The BambooHR® General Privacy Notice, California Privacy Notice, and the Data Processing Agreement (DPA), are incorporated herein by reference. This Agreement governs your use of the Service however accessed, including via an internet browser, smartphone, tablet, or other internet connected device.

By signing up for the Service on behalf of a client of BambooHR, you confirm that (a) you are duly authorized to represent the legal entity under which the client operates and any affiliates of the client who will be using the Service under the client, (b) you accept the terms of this Agreement on behalf of such legal entity and its affiliates, and (c) any references to “you” in this Agreement refer to such legal entity, its affiliates and all of the employees, consultants and agents of those respective parties. 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 directly 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. For the avoidance of doubt, any reference to the Service in this Agreement will include the Additional Services.

2.1 Term. This Agreement will remain in effect (a) for as long as you have an active subscription for the Service or (b) if you elect to use the Service for a free trial period, and do not purchase a subscription before the end of such period, until the end of the free trial period (the "Term").

2.2 Start Date and Renewal. Subscriptions purchased by you commence on the start date specified when you complete the initial payment process and continue until terminated. 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 add the new service and continue until terminated. Subscriptions automatically renew, as described in Section 5.1. If you would like a separate instance of the Service for an affiliate, that affiliate must purchase its own subscription to the Service and separately accept this Agreement.

2.3 Cancellation. You are solely responsible for the proper cancellation of your subscription. You may cancel your subscription at any time by clicking ‘Cancel BambooHR Account’ under the gear icon on the Billing tab in Settings.

2.4 Suspension and Termination of Service. 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, 4.6, 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 Sections 4.1 or 13, 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 that would have covered any future months of your month-to-month subscription after the effective date of termination for all such subscriptions, except that no refunds will be granted for the then-current month. See Section 5.2 for further details. 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, companies, or in certain countries, in its sole discretion.

2.5 Data Downloads and Deletion. 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 Sections 4.1 or 13, 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. If you subscribe to the “BambooHR® Payroll Service”, also known as TRAXPayroll® as described in section 15.2, BambooHR may maintain your payroll data or other Data for 10 years, as is necessary to fulfill the legal and tax requirements for its payroll services, from the time that it provides a specific payroll service to you or files taxes on your behalf.

2.6 Beta Service. You may be provided an opportunity to participate in beta or early access programs that are integrated into or are separate from the Service (“Beta Service”). By opting-in to a Beta Service, BambooHR grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license right to access and use the Beta Service. You agree that (a) Beta Services are made available to you on an “as is” and “as available” basis and may contain errors, omissions, bugs, and similar inconsistencies and (b) BambooHR has no obligation to correct any such errors. BambooHR reserves the right to modify or terminate your use of any Beta Service at any time in our sole discretion. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF A BETA SERVICE. Additionally, by opting-in to use a Beta Service, you agree to provide feedback regarding your experience with the Beta Service, upon our reasonable request. If, at any time and for any reason, you choose to opt-out of our communications regarding a Beta Service, you acknowledge and agree that we may terminate your use of the Beta Service.

3.1 Levels of Service. 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 Modification of Agreement. BambooHR may modify or update this Agreement at any time for reasons such as, but not limited to, (a) accounting for changes in laws that are applicable to our Service (b) clarifying any wording or terms (c) accounting for new products or services (d) preventing or addressing any abuse of Services offered etc. In the event BambooHR determines it is necessary to make a material modification to this Agreement, you will be provided with 30 days’ notice of such change and asked to affirmatively agree to such modified version of the Agreement. Failure to accept the material modifications may result in termination or suspension of your access to the Service as described in Section 2.4. 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:

3.3 Exclusive Remedy. 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 use of the Service.

  • to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, fraudulent, obscene, threatening, abusive, hateful, contains viruses, or is otherwise objectionable as reasonably determined by BambooHR;
  • 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);
  • to attempt to decipher, decompile, delete, alter or reverse engineer any of the Software;
  • to penetration test, hack or otherwise attempt to test the security of the Software or Service;
  • to duplicate, make derivative works of, reproduce or exploit any part of the Service without the express written permission of BambooHR;
  • with 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 Support. BambooHR shall: (a) provide you with basic support in connection with your use of the Service at no additional charge, and with upgraded support if purchased separately, (b) use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for: (i) planned downtime , (ii) any unavailability caused by circumstances beyond BambooHR’s or its subcontractors reasonable control, including, but not limited to, acts of God, acts of government, floods, fires, earthquakes, pandemics, 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 (iii) as necessary to update the Service to ensure its security and integrity, and (c) 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 Time, on weekdays, in the English language. 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 Privacy and Security Safeguards. 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 for any purpose other than to provide the Service except as compelled by Applicable Law or as you expressly authorize in writing or as otherwise provided in our General Privacy Notice or California Privacy Notice, or (b) access your Data except to provide the Service and prevent or address service or technical problems, at your express request in connection with customer support matters, or as provided in our General Privacy Notice or California Privacy Notice. In the event BambooHR is compelled by Applicable Law to disclose your Data, we will provide you with reasonable notice thereof, (in advance, if possible) if permitted by Applicable Law.

4.4 Your Responsibility. You are solely responsible for your Data, and all uses of your Data that occur through your account or any actions taken by your employees, admins, consultants, agents etc. in your account. Access credentials are for use only by you and by your authorized users, in each case in connection with your use of the Service, and you may not sell, transfer, share, or sublicense access credentials to any other person, or permit any other person to do so. You shall maintain the confidentiality of your access credentials and may not transfer them to or allow them to be used by any third party, other than by your authorized users in connection with the use of the Services. If BambooHR believes access credentials have been compromised or misused, BambooHR may change any or all access credentials or suspend your account.

4.5 You acknowledge that you retain administrative control as to who is granted access to your account with the Service. Each account is controlled by an account owner tied to a specific email address and may also have one or more admins and/or billing admins to help manage the account. BambooHR is entitled to rely on communications from the account owner and admins when servicing your account. If a person within your organization requests a change to the account owner, we will attempt to contact the account owner for consent, but to the extent that the account owner does not respond to our communications or is otherwise unavailable, we will transfer the account owner based on our own internal verification methods and at our sole discretion.


4.7 API Integration. 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
BambooHR Payroll LLC
ATTN: Legal
335 South 560 West
Lindon, UT 84042-1911

BambooHR® is a registered trademark of Bamboo HR LLC. © Bamboo HR LLC 2020. All rights reserved.