Terms of Service

By accessing or using SmartFlex 360 ("Service", "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all users of the Service, including organizations, administrators, employees, and visitors. Your use of the Service constitutes your agreement to these Terms and our Privacy Policy.

SmartFlex 360 provides a comprehensive cloud-based platform for:

• Human Resource Management (HRM) and employee data management
• Payroll processing and statutory compliance (PAYE, NSSF, NHIF, Housing Levy)
• Tax management and compliance tools for Kenyan regulations
• Financial management and business intelligence
• Performance management and learning & development
• Employee wellness and engagement features

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to users.

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

3.2 Account Types

SmartFlex 360 offers different account types (Superadmin, Admin, Employee) with varying access levels and permissions. You agree to use your account only for its designated purpose.

3.3 Age Requirement

You must be at least 18 years old to create an account and use the Service.

4.1 Subscription Plans

SmartFlex 360 offers various subscription plans with different features and pricing. By subscribing, you agree to pay all fees associated with your chosen plan.

4.2 Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on your plan. Payments are processed through secure payment gateways including M-PESA and card payments.

4.3 Renewals

Subscriptions automatically renew at the end of each billing period unless cancelled. You will be charged the then-current rate for your plan.

4.4 Cancellation & Refunds

You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period. Refunds are provided on a case-by-case basis within 14 days of initial purchase, subject to our refund policy.

4.5 Price Changes

We reserve the right to modify our pricing with at least 30 days' notice. Price changes will not affect your current billing period.

5.1 Your Data

You retain all rights to the data you upload to SmartFlex 360. We do not claim ownership of your content, including employee records, payroll data, and financial information.

5.2 Data Security

We implement industry-standard security measures to protect your data, including encryption, secure data centers, and regular security audits. However, no system is completely secure, and we cannot guarantee absolute security.

5.3 Data Privacy

Our collection, use, and protection of personal data is governed by our Privacy Policy, which complies with the Kenya Data Protection Act, 2019 and GDPR where applicable. Please review our Privacy Policy for detailed information.

5.4 Data Retention

Upon account termination, your data will be retained for 30 days before permanent deletion, unless legally required to retain it longer for compliance purposes.

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Infringe upon or violate our intellectual property rights
• Submit false or misleading information
• Transmit viruses, malware, or any malicious code
• Attempt to gain unauthorized access to the Service or other user accounts
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble the Service
• Resell or commercially exploit the Service without authorization
• Use automated scripts to collect data or interact with the Service

7.1 Service Availability

While we strive for 99.9% uptime, the Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee uninterrupted, error-free, or secure access to the Service.

7.2 Tax Compliance

While SmartFlex 360 provides tax calculation and compliance tools, you are ultimately responsible for the accuracy of your tax filings. We recommend consulting with qualified tax professionals for complex tax matters.

7.3 Damages

To the fullest extent permitted by law, SmartFlex 360 and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising from your use of the Service.

7.4 Maximum Liability

Our total liability to you for all claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

8.1 By You

You may terminate your account at any time by contacting our support team or using the account cancellation feature in your dashboard.

8.2 By Us

We reserve the right to suspend or terminate your account immediately if you:

• Violate these Terms of Service
• Fail to pay subscription fees
• Engage in fraudulent or illegal activities
• Pose a security or legal risk to the Service or other users

8.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. You will have 30 days to export your data before it is permanently deleted.

The Service, including its original content, features, and functionality, is owned by SmartFlex 360 and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks and trade dress may not be used without our prior written consent.

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service at least 30 days before they take effect.

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Kenya.

If you have any questions about these Terms of Service, please contact us: