The terms under which you access and use CromaHR, the HR and payroll platform operated by Croma Interactive Limited.
Effective date: 26 October 2026
CROMA INTERACTIVE LIMITED
Effective date: 26 October 2026
These Terms of Service ("Terms") are an agreement between Croma Interactive Limited, a company incorporated in Kenya ("Croma Interactive", "we", "us" or "our"), and the organisation that subscribes to CromaHR (the "Customer" or "you"). They govern access to and use of the CromaHR human resources and payroll platform, its web application, mobile applications and related services (together, the "Service").
You accept these Terms by signing an order form, clicking to accept them, or accessing or using the Service. If you accept on behalf of an organisation, you confirm that you have authority to bind it. If you do not have that authority, or do not agree, you must not use the Service.
The Service is provided for business purposes. It is not offered to consumers. Nothing in these Terms excludes any right that cannot be excluded under the law of the country where you are established.
Your administrators, HR staff, managers and other people you authorise ("Authorised Users") use the Service on your behalf. Your employees may also use the CromaHR mobile app and employee self-service ("Employee Users"). You are responsible for all Authorised Users and Employee Users you give access to. Employee Users are not parties to these Terms, and their use of the Service on your behalf does not create a contract between them and us.
These Terms incorporate the CromaHR Privacy Policy, the CromaHR Mobile App Privacy Policy and the Data Processing Terms in Section 7. If documents conflict, this order applies: (a) a signed order form or written agreement, but only for terms it expressly says override these Terms; (b) the Data Processing Terms in Section 7, on matters of personal data; (c) the rest of these Terms; (d) the privacy policies.
You must give accurate and complete information when you register and keep it up to date. Authorised Users must be at least 18 years old and legally able to act for you.
You are responsible for keeping login credentials confidential, for setting appropriate user roles and permissions, and for all activity under your account. You must remove access promptly for anyone who leaves or no longer needs it. Tell us immediately if you suspect unauthorised access. We are not liable for loss caused by credentials being shared, misused or not kept secure by you or your users.
You decide which employees receive access to the mobile app or employee self-service, and which features are switched on for them. Before giving access, you must tell your employees how their data will be processed, as your local law requires, and obtain any consent the law requires. Where you employ workers under 18, you are responsible for obtaining any consent needed before they use the Service.
The CromaHR mobile app is downloaded from third-party app stores such as Google Play. The app store operator is not a party to these Terms and has no responsibility for the app or its support. The app store's own terms also apply to the download. We may require users to install updates to continue using the app.
Leave requests, expense claims, attendance records and other content submitted by your users are your responsibility. Location-based attendance, where you enable it, confirms a device's position at a moment in time. It is a tool to support your attendance decisions, not a guarantee of where a person was or what they did.
Subject to these Terms and payment of the fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to use the Service for your own internal business purposes during your subscription.
You must not, and must not allow anyone else to:
You must not use the Service to:
If we reasonably believe you or your users have breached this Section 3, we may remove the content concerned or suspend access under Section 12. Where we can, we will tell you first and give you a chance to fix the problem.
Fees depend on your plan, add-ons and the number of employees processed in each billing cycle, as set out on our pricing page or your order form. If you process more employees than your plan covers, we will charge for the additional employees at your plan's rate.
Subscriptions renew automatically for the same period (monthly or annual) unless either party gives notice of non-renewal before the end of the current period. We will remind annual subscribers at least 30 days before renewal.
Fees are quoted in United States dollars. We may invoice in local currency at the exchange rate on the invoice date. Payment is due within the period stated on the invoice, or in advance for card and mobile money payments. You are responsible for bank, transfer and mobile money charges on your side.
Fees exclude value added tax, sales tax and similar taxes, which we will add where the law requires. If the law requires you to withhold tax from a payment to us, you must pay us an additional amount so that we receive the full fee after withholding, unless your order form says otherwise, and you must send us the withholding tax certificate promptly.
If an amount is unpaid 14 days after its due date, we may send you a written notice. If it remains unpaid 14 days after that notice, we may suspend the Service under Section 12. Suspension does not stop fees from accruing. We may charge interest on overdue amounts at 1% per month, or the maximum rate the law allows if lower, and recover reasonable costs of collection.
We may change our fees by giving at least 30 days' notice. Changes apply from your next renewal, never during a paid annual term. If you do not accept a change, you may give notice of non-renewal before it takes effect.
Fees are non-refundable, including for partial billing periods, except where these Terms or the law say otherwise.
