Terms of Service

These Terms of Service ("Terms") are a binding agreement between JOBOHIVE ("JOBOHIVE", "we", "us") and the company or organisation that registers for the service ("Customer", "you"). By registering a company, ticking the acceptance box, or using the Service, you agree to these Terms and to our Privacy Policy, which forms part of them.

If you register on behalf of a company, you confirm that you are authorised to bind it. If you do not agree, do not register or use the Service.

• "Service" means the JOBOHIVE web application, the JOBOHIVE desktop monitoring app, and related features: attendance and work sessions, camera-based presence and activity monitoring, face verification, timesheets and projects, shifts and holidays, leave, daily reports, payslips and contracts, assets, expenses, performance reviews, tickets, chat, video calls, announcements, onboarding and offboarding checklists, analytics and exports, the privacy centre, notifications by email, SMS and WhatsApp, billing, and integrations.
• "Customer Data" means all information that you or your Users put into or generate through the Service, including information about your staff.
• "Users" means the administrators, managers and staff members (employees or contractors) whom you add or allow to use the Service. "Staff Users" are Users who are not administrators.
• "Personal Data", "controller", "processor" and "processing" have the meanings given in the Data Protection Act, 2019 of Kenya and equivalent laws that apply to you.
• "Integrations" means the third-party providers connected to the Service, such as email, SMS, WhatsApp and M-Pesa providers.
• "Platform Administrator" means a JOBOHIVE person authorised to administer the platform and support customers.

We provide the Service on a subscription basis. During your trial or paid term we grant you a limited, non-exclusive, non-transferable, revocable right to use it for your internal business purposes, up to the staff limit of your plan.

The desktop monitoring app is licensed, not sold, and may be installed only on devices used by your Users. It uses a camera and keyboard and mouse timing while a User is clocked in, as described in the Privacy Policy. You may not copy, modify, reverse engineer or redistribute it.

We may improve, change or add features. We will not make a change that materially reduces the core functionality of a paid plan without reasonable notice. Features marked as beta may change or be withdrawn.

You must give accurate, complete information when registering, including a valid company email and a WhatsApp username or number we can use to contact you, and keep it up to date.

You are responsible for all activity under your company’s account and for who you give access to. Administrators create Users, assign roles and permissions, and should give each person only the access they need. Keep passwords and recovery codes confidential and do not share accounts. We strongly recommend turning on two-factor login, and you can require it for administrators or for everyone in your company.

Tell us promptly at [email protected] if you suspect unauthorised access. Remove access when someone leaves; the offboarding checklist helps with this. We may suspend an account we reasonably believe is compromised.

Staff Users use the Service because their employer or engaging company has added them. Their employer, not JOBOHIVE, is responsible for the terms of their employment, for telling them what is tracked, and for the lawfulness of that tracking. Staff Users must follow the acceptable use rules in these Terms, keep their credentials private, and use camera, microphone and location features honestly, for example by not using photos, recordings or devices to impersonate someone else.

New companies receive a free trial of 14 days with no payment details required. At the end you must choose a paid plan to continue; otherwise your account may be limited or suspended, and Customer Data is handled as set out in "Termination and your data".

Plans, prices and staff limits are published on our website. Prices are stated and billed in United States dollars (USD), per company per month, in advance, and exclude taxes such as VAT, which you must pay where they apply. Each plan has a staff limit; you cannot add staff beyond it without moving to a larger plan.

You may pay by M-Pesa or any other method we make available. M-Pesa accepts only Kenyan shillings, so for those payments we convert the USD price to KES at the exchange rate shown at checkout and round up to the next whole shilling. Your payment record shows both the USD bill and the shillings charged. Exchange rates change; we do not refund differences that result from rate movement, and you bear any fees charged by your mobile money provider or bank.

Fees are non-refundable except where the law requires or where we agree in writing. You may upgrade at any time. A downgrade takes effect at your next billing period and requires your staff count to fit within the lower limit. If a payment fails or is overdue, we may suspend the account after reasonable notice. We may change prices or plan limits on at least 30 days’ written notice, effective at your next renewal. We may remove a plan from sale; customers already on it keep it until their next renewal.

If you dispute a charge, contact us before contacting your provider, so we can resolve it quickly.

JOBOHIVE gives you tools that process sensitive information about your staff: attendance, location at clock-in, photographs, face signatures, camera-based presence, drowsiness and phone-use estimates, keyboard and mouse activity timing, and optionally screen recording. You decide whether and how to use each of them, and you alone are responsible for using them lawfully. Switching a feature on in the Service does not by itself make it lawful.

