YOUR USE OF THE PROPRIETARY BAMBOOHR® SERVICE OFFERED AT BAMBOOHR.COM (THE “SERVICE”), IS SUBJECT TO THESE TERMS OF SERVICE. IN ORDER TO USE THE SERVICE, YOU MUST AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“AGREEMENT”) WITH BAMBOO HR LLC (“BAMBOOHR”). IF YOU DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICE.

The BambooHR® Privacy Policy (available here) is incorporated herein by reference. This Agreement governs your use of the Service however accessed, including via an Internet browser, smartphone, tablet, or other mobile device.

By signing up for the Service on behalf of a Client, you confirm that (a) you are duly authorized to represent the entity, (b) you accept the terms of this Agreement on behalf of such entity, and (c) any references to “you” in this Agreement refer to such entity and all of its employees, consultants and agents. You are responsible for all activity on the Service that occurs under your account.

1.1 The BambooHR® Service may include additional services that you subscribe to receive specifically from or through BambooHR (“Additional Services”). Some of these Additional Services have specific additional terms that apply to your use of those Additional Services (the “Additional Terms”), and those Additional Terms become part of this Agreement. In the event an Additional Term directly conflicts with any term in this Agreement, the Additional Term will apply to your use of the Additional Services instead of the term contained in this Agreement.

2.1 This Agreement will remain in effect as long as you have an active subscription for the Service (the “Term”). If you elect to use the Service for a free trial period, and do not purchase a subscription before the end of such period, this Agreement will expire at the end of the free trial period.

2.2 Subscriptions purchased by you commence on the start date specified when you complete the initial payment process and continue for the subscription term selected at the time of payment. If you add an additional subscription for a new BambooHR® service or module at a later date, the new service will commence on the start date specified at the time you added the new service and continue for the subscription term selected at that time. Subscriptions automatically renew, as described in Section 5.1.

2.3 You are solely responsible for the proper cancellation of your subscription. You may cancel your subscription at any time by emailing [email protected] or calling 1-866-387-9595.

2.4 BambooHR may suspend your access to the Service and terminate this Agreement and your use of the Service at any time in the event you materially breach this Agreement (including failure to pay, which may occur if your credit card cannot be charged) and you do not cure such breach within 30 days of BambooHR providing you with written notice of such breach (including notice by email), or earlier if a specific subscription or Additional Terms provides otherwise. Notwithstanding the foregoing, BambooHR may immediately suspend or terminate your access to the Service without liability if you are in violation of Sections 4.1, 4.5 or 13 of this Agreement, as determined by BambooHR in its sole discretion. BambooHR may also downgrade, suspend or terminate your access to the Service without liability, after providing you with 30 days’ advance written notice, if (a) you fail to affirmatively agree to material modifications of this Agreement pursuant to Section 3.1 below, or (b) you do not log in to or otherwise use the Service for a period of 180 days or more if you have a paid account and for a period of 60 days or more if you have a free account. For instances other than non-payment or violation of Section 4.1, in the event you cancel one or more of your subscriptions or this Agreement is terminated by BambooHR or you, BambooHR will refund to you any prepaid fees covering any period of the Term remaining after the effective date of termination for all such subscriptions, except that no refunds will be granted for the then-current month. Notice via email from BambooHR will be sent to you at the email address you have provided to us. BambooHR reserves the right to manage its client profile, the risks it will assume, the industries it will serve, and the locations where it will do business, including choosing to not provide services to certain groups parties, industries, or companies in certain countries, in its sole discretion.

2.5 In the event your subscription is terminated, other than in instances where it is terminated by BambooHR for your nonpayment or violation of Sections 4.1 or 13, you will continue to have the ability to download the information provided, inputted or uploaded to your databases in the BambooHR® Service by you or on your behalf (“Data”) for 30 days after the effective date of expiration or termination of your subscription. After such 30-day period or if your subscription is terminated due to your nonpayment or violation of Section 4.1, BambooHR shall have no obligation to maintain any Data and shall thereafter, unless legally prohibited to do so, or required pursuant to Additional Terms, delete all of your Data contained in the BambooHR® Service.

