Legal
These Terms and Conditions ("Agreement") govern access to and use of the AInesHR software-as-a-service platform ("Service") provided by AInesHR GmbH, a company incorporated under Swiss law (CHE-451.356.219), with registered offices in Zürich, Switzerland ("Provider", "we", "us").
By subscribing to, accessing, or using the Service — including through Microsoft AppSource or any other channel — the entity or individual identified at the time of subscription ("Customer", "you") agrees to be bound by this Agreement.
This Agreement applies to all subscription tiers, pricing plans, and add-on modules made available by the Provider.
"Service" means the AInesHR SaaS platform, including all modules, features, integrations, APIs, and documentation made available by the Provider.
"Subscription" means the right to access and use the Service during a defined Subscription Term in exchange for the applicable Fees.
"Subscription Term" means the period for which the Customer has purchased access: monthly, annual (12 months), or biennial (24 months), as selected at the time of purchase.
"User" means any individual authorized by the Customer to access the Service under the Customer's account.
"Customer Data" means all data, content, and information submitted to or processed by the Service by or on behalf of the Customer.
"Fees" means the amounts payable by the Customer for the Subscription, as set out in the applicable order or pricing page at the time of purchase.
3.1 Subscription Plans
The Service is offered under the following billing models:
3.2 Upfront Payment
All Fees are payable upfront at the commencement of the Subscription Term. No Service access will be granted until payment is confirmed. Licenses are pre-purchased for the full Subscription Term.
3.3 Pricing and Changes
Prices are as published at the time of purchase. The Provider reserves the right to revise pricing for future Subscription Terms with at least 30 days' written notice. Price changes do not affect the current paid Subscription Term.
3.4 Taxes
All Fees are exclusive of applicable taxes, including Swiss VAT and any local taxes applicable in the Customer's jurisdiction. The Customer is responsible for all such taxes unless the Provider is legally required to collect them.
4.1 License Grant
Subject to payment of applicable Fees and compliance with this Agreement, the Provider grants the Customer a non-exclusive, non-transferable, limited right to access and use the Service during the Subscription Term for the Customer's internal business purposes.
4.2 User Accounts
The Customer is responsible for maintaining the security of its account credentials and for all activity that occurs under its account. The Customer must promptly notify the Provider of any unauthorized access or security breach.
4.3 Acceptable Use
The Customer must not: (a) sublicense, resell, or transfer the Service to any third party; (b) reverse engineer, decompile, or attempt to extract the source code of the Service; (c) use the Service to process data in violation of applicable law; (d) upload malicious code or interfere with the Service's integrity; (e) use the Service in any manner that violates the rights of third parties.
5.1 Ownership
The Customer retains full ownership of all Customer Data. The Provider does not claim any ownership rights over Customer Data.
5.2 Data Processing
To the extent the Service involves processing of personal data, the Provider acts as a data processor on behalf of the Customer (the data controller). The parties shall enter into a Data Processing Agreement ("DPA") as required under the EU General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (nFADP).
5.3 Data Security
The Provider implements appropriate technical and organisational measures to protect Customer Data against unauthorised access, loss, or destruction, in accordance with industry standards and applicable law.
5.4 Data Location
Customer Data is stored and processed within the European Economic Area (EEA) and/or Switzerland unless otherwise agreed in writing. Any transfer of data outside these regions will comply with applicable data protection law, including the use of standard contractual clauses where required.
The Service, including all underlying software, algorithms, documentation, trademarks, and interfaces, is the exclusive intellectual property of AInesHR GmbH. Nothing in this Agreement transfers any intellectual property rights to the Customer.
The Customer grants the Provider a limited, non-exclusive licence to use Customer Data solely to provide and improve the Service.
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with this Agreement that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. Confidential information shall not be disclosed to third parties without the disclosing party's prior written consent, except as required by law.
This obligation survives termination of the Agreement for a period of three (3) years.