In particular, you agree that you will:

• identify a lawful basis for each kind of processing, obtain any consent required by law (face data is biometric and sensitive), and record it, including through the Privacy page;
• tell staff clearly, before you start, what is tracked, why, for how long it is kept, who sees it, and how to exercise their rights, and keep your notice current;
• register with the Office of the Data Protection Commissioner as a data controller or processor where the law requires, and complete a data protection impact assessment where the law calls for one before using biometric or systematic monitoring features;
• keep monitoring proportionate, limited to working time and to work devices or work sessions, and never use it covertly, outside working hours, in private spaces such as bathrooms, or to harass, discriminate against or victimise anyone;
• offer a reasonable alternative to staff who cannot or do not wish to use face verification, for example because of disability, and review results fairly because the software can be wrong;
• never rely solely on automated scores, alerts or reports to discipline, dismiss or pay someone, and always have a person review them;
• configure roles and permissions so that people see only what they need, and set a sensible retention period on the Privacy page;
• respond to your staff’s requests (access, correction, deletion, objection) within the time the law allows, using the tools we provide; and
• not use data collected through the Service for any purpose other than the one you told staff about.

You are the controller of your staff’s Personal Data. JOBOHIVE is your processor, as set out in "Data processing".

You and your Users must not:

• break any law or infringe anyone’s rights, or upload unlawful, defamatory, abusive, discriminatory or malicious content;
• access, try to access, or interfere with another company’s data or the platform’s security, or probe, scan or test it without our written permission;
• upload viruses, malicious files or links in tickets, chat or attachments, or overload or disrupt the Service, including by exceeding rate limits or automating requests;
• reverse engineer, copy, resell, sublicense or white-label the Service, or use it to build a competing product;
• send spam or unsolicited messages, or use email, SMS or WhatsApp notifications for marketing, or to people who have not agreed to receive them; you must also follow the rules of the messaging providers, including Meta’s WhatsApp policies;
• use the Service to monitor or track people who are not your staff, or to stalk, harass or covertly surveil anyone;
• share one staff account between several people, or exceed the staff limit of your plan; or
• use features to bypass or defeat attendance and verification controls, for example by submitting another person’s photo.

We may investigate suspected breaches and may remove content, limit features or suspend access where reasonably necessary to protect people, the Service or the law.

The Service can send notifications in the app and by email, SMS and WhatsApp through Integrations. You are responsible for the content of messages you send, for having the right to contact the recipients, and for complying with messaging and consumer laws. Delivery is not guaranteed: messages depend on third-party networks and providers, and WhatsApp may restrict business messages. We may limit message volumes or channels to prevent abuse or control cost, and your administrators can switch channels off for your company.

As between you and us, you own your Customer Data. You give us a limited licence to host, process, transmit and display it only as needed to provide, secure, support and improve the Service and to comply with the law.

You are responsible for the accuracy and legality of Customer Data and for having the right to provide it to us. We do not sell Customer Data and do not use it for advertising.

You can export key data yourself, such as staff lists, attendance, timesheets, tickets and leave, as CSV files, and individuals can download a copy of their own data. You are responsible for keeping your own copies of anything you need; our backups exist to restore the Service, not to serve as your archive.

We may create anonymised, aggregated statistics from use of the Service that cannot identify you or any person, and use them to run and improve the Service.

This section applies to the Personal Data of your staff and other individuals that we process for you. You are the controller and we are the processor.

• We process that data only on your documented instructions, which are these Terms, your use and configuration of the Service, and your written requests, unless the law requires otherwise, in which case we will tell you if we lawfully can.
• The subject matter, duration, nature and purpose of processing are providing the Service to you for as long as you use it; the types of data and the people concerned are described in the Privacy Policy.
• People we authorise to process the data are bound by confidentiality.
• We keep the technical and organisational security measures described in the Privacy Policy, and we may improve them but not materially weaken them.
• You authorise the sub-processors named in the Privacy Policy (hosting and network, email, SMS, WhatsApp and payment providers, and content delivery). We will update that list and give notice of material additions; you may object on reasonable data protection grounds, and if we cannot resolve the objection you may stop using the Service.
• We help you respond to requests from individuals and to meet your duties on security, breach notification and impact assessments, taking into account the information we hold. The Privacy page and exports are designed to help.
• We notify you without undue delay, and within 72 hours of confirming it, of a personal data breach affecting your data.
• After termination we return or delete the data as set out in "Termination and your data".
• We give you the information reasonably needed to show we comply with this section, and allow reasonable audits on 30 days’ notice, not more than once a year unless a breach requires otherwise, at your cost and subject to confidentiality.
• If data is transferred outside Kenya, the safeguards described in the Privacy Policy apply.

If we receive a request directly from one of your staff about data we process for you, we will normally pass it to you.

We use reasonable technical and organisational measures designed to protect the Service and Customer Data, including company separation in the software, role-based access control, encrypted connections, hashed passwords, encrypted credentials, login rate limiting, optional two-factor login, audit logging and regular backups. These are described in the Privacy Policy.

No system is perfectly secure. You must keep your own systems, devices and credentials secure and follow the guidance we give you.

To help you, fix problems or investigate abuse, a Platform Administrator may open your company account as its administrator. Each such session is time-limited and recorded in the audit log. We will not use it to look at your staff’s data for any other purpose, and we may disclose that it took place if you ask.

The Service depends on third-party providers, including network and hosting, email, SMS, WhatsApp, payment (M-Pesa) and content delivery providers, and on your own browsers, devices, cameras and internet connection. Their services are governed by their own terms, and we are not responsible for their acts, charges or outages. Some features load resources from public providers, as described in the Privacy Policy.

We aim to keep the Service available and to schedule maintenance outside normal working hours, but we do not promise uninterrupted or error-free operation. The Service depends on the internet and on third parties, and may be affected by events outside our control, including power or network failures. Camera-based features need compatible hardware, good lighting and the permissions of the device.

Support is available by email at [email protected] and through the WhatsApp contact we provide at onboarding, during normal working hours in Kenya.

We and our licensors own all rights in the Service, including software, design, text, logos and trademarks. These Terms give you no ownership of them, and you may not use our name or logo without written permission. If you send feedback or suggestions, you allow us to use them without restriction or payment.

Each party will keep the other’s non-public business information confidential, use it only for the purposes of these Terms and protect it with reasonable care, except where disclosure is required by law or by a competent authority, or is made to its professional advisers under a duty of confidentiality.

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

Face verification, presence, drowsiness and phone-use detection, focus scores, analytics and the savings calculator on our website are aids and estimates. They can be inaccurate and are not medical, legal, tax or employment advice, and not guarantees of results or savings. You are responsible for reviewing them fairly before acting on them. The Service does not make you compliant with any law.

To the fullest extent the law allows, JOBOHIVE will not be liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, goodwill or data, arising out of or related to the Service.

Our total liability for all claims relating to the Service in any 12-month period is limited to the fees you paid us for the Service in that period (or, if you are on a free trial, USD 100).

Nothing in these Terms limits liability that cannot be limited by law, including for fraud, or for death or personal injury caused by negligence.

You will defend and compensate us against third-party claims, losses and reasonable costs arising from your Customer Data, your breach of these Terms, or your use of monitoring, biometric, location or messaging features in breach of the law or of your staff’s rights, except to the extent caused by our own breach.

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the Service unlawfully, and we will give notice where reasonably possible. We may also suspend a trial account that appears to be abusing the Service.

After termination, or when a trial ends without a subscription, you can export your data for 30 days. After that we will delete or anonymise it within a further 60 days, except where we must keep it by law (for example billing records), or in backups that are overwritten within 14 days, or in anonymised form. You may ask us in writing at any time to export or delete your data sooner.

Sections that by their nature should continue (including payment obligations, intellectual property, confidentiality, disclaimers, liability, indemnity and governing law) survive termination.

We may update these Terms from time to time. We will post the new version on this page with a new "last updated" date and, for material changes, notify the company administrator by email or in the Service. If you keep using the Service after the effective date, you accept the updated Terms. If you do not agree, you may close your account.

We may give notice by email to the addresses you registered, by posting in the Service, or by contacting the WhatsApp number you gave us. You may give notice to us at [email protected]. Notices take effect when sent, unless the law says otherwise.

These Terms are governed by the laws of the Republic of Kenya. The parties will first try to settle any dispute in good faith through discussion. Failing that, the courts of Kenya have exclusive jurisdiction, unless the parties agree in writing to arbitration. Nothing prevents a person from complaining to the Office of the Data Protection Commissioner or another authority.

These Terms and the Privacy Policy are the entire agreement between us about the Service and replace earlier understandings. If a provision is found unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger or sale of our business. Neither party is liable for delay or failure caused by events beyond its reasonable control. Nobody who is not a party has the right to enforce these Terms. These Terms are written in English, which prevails over any translation.

Questions about these Terms: [email protected]. Privacy requests and complaints: [email protected].