Terms of service

1. About these terms

These terms are an agreement between ESOFT Technologies (Pvt) Ltd ("ESOFT", "we", "us") and the organisation that signs up for ET Cloud HR (the "Customer"). They also apply to everyone who uses the Service through a Customer's account, such as HR staff, managers, employees and job applicants ("Users").

By creating an account, signing an order form or using the Service, you agree to these terms. If you accept them for an organisation, you confirm you have the authority to bind it. If a signed order form says something different from these terms, the order form wins.

2. The Service

ET Cloud HR is cloud software for hiring, onboarding, employee records, attendance, leave, overtime, payroll and reviews, available on the web and as mobile apps for iOS and Android (the "Service"). The features available depend on the Customer's plan.

We keep improving the Service, so features may change. We will not make a change that substantially reduces the core features of a paid plan during the period a Customer has paid for.

3. Accounts and sign-in

• The Customer chooses who gets access and what each person can see, and is responsible for what happens in its account.
• Keep your password private, and use sign-in with Google only on an account you control. Tell us straight away at hello@et.lk if you think someone has used your account without permission.
• Account details must be accurate and kept up to date.
• Employee accounts created by a Customer belong to that Customer. If you leave the organisation, it may close your account.

4. Acceptable use

You agree not to:

• break any law, including employment, data protection and anti-discrimination laws, or anyone else's rights
• upload personal data you have no right to process, or anything harmful, such as malware
• try to get into accounts, systems or data you are not allowed to access, or test our security without written permission
• disrupt, overload or reverse engineer the Service, or copy it to build a competing product
• resell, sublicense or share the Service outside the Customer's organisation without our written permission
• use AI results as the only basis for a decision about hiring, pay, discipline or dismissal without a person reviewing it

5. Customer data and privacy

• The Customer owns all data it and its Users put into the Service ("Customer Data"). We use Customer Data only to provide, secure and support the Service, and as the Customer instructs.
• For Customer Data we act as the Customer's data processor. The Customer is the controller, and is responsible for having a lawful basis for the data, and for telling its employees and applicants how it is used.
• Our privacy policy explains how we handle personal data. A data processing agreement is available on request.
• We may use aggregated, de-identified information that does not identify any person or Customer to run and improve the Service.

6. AI features

AI features, such as ranking applications, reading documents, flagging unusual payroll numbers or drafting review summaries, are there to help people work faster. They can be wrong. The Customer can turn them on or off for each task, and is responsible for checking AI output and for every decision it makes using the Service.

7. Payroll, tax and compliance

The Service works out pay, EPF, ETF, APIT and other figures from the salaries, rates, attendance and settings the Customer enters. We work to keep statutory rates up to date, but:

• the Customer must review and approve every pay run before paying it, and is responsible for paying employees and filing returns correctly and on time
• figures are only as accurate as the data and settings entered
• the Service does not give legal, tax or accounting advice; the Customer should get professional advice where needed

If you find a calculation error caused by the Service, tell us and we will fix it as a priority.

8. Mobile apps

We grant you a personal, non-transferable licence to use the ET Cloud HR mobile apps on devices you own or control, for as long as you have an account. If you download an app from the Apple App Store or Google Play, that store's own terms also apply.

For apps from the Apple App Store:

• these terms are between you and ESOFT, not Apple, and ESOFT, not Apple, is responsible for the app and its content
• Apple has no obligation to provide maintenance or support for the app
• if the app fails to meet a warranty that applies by law, you may tell Apple and Apple will refund the purchase price, if any; Apple has no other warranty obligation for the app
• ESOFT, not Apple, is responsible for any claims about the app, including product liability, legal or regulatory claims, and claims that the app infringes someone's intellectual property
• you confirm you are not in a country under a US government embargo and not on a US list of prohibited or restricted parties
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you

9. Fees and payment

• Fees are charged per employee, per month, for the number of employees in the account. They are billed in advance, monthly, quarterly, every six months or yearly, in Sri Lankan rupees unless the order form says otherwise. Prices exclude VAT, SSCL and other taxes, which the Customer pays.
• Invoices are due within 14 days. If a payment is more than 30 days late, we may suspend the account after giving notice, until it is paid.
• You can try the Service without a card. A trial ends at the end of its period unless the Customer chooses a paid plan.
• We may change prices with at least 30 days' notice. New prices apply from the next billing period.
• Fees already paid are not refundable, except where these terms or the law say otherwise.

10. Other services

The Service can connect to other services, such as Google sign-in, Google Calendar, banks, accounting software and job boards. Those services are provided by others under their own terms, and we are not responsible for them. If a Customer turns on an integration, it allows us to exchange the data that integration needs.

11. Our intellectual property

ESOFT owns the Service, including its software, designs, text and trademarks. These terms give you the right to use the Service, not ownership of it. If you send us ideas or feedback, we may use them without any obligation to you.

12. Confidentiality

Each of us will keep the other's confidential information private, use it only for this agreement, and share it only with people who need it and are bound to keep it confidential. This does not apply to information that is public, already known, independently developed, or that the law requires us to disclose.

13. Availability and support

We aim to keep the Service available at all times, apart from planned maintenance, which we schedule outside Sri Lankan working hours where we can and announce in advance. Support is available by email at hello@et.lk and by phone during business hours.

14. Suspension and ending the agreement

• The Customer can cancel at any time from its account settings or by emailing us. Cancellation takes effect at the end of the current billing period.
• We may suspend access straight away if it is needed to protect the Service, other customers or the law, and we will tell the Customer why.
• Either of us can end the agreement if the other seriously breaks these terms and does not fix it within 30 days of being told.
• After the agreement ends, the Customer has 30 days to export its data. We then delete Customer Data as our privacy policy explains.

15. Warranties and disclaimers

We will provide the Service with reasonable skill and care. Apart from that, and as far as the law allows, the Service is provided "as is", and we do not promise it will be uninterrupted, error-free or suitable for every purpose.

16. Limitation of liability

As far as the law allows:

• neither of us is liable for indirect or consequential loss, or for lost profits, revenue, data or goodwill
• each party's total liability under this agreement is limited to the fees the Customer paid for the Service in the 12 months before the event that caused the claim

These limits do not apply to the Customer's obligation to pay fees, to breaches of confidentiality, or to liability that cannot be limited by law.

17. Indemnity

The Customer will defend and compensate ESOFT against claims from third parties, including its employees and job applicants, arising from Customer Data, from the Customer's employment decisions, or from use of the Service that breaks these terms or the law.

18. Changes to these terms

We may update these terms. We will change the date at the top of this page and, for significant changes, tell Customers by email or in the Service at least 30 days before they take effect. If a Customer does not accept a change, it may cancel before the change applies.

19. Governing law

These terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka. We will try to settle any dispute by talking first. If we cannot, the courts of Colombo, Sri Lanka, will have exclusive jurisdiction.

20. General

• Neither of us is responsible for delays caused by events beyond our reasonable control.
• The Customer may not transfer this agreement without our written consent. We may transfer it as part of a merger, acquisition or sale of our business.
• If part of these terms cannot be enforced, the rest still applies.
• These terms, any order form and our privacy policy are the whole agreement between us about the Service.
• Notices to us go to hello@et.lk. Notices to the Customer go to the email address on its account.

21. Contact us

• Email: hello@et.lk
• Phone: +94 77 378 5299
• Post: ESOFT Technologies (Pvt) Ltd, registered address, Sri Lanka