We may offer a free trial at our discretion, which may be limited in features, duration or number of employees. We may change or end a trial at any time. During a trial the Service is provided "as is", without any warranty or service commitment, and our total liability for the trial is limited to US$100. Do not run a live payroll on a trial account unless you have checked every result yourself. If you do not convert to a paid plan, you can ask us to export your trial data within 30 days of the trial ending, after which we may delete it.
You are the employer of your employees and remain legally responsible for paying them, for employment decisions, and for meeting your tax, social security, health insurance, pension, levy and filing obligations in every country where you employ people. The Service is a tool that helps you meet those obligations. It does not transfer them to us.
| Responsibility | Customer | Croma Interactive |
|---|---|---|
| Accurate, complete and timely inputs (new hires, pay changes, allowances, leave, leavers, bank details) | Yes | No |
| Configuring the Service for your organisation (pay elements, pension and benefit schemes, approval rules) | Yes | Supports on request |
| Statutory rates and rules built into the Service for supported countries | Reviews | Yes |
| Reviewing and approving each payroll run before it is finalised | Yes | No |
| Making payments to employees and to authorities | Yes, unless the Outsourcing Service covers it | Only under Section 6 |
| Filing returns by the deadline | Yes, unless the Outsourcing Service covers it | Only under Section 6 |
| Correcting calculation errors caused by the Service | Tells us promptly | Yes, under Section 5.4 |
For the countries listed as supported on our website, we will use reasonable efforts to update statutory rates and rules in the Service by the date the change takes legal effect, where the change is officially published at least 14 days before that date. Where a change is published later, or is unclear, we will update the Service as soon as reasonably practicable and tell you what interim steps to take. Rules outside the statutory payroll calculations, such as collective agreements, sector minimum wages or your own policies, are your responsibility to configure.
If a statutory calculation in the Service is wrong because of an error in the Service, and the error was not caused by your inputs, configuration or failure to follow our notices, we will correct the Service and help you prepare corrected calculations and returns at no charge. We will also reimburse statutory penalties and interest that you incur as a direct result of that error, subject to Section 10 and on condition that you: (a) told us within 30 days of becoming aware of the error; (b) took reasonable steps to limit the penalty, including filing corrections promptly; and (c) give us the penalty notice and the information we reasonably request. This Section 5.4 is our only obligation, and your only remedy, for statutory calculation errors.
We do not give legal, tax, accounting or employment advice. Guidance, calculators, templates and articles we provide are general information. You should take professional advice on your particular situation.
This Section applies only where your order form says we will run payroll for you (the "Outsourcing Service").
We will carry out the tasks listed in your order form, which may include running payroll, generating payslips, preparing statutory returns and preparing payment files, for the countries and entities named there. Anything not listed is outside scope.
We will agree a payroll calendar with you. You must send complete inputs by the input cut-off date and approve each run by the approval deadline. If inputs or approval arrive late, we will use reasonable efforts to meet the pay date, but we are not responsible for late payment, late filing or penalties caused by the delay.
Where we prepare payment or filing instructions, you must make sure there are enough cleared funds in your accounts and that payments are released on time. We do not hold your funds, and we are not responsible for payments that fail because of insufficient funds, rejected instructions or the systems of banks, mobile money providers or authorities.
Where the Outsourcing Service includes filing, we will file returns approved by you through the authority's official channels, using credentials you provide and authorise us to use. You must keep those credentials valid. We are not responsible for delays or failures caused by government portal outages, but we will tell you promptly and help you file by another available route.
We will perform the Outsourcing Service with reasonable skill and care, in line with the law of each country covered. Section 5.4 applies to errors we make in performing it.
We act only as your service provider. We are not the employer, employer of record or agent of your employees for any purpose, unless a separate written agreement says so.
You own the data you and your users put into the Service, including employee records, payroll data and documents ("Customer Data"). You grant us a licence to host, copy, process and display Customer Data only as needed to provide, secure and support the Service, and as the law requires.
For personal data in Customer Data, you are the data controller (or "responsible party") and we are your data processor (or "operator"). These Data Processing Terms apply to that personal data, and are intended to meet the processor contract requirements of the data protection laws of Ghana, Kenya, Liberia, Nigeria, Rwanda, South Africa, Tanzania, Uganda, Zambia and any other country where you use the Service.
You are responsible for having a lawful basis for the processing you instruct, giving employees the notices the law requires, obtaining any required consent, registering with your data protection authority where required, and the accuracy of Customer Data. You confirm that your instructions comply with the law.
We will:
The Service is hosted on Google Cloud Platform (GCP), with DNS resolution provided by Google Cloud DNS. Customer Data may be hosted and processed outside your country on GCP infrastructure. We will transfer it only in compliance with the applicable law, using an adequacy decision, approved contractual safeguards, regulator authorisation or another lawful ground. Where a country's law requires local storage or prior authorisation, such as Rwanda, the Service will not store that country's Customer Data outside it until the requirement is met. You must tell us before onboarding employees in a country with such rules.
