HR360 Subscription Terms & Conditions

1. Agreement & Acceptance

• These Terms of Service (“Terms”) govern access to and use of HR360, a product of Nugo.lk (“HR360”, “we”, “us”, or “our”), including our websites, Admin Panel, Staff / Self-Service Portal, APIs, mobile or progressive web apps, documentation, integrations, and related services (collectively, the “Services”).
• By creating an account, accepting an invitation, signing up, executing an order form, clicking “I agree”, or otherwise accessing or using the Services, you accept these Terms. If you use the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” / “Customer” refers to that organisation.
• Employees, contractors, managers, and other individuals invited by a Customer (“End Users”) also accept these Terms and our Privacy Policy insofar as they apply to End User use of the Staff Portal and related features.
• If you do not agree, do not use the Services.

2. Scope of Services

• HR360 provides cloud software for human-resources operations, which may include employee records, attendance (including biometric device punches and remote check-in), leave, overtime, payroll preparation and payslips, approvals workflows, reports, and integrations with third-party devices and systems (including Hikvision, ZKTeco, and similar ADMS / biometric platforms).
• The Admin Panel is intended for Customer administrators and authorised HR / payroll users. The Staff Portal is intended for End Users to perform self-service actions such as leave applications, attendance views, remote punches, approval actions (where permitted), and viewing salary slips or related documents.
• Service levels, onboarding scope, modules enabled, and commercial terms are defined in your proposal, order form, or subscription plan. Features may vary by plan and configuration.
• We may add, modify, or discontinue features to improve security, stability, compliance, or usability, provided we do not intentionally remove core contracted functionality without reasonable notice where practicable.
• HR360 is a software tool only. We are not your employer, payroll agent, tax agent, lawyer, accountant, or statutory filer unless a separate written agreement expressly says otherwise.

3. Accounts, Roles & Access

• Customers are responsible for designating administrators, inviting End Users, assigning roles and permissions, and revoking access when an individual leaves or no longer requires access.
• You must provide accurate registration and configuration information and keep credentials confidential. You are responsible for all activity under your organisation’s accounts.
• End Users may only use the Staff Portal for legitimate work-related purposes authorised by their employer (the Customer). Sharing passwords, punching on behalf of another person, or circumventing geolocation / device controls is prohibited.
• We may suspend or restrict accounts that appear compromised, abusive, or non-compliant with these Terms or applicable law.

4. Customer Responsibilities

• Provide accurate company, employee, bank, tax, attendance, leave, and configuration data. Incorrect inputs can produce incorrect outputs; you remain solely responsible for verifying results before relying on them.
• Ensure your use of HR360 complies with all applicable employment, labour, tax, data-protection, biometric, workplace monitoring, and privacy laws in your jurisdiction (including obtaining any required employee notices and consents).
• Configure policies (shifts, leave rules, overtime, remote check-in eligibility, approval chains, payroll settings) to match your internal policies and statutory obligations.
• Maintain secure devices, networks, and biometric hardware; apply vendor patches; and meet minimum technical requirements we communicate.
• Inform End Users that attendance, location (where enabled), biometric, leave, and payroll-related data may be processed through HR360, and that the Customer remains the primary decision-maker regarding workplace monitoring and employment decisions.

5. Staff Portal, Remote Check-In & Location

Certain features of the Staff Portal may collect or process device, time, and location information to support attendance authenticity and Customer policy enforcement.

• Remote check-in / remote punch: When an End User records a remote attendance punch, the Services may capture punch time (including server-side timestamps in Asia/Colombo or other configured zones), device or account identifiers, IP address, and—where enabled by the Customer or the client application—precise or approximate geolocation (latitude, longitude, accuracy) and related address metadata.
• By using remote check-in, End Users consent to transmission of such location and device data to HR360 for processing on behalf of the Customer, and acknowledge that the Customer’s administrators and authorised managers may view this data for attendance, payroll, compliance, and disciplinary purposes as determined by the Customer.
• Location accuracy depends on device settings, OS permissions, GPS/network conditions, and user cooperation. HR360 does not guarantee that every punch is physically accurate, spoof-proof, or free from device manipulation.
• Customers decide who may use remote check-in, whether location is required, and how punches are interpreted for pay. Disputes about whether an employee was “at work” are solely between the Customer and the End User.
• Proxy punching, GPS spoofing, VPN / location falsification, or other attempts to misrepresent attendance may result in suspension of access and are the End User’s and Customer’s responsibility to investigate and address.

