Agreement to these terms
These Terms of Service ("Terms") govern your access to and use of PeopleFlow AI (the "Service"), operated by benik solutions ("benik", "we", "us"). By subscribing to or using the Service, the organization and its authorised users agree to these Terms.
Accounts and authority
The Service is provided to an organization (the "Customer"). The person who sets up the account confirms they are authorised to act for the organization and to bind it to these Terms. The Customer is responsible for its administrators, staff and other users, for keeping login details secure, and for all activity under its account.
Your data and our role
The Customer owns the data it enters into the Service and is the data controller for its employee records. benik acts as data processor and handles that data only to provide the Service, as described in our Privacy Policy. The Customer is responsible for the accuracy of its data and for having the right to provide it, including any required consents, in particular for optional face/biometric features.
Plans, billing and free trial
PeopleFlow AI is offered on the Starter, Growth, Business and Enterprise plans described on our website, billed per quarter (every three months) in Nigerian naira. New organizations may start with a free trial; at the end of the trial a paid plan is required to continue using paid features.
Payments are processed by our payment provider (Paystack) and are subject to its terms. Fees are due in advance each quarter and, except where required by law or expressly stated, are non-refundable.
Renewal, non-payment and suspension
Subscriptions continue each quarter until cancelled. If fees are not paid when due, we may place the account in a read-only state or suspend access after reasonable notice. We will retain the Customer's data for a reasonable period to allow payment or data export before deletion.
Acceptable use
- Use the Service only for lawful, legitimate HR and workforce-management purposes;
- Do not attempt to breach security, access other organizations' data, or disrupt the Service;
- Do not upload unlawful, infringing or malicious content;
- Obtain any consents required from employees, particularly for optional face/biometric features;
- Do not resell or provide the Service to third parties without our written consent.
Face features
The Service includes optional face-based attendance check-in and face sign-in, powered by Amazon Rekognition. These features are enabled at the Customer's choice and used only to recognize enrolled individuals. The Customer is responsible for obtaining any consents required to use them, and employees may decline or withdraw and delete their face data at any time.
Availability and support
We work to keep the Service available and secure and provide support to Customers, but the Service is provided on a commercially reasonable-efforts basis and we do not guarantee uninterrupted or error-free operation. We may perform maintenance and release updates from time to time.
Intellectual property
benik owns all rights in the Service, including its software, design, and the PeopleFlow and benik names and marks. We grant the Customer a limited, non-exclusive, non-transferable right to use the Service during the subscription. The Customer retains ownership of its own data.
Disclaimers
The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
Limitation of liability
To the maximum extent permitted by law, benik's total liability arising out of the Service is limited to the fees paid by the Customer for the Service in the three months before the claim. We are not liable for indirect or consequential losses, or loss of data, profit or goodwill. Nothing excludes liability that cannot be excluded by law.
Termination
Either party may terminate at the end of a billing quarter on reasonable notice. We may suspend or terminate for material breach. On termination the Customer may export its data as described in the Privacy Policy.
Changes to these terms
We may update these Terms and will notify Customers of significant changes. Continued use of the Service after changes take effect constitutes acceptance.
Governing law
These Terms are governed by the laws of the Federal Republic of Nigeria and are subject to the jurisdiction of the Nigerian courts.