3.1 The Service may be made available in free or paid versions at different levels. Not all features and functionality of the Service may be available in each version or level. BambooHR reserves the right, in its sole discretion, to modify, add, or remove portions and/or functionality of the Service on a temporary or permanent basis, without liability to you or any third party.

3.2 BambooHR may modify or update this Agreement at any time. In the event BambooHR determines it is necessary to make a material modification to this Agreement, you will be notified of such change and asked to affirmatively agree to such modified version of the Agreement. Note, however, that your use of the Service after modifications to the Agreement become effective constitutes your binding acceptance of such changes. You may review the most current version of this Agreement at: https://www.bamboohr.com/terms-of-service/.

3.3 If you are dissatisfied with the terms of this Agreement or any modifications to this Agreement or the Service, you agree that your sole and exclusive remedy is to terminate your subscription and discontinue any use of the Service.

  • 1) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, threatening, abusive, hateful, contains viruses, or is otherwise objectionable as reasonably determined by BambooHR;
  • 2) use the Service for any fraudulent or inappropriate purpose, or in a manner for which it is not intended to be used (as determined by BambooHR in its sole discretion);
  • 3) attempt to decipher, decompile, delete, alter or reverse engineer any of the Software;
  • 4) duplicate, make derivative works of, reproduce or exploit any part of the Service without the express written permission of BambooHR;
  • 5) use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service other than copying or exporting of the Data as contemplated in the documentation; or

4.2 BambooHR shall: (i) provide you with basic support in connection with your use of the Service at no additional charge, and with upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for: (a) planned downtime (which BambooHR shall schedule to the extent practicable after business hours Mountain Daylight Time on Thursdays), (b) any unavailability caused by circumstances beyond BambooHR’s reasonable control, including acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), Internet service provider failures or delays, or denial of service attacks, or (c) as necessary to update the Service to ensure its security and integrity and (iii) provide the Service only in accordance with Applicable Law. BambooHR’s hours for basic support are 6:00 a.m. to 6:00 p.m., Mountain Daylight Time, on weekdays, in the English language via telephone, email and chat. Also, while BambooHR would like to offer the Service in a manner that accommodates all customers in their native language, this is not practical considering the constant updating we do with our Service, the vast number of languages spoken and read in the world, and the localizations that would be required. BambooHR therefore provides much of its Service in English, with limited adaptations to certain major languages, which adaptations are made in its sole discretion.

4.3 BambooHR shall maintain commercially reasonable administrative, physical, and technical safeguards for protection of the Service, and the security of your Data. BambooHR shall not (a) disclose your Data except as compelled by Applicable Law or as you expressly authorize in writing, or (b) access your Data except to provide the Service and prevent or address service or technical problems, or at your express request in connection with customer support matters. In the event BambooHR is compelled by Applicable Law to disclose your Data, we will provide you with notice thereof, (in advance, if possible) if permitted by Applicable Law.

4.4 You are solely responsible for your Data, and all uses of your Data that occur through your account.

4.5 IF YOU CHOOSE TO USE AND PAY FOR A TEST ACCOUNT (A LIMITED TIME AND USAGE BAMBOOHR ACCOUNT USED FOR TESTING THE SERVICE), YOU AGREE THAT YOUR TEST ACCOUNT WILL NOT BE USED WITH LIVE OR REAL DATA AND ACCEPT THAT BAMBOOHR MAKES NO WARRANTIES OR GUARANTEES REGARDING THAT ACCOUNT.

4.6 If you integrate with BambooHR using our API, you must use efficient programming, which will not cause an excessive number of requests to be made in too short a period of time, as-determined solely by BambooHR. If this occurs, BambooHR reserves the right to throttle your API connections or suspend or terminate your BambooHR account.

Bamboo HR LLC
ATTN: Corporate Counsel
335 South 560 West
Lindon, UT 84042-1911

BambooHR® is a registered trademark of Bamboo HR LLC. © Bamboo HR LLC 2019. All rights reserved.