6. Biometric Devices & Third-Party Integrations

• Where you connect biometric terminals, time clocks, ADMS bridges, or other third-party systems, you authorise HR360 to receive and process punch and identity-mapping data from those systems to deliver the Services.
• Biometric templates, face/fingerprint images, card numbers, and related device logs are typically generated and stored by device vendors or on-device firmware under your control. HR360 processes the punch and mapping data we receive; we are not responsible for device-side template security except as expressly stated in a separate written agreement.
• You are responsible for third-party licences, hardware costs, network exposure of devices, and vendor terms. Outages, data loss, or inaccuracies originating from third-party devices, networks, or vendors are outside HR360’s control.

7. Fees & Payment

• Subscription fees, setup charges, and optional services are invoiced as set out in your commercial agreement or plan.
• Invoices are due within the stated payment terms. Late or failed payment may result in suspension or termination of access.
• Taxes, withholding, and bank charges are your responsibility unless otherwise agreed in writing.
• Fees are generally non-refundable except where required by law or expressly agreed in writing.

8. Data Ownership, Processing & Privacy

• As between the parties, the Customer retains ownership of Customer Content (company and workforce data uploaded to or generated in the Customer’s tenant).
• HR360 processes Customer Content to provide, secure, support, and improve the Services, and as described in the HR360 Privacy Policy, which is incorporated into these Terms.
• For personal data of employees and other individuals, the Customer typically acts as the data controller (or equivalent) and HR360 acts as a data processor / service provider, except where we determine purposes independently (e.g., our own account, billing, and website analytics data).
• Non-Commercial Commitment: HR360 will not intentionally sell, lease, or commercially rent Customer Content to third parties for unrelated marketing or advertising.
• Upon written request and settlement of outstanding fees, we will provide a reasonable data export in a mutually agreed format, subject to technical feasibility and legal constraints.
• You grant HR360 a limited licence to host, copy, transmit, display, and process Customer Content solely as needed to operate the Services and meet legal obligations.

9. Confidentiality

Each party will protect the other’s confidential information using reasonable care and use it only to perform under these Terms, except where disclosure is required by law (with notice where legally permitted) or the information is already public through no fault of the receiving party.

10. Acceptable Use

• Do not probe, scan, reverse engineer (except to the limited extent permitted by law), overload, or interfere with the Services or other customers’ data.
• Do not upload unlawful, infringing, defamatory, or malicious content, or use the Services to violate employment, privacy, anti-discrimination, or other laws.
• Do not misrepresent identity or attendance; do not attempt to bypass security, geolocation, role, or audit controls.
• Do not use the Services to provide a competing product using non-public HR360 materials, or to mine the platform for training competing AI systems without our prior written consent.
• We may investigate suspected violations and suspend or terminate access where reasonably necessary to protect the Services, other customers, or legal compliance.

11. Employment, Payroll & Statutory Disclaimers

• HR360 does not create an employment relationship between us and any End User. All employment decisions (hiring, discipline, pay, termination, monitoring policies) are made solely by the Customer.
• Calculation Disclaimer: HR360 is a data-processing automation tool and does not provide professional legal, financial, tax, or HR advice. While modules may apply configured rules (including Sri Lankan EPF, ETF, PAYE/APIT-related calculations where enabled), the Customer holds sole and absolute responsibility for verifying the mathematical, policy, and legal accuracy of all outputs—including net pay, deductions, overtime, leave balances, attendance status, and statutory amounts—before payment, filing, or reliance.
• Statutory rates, rules, and forms change. You must confirm that configurations remain current. We do not guarantee continuous, complete, or error-free reflection of every regulatory change.
• Payslips, reports, and exports are tools for your internal use; you remain responsible for employee communications and statutory submissions.

12. Warranties & Disclaimers

• THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
• We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or free of harmful components; that location or biometric data will be accurate; or that defects will be corrected.
• Beta, pilot, or preview features are provided solely for evaluation, may be unstable, and may be withdrawn at any time without liability.

