1. Definitions
“Customer” means the organization subscribing to Hafinen.
“Authorized Users” means employees, contractors, administrators, recruiters, and other users permitted by Customer.
“Customer Data” means all data submitted to the Services.
Terms of Service
These Terms govern access to and use of Hafinen’s Services.
Effective date: July 1, 2026
2. Eligibility
You must have legal authority to bind your organization.
3. Subscription and Access
Hafinen grants Customer a limited, non-exclusive, non-transferable right to use the Services during the subscription term.
Access is tier-based and subject to plan limits.
4. Free Trial
New customers may access a 14-day free trial.
Unless canceled before the trial expires, billing will begin automatically using the payment method on file.
No refunds apply for failure to cancel before trial expiration.
5. Subscription Fees, Overages, and Refund Policy
Except as explicitly stated herein or required by applicable law, all subscription fees are non-refundable.
No refunds shall be issued for partial months, annual prepayments, downgrades, and unused time.
Base Plan Adjustments
Upgrades:
Upgrades during an active billing cycle will be prorated.
Downgrades:
Downgrades take effect at the end of the current billing cycle.
No prorated refunds or credits apply.
Employee Overages
If Customer exceeds included active employee limits:
Monthly Billing:
Overages are calculated based on peak active employee counts and billed in arrears.
Annual Billing:
Overages are billed monthly in arrears.
Employee Reductions
Headcount reductions generate prorated invoice credits only.
No cash refunds apply.
Discretionary Adjustments
Any refund outside this policy remains solely at Hafinen’s discretion.
Such discretionary adjustments do not create precedent.
6. Customer Responsibilities
Customer warrants it has lawful authority to upload Customer Data, it has provided all required notices, it has obtained all required consents, it complies with labor laws, it complies with privacy laws, and it complies with biometric laws where applicable.
7. Acceptable Use
Customer shall not use Hafinen unlawfully, for discriminatory hiring, for unlawful surveillance, for unlawful workforce profiling, to violate labor laws, to upload malicious code, to abuse APIs, and to scrape the platform.
8. APIs and Webhooks
Use of APIs and webhooks is subject to rate limits, security requirements, revocation rights, and fair usage limits.
Hafinen may suspend API access for abuse.
9. Intellectual Property
Hafinen owns all platform IP.
Customer retains ownership of Customer Data.
Customer grants Hafinen a limited license to process Customer Data solely for providing Services.
Hafinen may use anonymized aggregated data for analytics, benchmarking, product improvements, and AI model improvements.
10. AI-Assisted Features
AI-assisted tools may generate recommendations, summaries, and workflow outputs.
Customer acknowledges AI outputs may be inaccurate, human review remains required, and Hafinen is not liable for decisions based solely on AI outputs.
Use of AI-assisted functionality is additionally governed by Hafinen’s AI Usage Policy.
11. Availability
Services are provided on an “as available” basis.
Hafinen does not guarantee uninterrupted availability unless separately agreed in writing.
Scheduled maintenance may occur.
12. Suspension and Termination
Hafinen may suspend or terminate for breach, for fraud, for non-payment, for legal compliance, for abuse, and for security threats.
13. Data After Termination
Customer may request export of Customer Data.
Data may remain available for up to ninety (90) days after termination.
After that, Hafinen may permanently delete Customer Data.
14. Confidentiality
Each party agrees to protect confidential information.
15. Indemnification
Customer agrees to indemnify Hafinen against claims arising from Customer Data, unlawful data collection, labor disputes, candidate disputes, privacy violations, and biometric compliance failures.
16. Disclaimer of Warranties
Services are provided “as is” and “as available.”
17. Limitation of Liability
To the maximum extent permitted by law:
Hafinen shall not be liable for indirect, incidental, consequential, punitive, or special damages.
Hafinen’s aggregate liability shall not exceed the total fees paid by Customer during the twelve (12) months preceding the event giving rise to the claim.
18. Governing Law and Arbitration
These Terms are governed by the laws of Kenya.
For international customers, disputes shall first be resolved through confidential arbitration in Nairobi, Kenya.
Nothing prevents either party from seeking injunctive relief.
19. Changes
Hafinen may modify these Terms of Service from time to time.
20. Contact
Hafinen Limited 107 Lower Kabete Road Westlands, Nairobi, Kenya Email: [email protected]