ActivA-HR Terms of Service
27/08/2026
These Terms of Service ("Terms") govern access to and use of ActivA-HR (the "Service"), provided by PRIORITY ACTIVATOR CONSULTING, a company registered in Kenya with its registered office at Jasmine Center, Westlands ("ActivA-HR", "we", "us"), by the organisation identified on the applicable Order Form or that completes sign-up for the Service ("Client", "you").
These Terms apply to the Client organisation. A Client's own employees who use the Service as Users are covered by our Privacy Policy at activ-hr.com/privacy-policy for how their data is handled, and remain subject to their employer's own policies for anything relating to their employment itself.
1. Definitions
"Order Form" means the sign-up flow, trial approval, or written agreement under which a Client subscribes to the Service. "Personal Data", "Processing", "Data Controller", "Data Processor" and "Data Subject" have the meanings given in the Kenya Data Protection Act, 2019. "Biometric Data" means data described in Section 5 of our Privacy Policy. "Client Data" means all data a Client or its Users submit to, or generate within, the Service, including attendance records, leave records and organisational structure. "Sub-processor" means a third party we engage to process Client Data on our behalf, as listed in our Privacy Policy.
2. The Service
2.1 We will provide the Service in accordance with the plan the Client selects, whether via a self-serve trial or a negotiated Order Form.
2.2 Service Level Commitment: we target high availability but do not currently offer a contractual uptime guarantee or service credits. We will use reasonable commercial efforts to keep the Service available and to give advance notice of planned maintenance where practical. A formal SLA is available on request for Client organisations on a negotiated plan.
2.3 We may modify or update the Service's features at any time. We will give reasonable notice of any change that materially reduces core functionality the Client relies on.
2.4 Support: support requests can be raised at hello@activ-hr.com. We aim to acknowledge support requests within two business days; this is a target, not a guaranteed response time, unless a different commitment is set out in a Client's Order Form.
3. Data Protection and Processing Roles
3.1 For the personal data of a Client's own employees processed through the Service — attendance, leave, and organisational-structure data — ActivA-HR acts as a Data Processor, and the Client acts as the Data Controller. The Client is responsible for having a lawful basis to collect and share its employees' data with us, and for meeting its own obligations to those employees under the Act.
3.2 For data the Client provides about itself and its account — organisation name, administrator details, billing information — ActivA-HR acts as a Data Controller in its own right.
3.3 We will process Client Data only on the Client's documented instructions (which includes the Client's own configuration of the Service), implement the security measures described in our Privacy Policy, and engage Sub-processors only as disclosed there.
3.4 Full detail on data categories, lawful basis, retention and data subject rights is set out in our Privacy Policy at activ-hr.com/privacy-policy, which is incorporated into these Terms by reference.
4. Client Obligations
4.1 The Client is responsible for the accuracy of data it or its administrators enter into the Service, including employee names, roles, site locations and geofence configuration — an incorrect geofence, for example, will cause legitimate clock-ins to be rejected.
4.2 The Client will use the Service only for lawful workforce-management purposes and in compliance with applicable employment and data protection law in the jurisdictions where its employees are based.
4.3 The Client is responsible for the confidentiality of its administrators' login credentials and for promptly notifying us of any suspected unauthorised access to its account.
5. Acceptable Use
The Client and its Users will not: use the Service to store or process data unrelated to legitimate workforce management; attempt to circumvent geofence, rate-limiting or authentication controls; access another organisation's data or attempt to probe for it; reverse engineer, scrape, or resell access to the Service without our written consent; upload malicious code or attempt to disrupt the Service's availability for other Clients; or use the Service in a way that breaches applicable law, including employment and data protection law.
6. Fees and Payment
6.1 Fees are as set out on our pricing page or in the Client's Order Form, and are billed per the plan and billing cycle selected at sign-up or agreed in writing.
6.2 New organisations may begin on a free trial. At the end of the trial period, continued access requires moving to a paid plan; an organisation that does not do so may have its account suspended, as described in our pricing terms and reflected in the Service itself.
6.3 Fees are payable in advance for the billing period unless otherwise agreed. Overdue accounts may be suspended until payment is received, without prejudice to any other remedy.
6.4 All fees are exclusive of applicable taxes unless stated otherwise.
7. Term and Termination
7.1 These Terms apply for as long as the Client maintains an account with the Service.
7.2 The Client may terminate at any time by ceasing use of the Service and, where applicable, cancelling its subscription through the account settings or by contacting us.
7.3 We may suspend or terminate an account for material breach of these Terms, including non-payment or a violation of Section 5, and will give notice where reasonably practical before doing so except where immediate suspension is necessary to protect the Service or other Clients.
7.4 On termination, the Client may request export of its Client Data within a reasonable period, after which it will be deleted in accordance with our Privacy Policy's retention terms.
8. Warranties and Disclaimers
8.1 We warrant that we will provide the Service with reasonable skill and care.
8.2 Except as expressly stated in these Terms, the Service is provided "as is" and we disclaim all other warranties, express or implied, to the maximum extent permitted by Kenyan law, including any implied warranty of fitness for a particular purpose.
8.3 We do not warrant that the Service will be uninterrupted or error-free, or that GPS-based location verification will be accurate in every circumstance — device GPS accuracy varies, and the Client should account for this when relying on attendance records for disciplinary or payroll decisions.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, neither party's liability under these Terms for indirect, incidental, or consequential loss will exceed the fees paid by the Client for the Service in the twelve months preceding the claim.
9.2 Nothing in these Terms limits either party's liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be limited or excluded under Kenyan law.
10. Indemnification
10.1 The Client will indemnify us against claims, losses and reasonable costs arising from the Client's misuse of the Service, its breach of Section 4 or 5, or its failure to have a lawful basis for the employee data it submits to the Service.
10.2 We will indemnify the Client against claims that the Service, as provided by us and used in accordance with these Terms, infringes a third party's intellectual property rights.
11. Confidentiality
Each party will keep the other's confidential information confidential and use it only to perform its obligations under these Terms, except where disclosure is required by law or by a regulator such as the ODPC. Client Data is confidential information of the Client. This obligation survives termination of these Terms.
12. General
12.1 Governing law: these Terms are governed by the laws of the Republic of Kenya.
12.2 Dispute resolution: the parties will first attempt to resolve any dispute through good-faith negotiation. Unresolved disputes are subject to the exclusive jurisdiction of the courts of Kenya, without prejudice to either party's right to raise a complaint with the ODPC on a data protection matter.
12.3 Assignment: the Client may not assign these Terms without our prior written consent, not to be unreasonably withheld. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets, provided the assignee assumes our obligations under these Terms.
12.4 Force majeure: neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including outages of third-party infrastructure providers we depend on to deliver the Service.
12.5 Amendments: we may update these Terms from time to time. Material changes will be reflected by an updated effective date at the top of this page, and, for Clients on a negotiated Order Form, notified directly.