BAMBOO HR Terms of Service

Revision Date: April 20, 2010

Before registering with BAMBOOHR, you must read and agree to this Terms of Service ("TOS"). By using the BAMBOOHR services (the "Service"), you agree to be bound by the TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by Bamboo HR, LLC ("BambooHR") and you ("Customer").

BambooHR may, in its sole discretion, revise or modify these TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on the BambooHR website, or by electronic or conventional mail, or by any other means by which Customer obtains notice thereof. Continued use of the Service after any such changes shall constitute your consent to such changes. Unless explicitly stated otherwise, any new features that enhance or augment the current Service shall be subject to the TOS. You can review the most current version of the TOS at any time at: http://www.bamboohr.com/terms.php

  1. Description of Service. BAMBOOHR is a web-based human resource application from BambooHR (the "Service"). Your use of the Service is at your sole risk. The service is provided on an AS AVAILABLE and AS IS basis. BambooHR disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service.

  2. Eligibility. You must be at least thirteen (13) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. BambooHR reserves the right to refuse service to anyone at any time without notice for any reason.

  3. Proper Use. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:

    • use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by BambooHR.

    • use the Service for any fraudulent or inappropriate purpose;

    • resell, duplicate, reproduce or exploit any part of the Service without the express written permission of BambooHR.

    • use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.

  1. Payment Terms.

    • Monthly Terms: A valid credit card is required for you to continue using the Service after the 30-day free trial period on a month-to-month basis. The free trial offer entitles new, registered users to a one-time free trial usage of the Services. The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account.

All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

  1. Modification to Fees and Services. BambooHR reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. BambooHR reserves the right to change Service fees upon 15 days notice from us. Such notice may be provided at any time by posting the changes to the BambooHR Site (www.bamboohr.com) or the Service itself.

  2. Cancellation and Termination. You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by logging into your account, accessing your billing information, and clicking on the cancel account link. An email or phone request to cancel your account is not considered cancellation. There will be no refund if you cancel the Service before the end of your current, paid-up month, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all of your Content will be immediately deleted from the Service upon cancellation. BambooHR may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

  3. Intellectual Property Rights. You acknowledge that BambooHR owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. BambooHR claims no intellectual property rights over the material you provide to the Service.


    You retain all right, title and interest to any and all information provided, inputted or uploaded to the BambooHR by You, or by BambooHR on Your behalf. BambooHR has no right, title or interest in any personally identifiable information related to Your data. BambooHR shall retain all right, title and interest in and to the Software, Services, the documentation for the Software, and all modifications and/or enhancements to the Software, regardless of the source of inspiration for any such enhancement or modification and regardless of whether You have provided input regarding such modifications and/or enhancements. You acknowledge that BambooHR will retain all right, title and interest to transactional and performance data related to use of the Software which BambooHR may collect, use and disclose for its business purposes (including software use optimization and product marketing) provided that such use does not reveal Your identity, any of Your Confidential Information or any personally identifiable candidate information that belongs to You. Custom developed documents, designs, computer programs, computer documentation and other tangible materials authored or prepared for You by BambooHR ("Deliverables") as required by a statement of work are hereby licensed, solely for Your internal use, for the term of this Agreement. BambooHR retains ownership and may reuse any Deliverables, provided that such use does not reveal Your identity or Your Confidential Information.

  4. Publicity. If You become subscriber of the Service, you agree that BambooHR can disclose the fact that you are a paying customer. During the term of this Agreement, and unless otherwise set forth, You grant BambooHR the right to reference You, along with Your logo, in marketing materials and on BambooHR’s public web site until such time as Your use of the Service is discontinued.

  5. Warranties and Liability. BambooHR does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate. The Services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that BambooHR shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BambooHR has been advised of the possibility of such damages), resulting from your usage of the Service.

  6. Indemnification. You agree to hold harmless and indemnify BambooHR, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BambooHR will provide you with written notice of such claim, suit or action.

The failure of BambooHR to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and BambooHR and govern your use of the Service, superceding any prior agreements between you and BambooHR (including, but not limited to, any prior versions of the TOS).


If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact BambooHR at tos at bamboohr dot com.