Terms Of Service

1. Account

You do not need a myHR account to browse the myHR Site. However, to deploy any Services for your company, you must create a myHR account (“Account”) and agree to the myHR Member Agreement, which governs your use of the Services.

2. Content

The myHR Site includes content provided by myHR (“myHR Content”) and content uploaded, posted, submitted, or otherwise transmitted by you and other users of the myHR Site (“User Content”).

1. All myHR Content is either owned by or licensed to myHR, and is protected by copyright and other intellectual property rights under European and international laws. myHR Content is provided to you “AS IS” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without the prior written consent of the respective owners. myHR reserves all rights not expressly granted in and to the myHR Content.

   You agree not to engage in the use, copying, or distribution of any myHR Content except as explicitly permitted herein. If you download or print any myHR Content for personal use, you must retain all copyright and other proprietary notices.

   You agree not to circumvent, disable, or otherwise interfere with security-related features of the myHR Site or features that prevent or restrict the use or copying of any myHR Content or enforce limitations on the use of the myHR Site or myHR Content.

2. You retain all rights in any User Content that you provide to the myHR Site. You are solely responsible for your User Content and the consequences of posting or publishing it. You grant myHR a non-exclusive, worldwide, royalty-free, sublicensable, perpetual, and irrevocable right and license to store and access your User Content in connection with the operation of the myHR Site. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions, and releases to grant the foregoing licenses.

3. myHR does not guarantee that any myHR Content or User Content will be available on the myHR Site at all times. WHILE MYHR IS UNDER NO OBLIGATION TO DO SO, MYHR RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE MYHR SITE WITHOUT NOTICE, AND FOR ANY REASON MYHR DEEMS SUFFICIENT. myHR is not responsible for monitoring any User Content and is not liable for the accuracy, completeness, appropriateness, legality, or applicability of such content or anything said, depicted, or written by myHR Site users, including any information obtained through the myHR Site or Services.

   myHR does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against myHR with respect thereto.

3. Obligations of myHR Site Users

The myHR Site may be used and accessed for lawful purposes only. You agree to comply with all applicable local, state, national, and international laws, treaties, and regulations in connection with your use of the myHR Site. Additionally, without limitation, you agree that you will not do any of the following while using or accessing the myHR Site:

1. Upload, post, submit, or otherwise transmit any User Content:

   1. To which you do not have the lawful right to copy, transmit, and display;

   2. That infringes on any third party’s intellectual property rights (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right or moral right or right of publicity);

   3. That is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains symbols of hate, invades the privacy of any third party, contains pornography, erotica, child pornography, or child erotica, is deceptive, threatening, abusive, inciting unlawful action, defamatory, vulgar, or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of myHR;

   4. That includes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of unsolicited or unauthorized solicitation;

   5. That contains a software virus or any other computer code, files, or programs designed to (A) interrupt, destroy, or limit the functionality of any computer software; or (B) interfere with the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the myHR Site; or

   6. That includes code hidden or otherwise surreptitiously contained within the images, audio, or video of any User Content that is unrelated to the immediate, aesthetic nature of the User Content.

2. Circumvent, disable, or otherwise interfere with security-related features of the myHR Site or features that prevent or restrict use or copying of any content;

3. Use any meta tags or other hidden text or metadata utilizing a myHR trademark or logo, URL, or product name;

4. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the myHR Site to send altered, deceptive, or false source-identifying information;

5. Tamper with, interfere with, or disrupt (or attempt to do so) the availability of any aspect of the myHR Site or Services, any servers or networks connected to the myHR Site or Services, or the technical delivery systems of myHR or any myHR provider;

6. Attempt to probe, scan, or test the vulnerability of any myHR system or network or breach or impair or circumvent any security or authentication measures protecting the myHR Site or Services;

7. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the myHR Site or Services;

8. Attempt to access, search, or meta-search the myHR Site or Services with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by myHR or other generally available third-party web browsers;

9. Collect or store personal data about other myHR Site or Services users without their express permission;

10. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or other forms of social engineering, or otherwise commit fraud.

4. Termination or Modification

myHR reserves the right, at its sole discretion, to modify, discontinue, or terminate the myHR Site, or to modify or terminate these Terms of Service or the myHR Privacy Policy at any time without prior notice. If any modification is unacceptable to you, your sole remedy is to cease using the myHR Site. By continuing to use the myHR Site after any such modifications, you agree to be bound by the modified terms.

Without limiting other remedies, myHR may suspend or terminate your access to the myHR Site or Services, or remove your Account, at any time and without further notice if myHR determines, in its sole discretion, that you have violated any provision of these Terms of Service.