You may audit our compliance with this Section once a year, on at least 30 days' written notice, during business hours and at your cost, by reviewing our policies, independent assessment reports or questionnaire responses. On-site audits are limited to cases where a regulator requires one or a personal data breach makes it reasonably necessary.
We may collect technical and usage data about how the Service is used, and use it, in aggregated or de-identified form that does not identify you or any person, to operate, secure and improve the Service. We act as controller for that data, as set out in our privacy policies.
We back up the Service regularly, but you are responsible for keeping your own copies of payslips, returns and records that the law requires you to keep, using the export tools in the Service.
We and our licensors own the Service, including its software, design, content, statutory rule sets, documentation, trademarks and all improvements to them. These Terms do not transfer any of these rights to you, except the licence in Section 3.1.
If you give us suggestions or feedback, we may use them without restriction or payment. You do not have to give feedback.
We aim to keep the Service available at all times, but we do not guarantee that it will be uninterrupted or error-free. We will try to carry out planned maintenance outside business hours in East Africa and give at least 48 hours' notice of planned downtime expected to last more than 2 hours. Any service level commitment applies only if it is set out in your order form.
Support is available during business hours by email, phone and WhatsApp. Response times depend on your plan. Issues that stop a payroll run are prioritised.
We may update and improve the Service. We will not make a change that materially reduces the core payroll, HR or statutory features of your plan during a paid term without giving you at least 30 days' notice and the right to terminate with a pro-rata refund of prepaid fees.
The Service may connect to services we do not control, such as government tax and social security portals, banks, mobile money providers, app stores and integrations you choose to enable. We are not responsible for those services, their availability or their changes, and your use of them is governed by their own terms.
Each party will keep the other's non-public information, including Customer Data, pricing, technical details and business plans, confidential. It will use that information only to perform these Terms and will share it only with its staff, advisers and service providers who need it and are bound by confidentiality. This does not apply to information that is public through no fault of the receiving party, was already lawfully known to it, or is independently developed. A party may disclose information where the law, a court or a regulator requires it, after giving the other party notice where lawful. These obligations last during the subscription and for five years afterwards, and for trade secrets and personal data, for as long as they remain protected by law.
We warrant that the paid Service will perform materially in line with its documentation, and that we will provide it with reasonable skill and care. If it does not, you must tell us within 30 days, and we will use reasonable efforts to fix the problem. If we cannot do so within a reasonable time, either party may terminate the affected Service and we will refund prepaid fees for the remaining period. Together with Section 5.4, this is your only remedy for breach of this warranty.
You warrant that you have the right to provide Customer Data to us and to instruct the processing in these Terms, and that your use of the Service complies with the law.
Except as expressly set out in these Terms, the Service is provided "as is" and "as available". To the extent the law allows, we exclude all other warranties, conditions and terms, whether express or implied, including those of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. We do not warrant that the Service will meet every requirement of your organisation, or that it will be free of all errors.
To the extent the law allows, neither party is liable to the other for any loss of profit, revenue, business, goodwill or anticipated savings, or any indirect, consequential, special or punitive loss, however caused, even if it was foreseeable.
To the extent the law allows, each party's total liability arising out of or in connection with these Terms in any 12-month period, whether in contract, negligence or otherwise, is limited to the fees paid and payable by you for the Service in the 12 months before the event giving rise to the claim. This cap includes any reimbursement under Section 5.4.
Sections 10.1 and 10.2 do not limit: (a) your obligation to pay fees; (b) your liability under Section 3 or Section 11.1; (c) either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation; or (d) any other liability that cannot be limited or excluded by law.
Our liability is reduced to the extent a loss was caused or contributed to by you, your users, inaccurate or late inputs, your configuration, failure to review and approve results, or failure to follow our notices.
You will defend and indemnify us, our officers, directors and staff against third-party claims, fines and penalties, including reasonable legal fees, arising from: (a) Customer Data, or your processing instructions, breaching the law or anyone's rights; (b) your employment decisions or your relationship with your employees; or (c) your or your users' breach of Section 3.
We will defend you against a third-party claim that your authorised use of the Service infringes that party's intellectual property rights, and pay damages finally awarded or agreed in settlement. This does not apply where the claim arises from Customer Data, your modifications, combination with things we did not supply, or use in breach of these Terms. If such a claim is made, we may modify the Service, obtain a licence, or terminate the affected Service and refund prepaid fees for the remaining period. This Section 11.2 is your only remedy for intellectual property infringement claims.