8.1 Availability
The Provider will use commercially reasonable efforts to ensure the Service is available 99.5% of the time on a monthly basis, excluding scheduled maintenance windows communicated in advance and circumstances beyond the Provider's reasonable control.
8.2 Maintenance
The Provider may perform scheduled maintenance that results in temporary Service unavailability. The Provider will provide advance notice of scheduled downtime where reasonably practicable.
8.3 Support
Support is provided via email and the Provider's support portal during business hours (Monday to Friday, 09:00–18:00 CET), excluding Swiss public holidays. Support terms may vary by subscription plan.
9.1 Term
This Agreement commences on the date the Customer first accesses the Service and continues for the duration of the Subscription Term, unless earlier terminated in accordance with this Agreement.
9.2 Termination for Cause
Either party may terminate this Agreement immediately upon written notice if the other party: (a) materially breaches this Agreement and fails to remedy such breach within 30 days of written notice; or (b) becomes insolvent, files for bankruptcy, or ceases to operate.
9.3 Effect of Termination
Upon termination: (a) all licences granted to the Customer cease immediately; (b) the Customer must cease using the Service; (c) the Provider will make Customer Data available for export for a period of 30 days, after which it may be deleted. Fees paid for the current Subscription Term are non-refundable except where termination is due to the Provider's material breach.
9.4 No Refunds for Upfront Payments
Given that all Fees are paid upfront for the full Subscription Term, no refunds will be issued for early termination by the Customer, except in cases of Provider's material breach or as required by applicable consumer protection law.
The Provider warrants that: (a) it has the right to provide the Service under this Agreement; (b) the Service will perform materially in accordance with its documentation during the Subscription Term.
Except as expressly set out herein, the Service is provided "as is" and the Provider disclaims all other warranties, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
The Provider does not warrant that the Service will be error-free or uninterrupted at all times.
To the fullest extent permitted by applicable law:
Nothing in this Agreement excludes or limits liability for fraud, wilful misconduct, or death or personal injury caused by negligence.
The Customer is responsible for ensuring that its use of the Service complies with all applicable laws and regulations in its jurisdiction, including but not limited to employment law, data protection law, and sector-specific regulations.
AInesHR is designed to support compliance with European HR regulations including the EU Pay Transparency Directive (2023/970/EU), the Swiss Gender Equality Act (GlG), and cross-border employment law. However, the Service does not constitute legal advice, and the Customer should seek independent legal counsel for compliance decisions.
This Agreement is governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law provisions.
Any dispute arising out of or in connection with this Agreement shall first be subject to good faith negotiations between the parties. If unresolved within 30 days, disputes shall be submitted to the exclusive jurisdiction of the courts of Zürich, Switzerland.
For Customers located in the European Union, mandatory consumer protection rights under applicable EU law are not affected by this clause.
The Provider may update these Terms and Conditions from time to time. Customers will be notified of material changes at least 30 days in advance via email or in-platform notice. Continued use of the Service after the effective date of changes constitutes acceptance of the updated terms.
For Customers on active fixed-term Subscriptions (annual or biennial), changes will not take effect until the next renewal date.
15.1 Entire Agreement
This Agreement, together with any applicable order form, Data Processing Agreement, and service-level agreement, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements and understandings.
15.2 Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
15.3 Waiver
Failure to enforce any provision of this Agreement shall not constitute a waiver of the Provider's right to enforce it in the future.
15.4 Assignment
The Customer may not assign or transfer its rights under this Agreement without the Provider's prior written consent. The Provider may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
15.5 Force Majeure
Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, pandemic, cyberattacks, or government action.
AInesHR GmbH
Zürich, Switzerland
CHE-451.356.219
Email: privacy@aineshr.com
Website: https://aineshr.com
Last updated: June 2026
We use cookies to improve your experience and analyse site performance. By clicking Accept, you consent to our use of cookies. Cookie Policy