5. Billing and Refund Policy

5.1. Billing

myHR offers monthly and annual subscriptions for certain services. You will be automatically charged according to your selected subscription plan: once a month for a monthly subscription or once a year for an annual subscription. You may update your billing information, change your subscription plan, or contact myHR to cancel your subscription at any time. For services subject to a one-time (non-recurring) fee, you will be charged at the time of ordering.

5.2. Overdue Payment

If a charge to your payment method is declined, myHR may attempt additional charges. If payment continues to fail, myHR may display a billing issue notification when you sign in to your Account and notify you via email.

21 Days: If your Account balance remains unpaid for more than 21 days, myHR may suspend your and your users' access to the myHR Services. Full payment of your outstanding balance is required to regain access.

60 Days: If your Account balance remains unpaid for more than 60 days, myHR may block your and your users' access to the myHR Services and permanently delete your myHR Account without further notice. Once deleted, your Account cannot be recovered.

5.3. Cancellations

If you cancel your subscription, the cancellation will take effect at the end of your current billing cycle. This means myHR will not provide refunds for any unused portion of the Services. Example: If you chose a monthly subscription of myHR Services on July 1, your credit card will be charged on August 1 as usual. If you cancel on August 12, no further charges will be made, but you will not receive a refund for the period of August 13 through August 31. This cancellation policy applies to both monthly and annual subscription plans.

6. Indemnification

You agree to defend, indemnify, and hold harmless myHR, its affiliates, subsidiaries, and distribution partners, along with their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the myHR Site, myHR Content, or User Content; (ii) your violation of this Agreement; (iii) your violation of any third-party right, including any intellectual property, publicity, confidentiality, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party, including claims of infringement.

7. Disclaimer

THE MYHR SITE AND ALL CONTENT MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. MYHR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MYHR MAKES NO WARRANTY THAT THE MYHR SITE OR CONTENT WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Warranties and Limitation of Liability

8.1. Warranties

myHR represents, warrants, and covenants that: (a) the provision of the Service will comply with all applicable privacy and data protection laws; (b) it will not sell Personal Information provided by you, and will retain, disclose, or use such information only for the purpose of providing the Service; and (c) any professional services performed by myHR will be conducted in a professional and workmanlike manner, with the degree of skill and care required by sound professional practices.

8.2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE LIMITED WARRANTIES PROVIDED ABOVE, MYHR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MYHR DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

EXCEPT FOR (I) VIOLATION OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS, (II) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, OR (III) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (A) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, AND (B) THE AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER IS LIMITED TO THE FEES COLLECTED BY MYHR FROM YOU IN THE SIX MONTHS PRECEDING THE EVENT FROM WHICH THE LIABILITY AROSE. THESE LIMITATIONS APPLY EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

9. Force Majeure

myHR will not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to denial-of-service attacks, fires, floods, storms, acts of God, war, terrorism, governmental action, earthquakes, or internet connectivity issues experienced by major telecommunications providers or a myHR co-location facility, for the duration of such event and for a reasonable recovery period thereafter.

10. Consent to Electronic Notice

You consent to (a) the use of electronic means to complete these Terms of Service and deliver any notices under these Terms of Service, and (b) the use of electronic records to store information related to these Terms of Service or your use of the myHR Site or Services. Notices will be provided (x) by myHR via email (to the address you provide), (y) by a posting on the myHR Site, or (z) by you via email to legal@myhr.lu or to such other addresses as myHR may specify. The date of receipt will be deemed the date on which such notice is transmitted.

11. Third-Party Websites

The myHR Site may include links to third-party websites for reference purposes. We encourage you to review the terms of use for each third-party website you visit, including those linked to the myHR Site or deploying the Services.

Please note that myHR has no control over (and disclaims any responsibility or liability for) the content, privacy policies, activities, or practices of any third-party websites, including those deploying the Services, or any harms, injuries, or losses you may suffer as a result of using or accessing such websites.

12. Miscellaneous

If any provision of these Terms of Service is held to be invalid or unenforceable, the unenforceable part will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service are governed by and construed in accordance with the laws of Luxembourg, excluding its conflict of laws principles. Any legal action or proceeding arising under these Terms of Service will be brought exclusively in courts located in Luxembourg, and the parties irrevocably consent to the personal jurisdiction and venue therein.

These Terms of Service, along with the rules and policies of myHR incorporated herein by reference, constitute the entire agreement between myHR and you regarding your use of the myHR Site.