1. Acceptance of Terms

By accessing or using any services provided by Cybrosys Technologies Pvt. Ltd. ("Cybrosys", "we", "us"), including Horilla Cloud, horilla.com, and related APIs and services (collectively, "Services"), you ("Customer", "you") agree to be bound by these Terms of Service ("Terms").

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, do not use the Services.

2. The Services

Horilla is an open-source HRMS and CRM platform. Cybrosys provides:

• Horilla Cloud: A managed hosting service for the Horilla software.
• Horilla Support: Paid technical support packages.
• Horilla Implementation: Professional services for setup and customisation.
• Horilla.com: This website and documentation.

The Horilla open-source software available on GitHub is separately governed by the Apache License 2.0 and these Terms do not apply to self-hosted instances.

3. Account Registration

To access Horilla Cloud, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information
• Keep your password secure and not share it with others
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activity under your account

4. Acceptable Use

You may not use the Services to:

• Violate any applicable law or regulation
• Infringe the intellectual property rights of others
• Transmit malicious code, viruses, or destructive content
• Attempt to gain unauthorized access to systems or data
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services for any unlawful or harmful purpose
• Process illegal data or data you do not have rights to process

We reserve the right to suspend or terminate accounts that violate these restrictions.

5. Payment Terms

Paid plans are billed in advance on a monthly or annual basis. By providing payment information, you authorize Cybrosys to charge applicable fees.

• Billing: Subscriptions auto-renew unless cancelled before the renewal date.
• Cancellation: You may cancel at any time. Cancellations take effect at the end of the current billing period.
• Refunds: We do not offer refunds for partial subscription periods, except where required by law.
• Price changes: We will provide 30 days notice of price changes.
• Taxes: Prices are exclusive of applicable taxes. GST may apply for Indian customers.

6. Your Data

You retain all rights to data you submit to Horilla Cloud ("Customer Data"). You grant Cybrosys a limited license to process Customer Data solely to provide the Services.

• You are responsible for the accuracy and legality of Customer Data.
• You are responsible for ensuring you have the right to process employee personal data.
• Upon termination, you have 30 days to export your data before it is deleted.
• We process Customer Data as a data processor under your instruction.

Our Privacy Policy governs how we handle personal data in connection with the Services.

7. Intellectual Property

Cybrosys retains all rights to the Horilla brand, trademarks, and proprietary elements of the Cloud service (excluding the underlying open-source code). You may not use our trademarks without prior written permission.

You retain all rights to your Customer Data and any custom modules you develop.

8. Open-Source Software

The core Horilla software is licensed under the Apache License 2.0 and is available at github.com/horilla-opensource/horilla. Your use of the open-source code is governed by that license, not these Terms. These Terms apply only to Cloud and support services provided by Cybrosys.

9. Confidentiality

Each party may receive confidential information from the other. Both parties agree to:

• Keep confidential information secret using at least reasonable care
• Use confidential information only to fulfill obligations under these Terms
• Not disclose confidential information to third parties without consent

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CYBROSYS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBROSYS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

IN NO EVENT SHALL CYBROSYS'S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Cybrosys, its officers, directors, and employees from and against any claims, damages, losses, and expenses arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your Customer Data.

13. Termination

Either party may terminate these Terms at any time:

• By you: Cancel your subscription at any time. Access continues until end of billing period.
• By us: We may suspend or terminate your account for violation of these Terms, non-payment, or if we discontinue the Services, with reasonable notice.
• Effect of termination: All licenses and access terminate. You have 30 days to export your data.

14. Governing Law

These Terms are governed by the laws of India. Any disputes shall be resolved in the courts of Kochi, Kerala, India. For Enterprise customers, arbitration may be specified in a separate agreement.

15. Changes to Terms

We may update these Terms from time to time. We will provide 30 days notice of material changes by email and by posting on this page. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms? Contact us:

• Email: legal@cybrosys.com
• Post: Cybrosys Technologies Pvt. Ltd., Kochi, Kerala, India

See also: Privacy Policy · Security