Terms of Service

OnTap provides a cloud-based HR and Task Management platform including, but not limited to: payroll processing, employee management, recruitment and onboarding, performance management, leave management, time and attendance tracking, HR analytics, compliance management, and task management tools.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with reasonable prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Service features.

To use OnTap, you must register for an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring all users in your organization comply with these Terms
• Maintaining accurate and up-to-date account information

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or compromise the security or integrity of the platform.

OnTap operates on a subscription-based pricing model. By subscribing, you authorize us to charge your designated payment method on a recurring basis (monthly or annually, as selected).

• Free Trial: New accounts receive a 14-day free trial with full feature access. No credit card required during trial.
• Billing Cycle: Subscriptions auto-renew at the end of each billing period unless cancelled.
• Price Changes: We will provide 30 days notice before any price increases.
• Refunds: Annual subscriptions are eligible for a prorated refund within 30 days of purchase. Monthly subscriptions are non-refundable.
• Failed Payments: If payment fails, your account will enter a grace period of 7 days before suspension.

Your Data: You retain full ownership of all data you upload, input, or generate through the Service ("Customer Data"). We do not claim any ownership rights over your Customer Data.

License to Us: You grant OnTap a limited, non-exclusive license to process, store, and display your Customer Data solely for the purpose of providing the Service to you.

Data Export: You may export your Customer Data at any time through the platform. Upon termination, we will provide a data export for 90 days before securely deleting your data.

Aggregated Data: We may use anonymized, aggregated data derived from platform usage to improve our services and publish industry benchmarks, provided no individual or organization is identifiable.

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Upload or transmit malware, viruses, or malicious code
• Attempt to gain unauthorized access to any part of the platform
• Reverse engineer, decompile, or attempt to extract source code
• Use the platform to discriminate against employees in violation of applicable employment law
• Process personal data of minors under 16 without appropriate consent
• Resell or sublicense the Service without our written authorization
• Use automated scraping tools or bots to access the platform

To the maximum extent permitted by applicable law, OnTap's total liability to you for any claims arising from or related to these Terms or the Service shall not exceed the greater of: (a) the amount you paid us in the 12 months preceding the claim, or (b) USD $500.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business interruption, even if we have been advised of the possibility of such damages.

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and survive the termination of these Terms.

Either party may terminate the subscription at any time. Upon termination:

• Your access to the Service will cease at the end of the current billing period
• We will provide your data export for 90 days after termination
• After 90 days, your data will be permanently and irreversibly deleted
• Outstanding invoices remain due and payable

We may immediately terminate or suspend your account if you materially breach these Terms, engage in illegal activity, or your use poses a security risk to other customers.

These Terms are governed by the laws of Kenya. Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Nairobi, Kenya under the Nairobi Centre for International Arbitration (NCIA) rules.

Nothing in these Terms prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

For questions about these Terms, contact: legal@ontapke.com