The party seeking an indemnity must tell the other party promptly, give it sole control of the defence and settlement (a settlement may not admit fault for the indemnified party without its consent), and give reasonable help at the indemnifying party's cost.
These Terms apply from when you accept them until all subscriptions have ended and Section 12.6 has been completed.
You may give notice of non-renewal at any time in the Service or in writing. Your subscription continues until the end of the current paid period.
We may suspend all or part of the Service, limited to what is reasonably necessary, if: (a) fees are unpaid as described in Section 4.5; (b) we reasonably believe there is a breach of Section 3; (c) suspension is needed to prevent a security threat or harm to the Service or others; or (d) the law or a regulator requires it. Except in an emergency or where the law forbids it, we will give you notice and a reasonable chance to fix the problem first. During any suspension for non-payment, we will keep your administrators able to view and export payslips and statutory records, so that you can still meet your legal obligations. We will restore the Service promptly once the reason is resolved.
Either party may terminate these Terms by written notice if the other: (a) materially breaches them and does not fix the breach within 30 days of written notice; or (b) becomes insolvent, enters administration, liquidation or a similar process, or stops doing business.
When the subscription ends, your right to use the Service stops, all unpaid fees become due, and any refund owed under these Terms is paid. If you terminate under Section 12.4, we will refund prepaid fees for the period after termination.
For 30 days after the subscription ends, you may export your Customer Data using the Service's export tools or by asking us. After that period, we will delete Customer Data within 90 days, except where the law requires us to keep it, in which case we will keep it secure and use it only for that purpose. It is your responsibility to export and keep the records the law requires you to keep before the export period ends.
Sections that by their nature should continue after termination continue, including Sections 4 (for unpaid fees), 5.4, 7, 8.7, 9.3, 10, 11, 12.6, 14 and 15.
We may update these Terms. We will give at least 30 days' notice of material changes by email or in the Service, unless a change is required sooner by law, in which case we will give as much notice as we can. If a material change adversely affects you during a paid term, you may terminate the affected subscription by notice before the change takes effect and receive a pro-rata refund of prepaid fees. Otherwise, the updated Terms apply from their effective date.
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, epidemics, war, civil unrest, government action, widespread internet, power or telecommunications failure, failure of government portals, or failure of a third-party hosting provider not caused by the affected party. The affected party must tell the other promptly and take reasonable steps to limit the effect. This Section does not excuse payment obligations. If the event continues for more than 60 days, either party may terminate the affected Service by notice, and we will refund prepaid fees for the remaining period.
These Terms, and any dispute arising from them, are governed by the laws of the Republic of Kenya. This does not affect the data protection, employment or other mandatory laws that apply to your organisation in the countries where you operate.
The parties will first try to resolve any dispute through good-faith negotiation between senior representatives. If it is not resolved within 30 days of a written notice of dispute, either party may refer it to mediation administered by the Nairobi Centre for International Arbitration (NCIA).
If the dispute is not resolved within 60 days of the referral to mediation, it will be finally resolved by arbitration under the NCIA Arbitration Rules in force at the time, by a sole arbitrator. The seat of arbitration is Nairobi, Kenya, the Arbitration Act, 1995 (No. 4 of 1995) applies, and the language is English. The award is final and binding and may be enforced in any court with jurisdiction.
Nothing in this Section stops either party from seeking urgent injunctive relief from any competent court, or stops us from recovering undisputed unpaid fees in the courts of the country where you are established.
These Terms, the documents listed in Section 1.5 and any order form are the entire agreement between the parties about the Service. Neither party relies on any statement not set out in them, but this does not limit liability for fraud.
You may not assign or transfer these Terms without our written consent, which we will not unreasonably withhold. We may assign them to a group company or to a successor of our business on notice to you. We may use subcontractors, and we remain responsible for their performance.
Each party will comply with the anti-bribery, anti-corruption and sanctions laws that apply to it in connection with these Terms.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
No one other than the parties has any right to enforce these Terms, including Employee Users and app store operators.
If any provision is found unenforceable, it will be modified to the minimum extent needed to make it enforceable, and the rest will continue in force. A failure or delay in enforcing a right is not a waiver of it.
We may give notices by email to your account administrator's address or in the Service. You must give legal notices to us by email to legal@cromainteractive.com, with a copy by post or courier to our registered office. A notice by email is received on the next business day after it is sent, unless the sender receives a delivery failure message.
These Terms are written in English, which prevails over any translation. They may be accepted electronically, and electronic acceptance has the same effect as a signature.
Croma Interactive Limited
Piano House, 8th Floor, Brookside Drive, Westlands, Nairobi, Kenya
Phone and WhatsApp: +254 710 886 611