These Terms of Service ("Terms") govern your access to and use of the https://employapi.com website and the EmployAPI HR data service (the "Service") provided by EmployAPI ("we," "us," or "our").

1. Acceptance of Terms

By registering for, accessing, or using the Service, you agree to be bound by these Terms. You represent that you have the authority to enter into these Terms on behalf of yourself or your company.

2. Definitions

"Client," "You," "Your" refers to the company or organization that has registered for an account.
"Client Data" means any data, including highly sensitive personal data of your employees, job applicants, contractors, and suppliers, that you submit to the Service. This includes, but is not limited to, government identifiers (IRD, SSN), bank details, performance reviews, and health information.
"API" means the application programming interface provided by EmployAPI.

3. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Use of the Service

A. License:

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your internal business purposes, in accordance with these Terms and our documentation.

B. API Use:

Your use of the API is subject to these Terms and any specific API guidelines we provide. You agree not to misuse the API, including by excessively calling the API or using it for any unlawful purpose.

C. Restrictions:

You agree not to: (a) reverse engineer or decompile the Service; (b) use the Service to store or transmit malicious code; (c) interfere with the integrity or performance of the Service; or (d) attempt to gain unauthorized access to the Service or its related systems.

5. Client Data & Data Processing

A. Your Responsibility as Data Controller:

You retain all rights to your Client Data. You are solely responsible for the legality, reliability, and appropriateness of all Client Data you submit to the Service. You represent and warrant that you have all necessary rights, consents, and legal bases (in compliance with the Privacy Act 1988 (Australia) and Privacy Act 2020 (New Zealand)) to provide Client Data to us for processing.

B. Our Role as Data Processor:

We will process Client Data only as a "Data Processor" on your documented instructions as set forth in these Terms. We will not use, modify, or disclose Client Data for any purpose other than providing the Service.

C. Security:

We will implement and maintain appropriate technical and organizational measures to protect Client Data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

D. Confidentiality:

We will ensure that any personnel authorized to process Client Data are subject to a duty of confidentiality.

6. Intellectual Property

We own all right, title, and interest in and to the Service, including all underlying software, technology, and intellectual property rights. Your rights to use the Service are limited to those expressly granted in these Terms.

7. Fees and Payment

Fees for the Service are as set forth on our pricing page. All fees are non-refundable. Late payments may be subject to interest charges as specified in our billing terms. We reserve the right to modify our pricing with reasonable notice.

8. Term and Termination

These Terms will remain in effect until terminated. You may terminate your account at any time. We may suspend or terminate your access to the Service immediately for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

Data Retention After Termination

We will permanently delete or anonymize your Client Data within 30 days of termination, unless otherwise required by law to retain it.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMPLOYAPI, ITS DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM GIVING RISE TO LIABILITY.

11. Indemnification

You agree to indemnify and hold harmless EmployAPI from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any rights of a third party, including, without limitation, any data protection rights of your employees, applicants, or contractors.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New Zealand. Any disputes shall be subject to the exclusive jurisdiction of the courts of Auckland, New Zealand.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes via the Service or by email. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of them.

14. Contact Information

Questions about these Terms should be sent to us at:

Legal Inquiries

legal@employapi.com

Legal matters and terms of service

Company Address

123 Business Street
Auckland, Auckland 1010
New Zealand

Terms of Service