Terms of Service

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.

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]