The agreement
These terms are an agreement between EpicKOD (SMC-PVT) Ltd. (“EpicHRM”, “we”) and the company or organisation that creates an EpicHRM account (the “Customer”). The person accepting them confirms they have authority to bind the Customer. If the Customer has signed an order form with us, the order form wins where it conflicts with these terms.
Our Data Processing Agreement and Acceptable Use Policy form part of these terms.
The service
EpicHRM is a hosted HR system: people records, attendance, leave, approvals, payroll, expenses, documents, ID cards and the related web and mobile apps (the “Service”). We may improve or change the Service; we will not remove a core feature from a paid plan during its current term without notice.
AI features. Optional features such as the assistant use machine learning and can produce inaccurate output. They never change data without a user’s confirmation. The Customer is responsible for reviewing output before relying on it, especially for pay, leave and employment decisions.
Accounts and users
- The Customer invites its own users and assigns their roles. It is responsible for what its users do in its account.
- Users must keep their sign-in details and passkey devices secure, and tell us promptly about any unauthorised use.
- Accounts are for the Customer’s internal business use. Reselling or sharing access outside the Customer is not allowed without our written agreement.
Customer data
The Customer owns all data it and its users put into the Service (“Customer Data”). It gives us permission to host, process and display Customer Data only to provide, secure and support the Service, as set out in the Data Processing Agreement.
The Customer is responsible for:
- having a lawful basis, and giving any notices required, to process its employees’ personal data in EpicHRM;
- the accuracy of the data, including salary, tax and payroll figures, and for checking payroll results before paying anyone;
- complying with employment, payroll, tax and data-protection law in the countries where it operates.
EpicHRM is a tool, not legal, tax or payroll advice.
Plans and fees
- The Free plan is free, limited to the employee count and features shown on our pricing page, and offered without any service commitment.
- Paid plans are billed as agreed in the order form or at sign-up. Fees are exclusive of taxes, which the Customer pays.
- If an invoice is unpaid 30 days after its due date, we may suspend the account after giving notice. Customer Data is not deleted because of a suspension.
- We will give at least 30 days’ notice of any price change, which applies from the next renewal.
Our property
We own the Service, its software, design and documentation. The Customer gets a non-exclusive, non-transferable right to use the Service during the subscription. The Customer must not copy, modify, reverse engineer or build a competing product from the Service. Feedback the Customer gives us may be used freely.
Confidentiality
Each party will keep the other’s non-public information confidential, use it only for this agreement, and protect it with at least reasonable care. This does not cover information that is public, already known, independently developed, or that the law requires to be disclosed.
Availability and support
We work to keep the Service available and secure, and back up Customer Data regularly. Planned maintenance is announced in advance where practical. Any service-level commitment applies only if it is written in an order form.
Term, termination and your data
- The agreement runs for as long as the Customer has an account. Either party may end it at the end of the current billing period.
- Either party may end it immediately if the other materially breaches it and does not fix the breach within 30 days of notice.
- We may suspend access immediately to stop a security threat or a serious breach of the Acceptable Use Policy, and will tell the Customer why.
After the agreement ends, the Customer can export its data, or ask us for a full export, for 30 days. We then delete Customer Data, except copies in backups that expire on their normal schedule and records we must keep by law.
Warranties and disclaimers
We will provide the Service with reasonable skill and care. Except as stated in these terms, the Service is provided “as is”, and we disclaim other warranties, including fitness for a particular purpose, to the extent the law allows. Nothing in these terms limits rights that cannot be limited by law.
Limitation of liability
Neither party is liable for indirect or consequential loss, or for loss of profit, revenue or goodwill. Each party’s total liability under this agreement is limited to the fees the Customer paid us in the 12 months before the claim (or, on the Free plan, USD 100). These limits do not apply to a party’s fraud, to death or personal injury caused by negligence, to the Customer’s payment obligations, or to anything else the law does not allow to be limited.
Indemnities
We will defend the Customer against third-party claims that the Service infringes their intellectual property, and pay resulting damages. The Customer will defend us against third-party claims arising from Customer Data or from the Customer’s use of the Service in breach of law or these terms.
Governing law
These terms are governed by the laws of Pakistan. The parties submit to the exclusive jurisdiction of [courts], without affecting mandatory consumer or data-protection rights in a Customer’s own country.
General
- We may update these terms. We will give administrators at least 30 days’ notice of material changes by email; continued use after that is acceptance.
- Neither party is liable for delays caused by events beyond its reasonable control.
- The Customer may not assign the agreement without our consent; we may assign it to a successor of our business.
- Notices to us go to info@epickod.com and Flat 31 Punjab Center, M.B.Din.