemnification under Article 9. The parties shall give the other party sole control of such defense, and the right to settle such claim on its own terms, subject only to the approval of counsel for the indemnified party (or such other person as may be designated by the indemnified party) for any proposed settlement which would make an admission or impose any obligation.
ZenyoHR, the ZenyoHR logo, and the names and logos of individual Services are trademarks of Zenyo. Without ZenyoHR's prior authorization, you undertake not to display or utilize the ZenyoHR trademarks in any way.
YOU AGREE THAT ZENYOHR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER, INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, BUSINESS INFORMATION LOSS, OR OTHER LOSS RESULTING FROM OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE.
Any dispute or claim arising out of or connected to the Terms will be resolved and adjudicated solely by the courts of Chennai, in accordance with Indian law, without deference to conflict of legal principles.
If you have any questions or concerns regarding this Agreement, please contact us at contact@zenyohr.com