13. Absolute Limitation of Liability

• Zero Calculation & Workforce-Decision Liability: To the fullest extent permitted by law, HR360 accepts no liability for financial losses, under/over-payment of wages, backdated government penalties, interest, legal fines, claims by employees, or internal labour disputes arising from calculation errors, software bugs, misconfiguration, incorrect imports, delayed syncs, remote-check or location inaccuracy, biometric device faults, or Customer policy decisions.
• Third-Party & Infrastructure Waiver: The Services rely on third-party cloud, network, email, analytics, maps/geocoding, device, and payment providers (which may include, without limitation, Amazon Web Services, DigitalOcean, Netlify, and similar vendors). You acknowledge we do not control those environments. To the fullest extent permitted by law, HR360 is not liable for downtime, latency, corruption, data loss, interception, or security incidents originating from third-party infrastructure, devices, carriers, or OS/browser geolocation services.
• No Indirect Damages: To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business opportunity, even if advised of the possibility.
• Financial Cap: If, despite the waivers above, a court of competent jurisdiction finds HR360 liable, our total aggregate liability for all claims arising out of or related to the Services or these Terms shall not exceed the subscription fees actually paid by the Customer to HR360 for the one (1) calendar month immediately preceding the event giving rise to the claim (or LKR 0.00 if no fees were paid). Multiple claims do not enlarge this cap.
• The limitations in this section allocate risk as an essential basis of the bargain and apply regardless of the theory of liability (contract, tort, statute, or otherwise) and whether any limited remedy fails of its essential purpose, except to the extent liability cannot be limited under applicable law (e.g., proven fraud or death/personal injury caused by negligence where such limitation is prohibited).

14. Indemnity

• Customer will defend, indemnify, and hold harmless HR360 and its officers, directors, employees, and agents from and against claims, damages, losses, and expenses (including reasonable legal fees) arising out of: (a) Customer Content; (b) Customer’s or End Users’ use of the Services in breach of these Terms or law; (c) employment, wage, discrimination, privacy, or biometric claims by End Users or third parties relating to Customer’s policies or decisions; (d) Customer’s failure to obtain required consents or provide required notices; and (e) third-party hardware, integrations, or networks under Customer’s control.
• End Users agree to indemnify HR360 for claims arising from their misuse of the Staff Portal, including fraudulent attendance punches or unauthorised access.

15. Intellectual Property

HR360 and its licensors own all right, title, and interest in the Services, software, branding, documentation, and related IP. No rights are granted except the limited, non-exclusive, non-transferable right to access the Services during a valid subscription. Feedback you provide may be used by us without restriction or compensation.

16. Term, Suspension & Termination

• The agreement starts on the effective date in your order form or when you first access paid/subscribed Services, and continues for the committed term or month-to-month plan as applicable.
• Either party may terminate for cause if the other materially breaches these Terms and fails to cure within thirty (30) days of written notice (or immediately for non-payment, illegal use, or security risk).
• We may suspend access immediately for non-payment, suspected fraud, legal risk, or threats to platform integrity.
• On termination, access will be disabled, outstanding fees become due, and we may delete or anonymise Customer Content after any agreed retention window, subject to legal holds and our Privacy Policy.

17. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, terrorism, labour disputes, utility or internet failures, government actions, epidemics, or third-party service outages—provided the affected party uses reasonable efforts to mitigate.

18. Modifications to Terms

We may amend these Terms at any time by posting an updated version on hr360.lk/terms and updating the “Last updated” date. Material changes may also be communicated via Admin Panel notices, Staff Portal notices, or email. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Services and, where applicable, terminate your subscription under your commercial agreement.

19. Governing Law & Disputes

These Terms are governed by the laws of Sri Lanka. Subject to any mandatory consumer protections that cannot be waived, disputes shall be subject to the exclusive jurisdiction of the courts of Colombo, Sri Lanka. You waive any objection to venue in those courts.

20. General

• These Terms, the Privacy Policy, and any order form constitute the entire agreement regarding the Services and supersede prior negotiations on the same subject.
• If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remainder will continue in force.
• Failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign to an affiliate or successor.
• Notices to HR360 may be sent to info@hr360.lk. Notices to you may be sent to the admin email on file or via in-product messaging.
• Headings are for convenience only and do not affect interpretation.

21. Contact