Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are an agreement between the organisation that creates a PerfTrack account ("Customer", "you") and PerfTrack ("we", "us", "our"), the operator of the Service. By creating an account, accepting these Terms in the app, or using the Service, you agree to be bound by them. If you do not agree, do not use the Service.

These Terms include and are read together with our Privacy Policy and our Data Processing Agreement ("DPA"). If there is a conflict about how personal data is handled, the DPA prevails; for everything else, these Terms prevail.

The Service is intended for businesses and organisations, not for consumers. If you accept these Terms on behalf of an organisation, you confirm that you are authorised to bind it.

2. Description of Service

PerfTrack is a cloud-based HR and performance management platform built for Nigerian businesses. The Service provides organisations with a comprehensive suite of tools to manage their people and performance across two core areas:

HR Operations

PerfTrack includes modules for HR Records (centralised employee profiles with personal, employment, financial, emergency contact, and document management), Payroll Processing (gross-to-net salary calculations with configurable structures, PAYE, NHF, Pension, and NSITF support, and instant payslip generation), Leave Management (leave type configuration, employee balance tracking, multi-step approval workflows, and overlap detection), Attendance, and Onboarding & Offboarding (reusable task checklists for new hires and departing employees with progress tracking).

Performance Management

PerfTrack also includes modules for Goals & KPI Tracking (OKR-style goal setting with weighted progress and status tracking), Performance Reviews (structured review cycles with scoring and completion tracking), 360° Feedback (peer and manager feedback collection), Tasks & Check-ins (task assignment and completion tracking), 1-on-1 Meetings (structured agenda and note management for manager-employee sessions), Recognition & Badges (peer recognition with badge awards and point systems), and Analytics (organisation-wide dashboards covering both HR metrics and performance data).

The Service is provided via perftrackapp.com and related subdomains. Features available to each organisation depend on their active subscription plan. All plans include a 14-day free trial with full access.

3. Key Terms

• Authorised Users are the administrators and employees whom the Customer adds to, or invites to, its PerfTrack account.
• Customer Data is all information that the Customer or its Authorised Users enter, upload or generate in the Service, including employee records, payroll data, leave and attendance records, performance data, documents and policy files.
• Personal Data, Data Controller, Data Processor and Data Subject have the meanings given in the Nigeria Data Protection Act 2023 ("NDPA").

4. Account Registration

To use PerfTrack, you must register an account. You agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, including activity by Authorised Users. Tell us immediately at hello@perftrackapp.com if you suspect unauthorised access.

When you register, we record your acceptance of these Terms, the Privacy Policy and the DPA, together with the version, date, time and IP address. Employees who activate an invited account are shown the Privacy Policy, and we record that too.

5. Free Trial, Free Plan and Paid Plans

New accounts receive a 14-day free trial with full access to all features for up to 15 team members. No credit card is required to start a trial. At the end of the trial, your account automatically moves to our Free plan at no cost and with no action required.

The Free plan includes Task management and the Dashboard for up to 4 team members.

Paid plans unlock additional features and higher seat limits. The Startup plan (₦20,000/month) supports up to 10 employees and adds Goals & KPI tracking, Leave requests and the Employee Directory. The Starter plan (₦50,000/month) unlocks the full HR platform including HR Records, Payroll, Leave Management, Onboarding & Offboarding, Performance Reviews, 360° Feedback, 1-on-1 Meetings, Recognition & Badges, and Analytics for up to 25 employees. The Growth plan (₦130,000/month) adds all report exports for up to 100 employees. The Enterprise plan (₦300,000/month) supports up to 500 employees and includes a dedicated account manager and custom onboarding assistance. Each plan also limits how much can be set up (for example salary structures, leave types, shifts, office locations, custom roles, and the number and size of company policies). Your current limits are shown in the app, next to each setting. If your organisation is already above a limit when you change plan, you keep what you have, but you cannot add more until you upgrade. You can upgrade at any time from your Billing settings.

Data Retention. Your data is retained for as long as your account is active. An account is considered active if at least one login or user action has occurred within the preceding 90 days. Free plan accounts that have had no login or activity for 60 consecutive days will receive an email warning that their data is scheduled for deletion. If no login or activity is recorded within 30 days of that warning (90 days total from last activity), PerfTrack reserves the right to permanently delete all data associated with that account. Paid subscribers retain their data for the full duration of their active subscription plus a 30-day grace period following cancellation or payment failure. PerfTrack will send at least one email notification before any deletion occurs. It is your responsibility to keep a current administrator email address on the account so that you receive these notices.

6. Payment and Billing

Paid plans are billed monthly or annually in Nigerian Naira (₦) through Flutterwave. All payments are non-refundable unless required by applicable law. We reserve the right to change our pricing with 30 days' notice. If a payment fails, we may restrict access to paid features until payment is resolved; Section 5 sets out what happens to your data.

7. Roles of the Parties and Data Protection

Under the NDPA, the roles are as follows:

• The Customer is the Data Controller of the Personal Data of its employees and other individuals that it places in the Service. The Customer decides why and how that data is used, and has the legal relationship with those individuals.
• PerfTrack is the Data Processor of that data. We process it only to provide the Service, on the Customer's documented instructions (which are your use of the Service and these Terms), and as the DPA describes.
• PerfTrack is the Data Controller only of limited data we use for our own purposes: your account and billing details, website and security logs, and your communications with us. The Privacy Policy explains how we handle it.

The DPA sets out our processing commitments, our sub-processors, how we handle security incidents, and what happens to data when the agreement ends. Accepting these Terms includes accepting the DPA.

8. Customer Responsibilities

Because the Customer is the Data Controller, you are responsible for the following, and PerfTrack does not carry out these duties on your behalf:

• Lawful basis and transparency. Having a lawful basis under the NDPA for putting each person's data into PerfTrack, and telling your employees and other individuals what data you hold, why, who it is shared with (including PerfTrack and its sub-processors), and how long you keep it. A template notice is provided in the DPA.
• Accuracy and minimisation. Entering accurate data, keeping it up to date, and not entering more personal data than you need. Do not enter special-category data (such as health, religious or political information, or biometric data) unless you have a lawful basis and a genuine need.
• Access and permissions. Deciding who has administrator and role-based access, giving each person only the access they need, promptly removing access when someone leaves or changes role, and using the "view as" and role features responsibly. Anything an Authorised User does with the access you grant is your responsibility.
• Credentials. Making sure Authorised Users use strong, unique passwords and do not share accounts.
• Data subject requests. Responding to requests from your employees to access, correct, delete or port their data, and to object to processing. We will assist as the DPA describes.
• Regulatory duties. Meeting your own obligations under the NDPA and other laws, including any registration with the Nigeria Data Protection Commission, appointment of a Data Protection Officer, impact assessments, and notifying the Commission and affected individuals of a personal data breach where the law requires it.
• Employment decisions. All hiring, pay, discipline, performance, leave and termination decisions are yours. See Section 9.
• Exports and records. Keeping copies of records that you are legally required to retain. Do not rely on PerfTrack as your only archive.

9. Payroll, Statutory and HR Disclaimers

PerfTrack provides software tools. It does not provide legal, tax, accounting, pension, labour-law or other professional advice.

• Payroll and statutory calculations. Payroll, PAYE, pension, NHF, NHIS/HMO and similar calculations are produced from the tax tables, rates, reliefs and employee settings that are configured in your account. Statutory rules and rates change. You are responsible for checking that the configured tables, rates and each employee's settings are correct and current, and for verifying every payroll run and payslip before relying on it or paying staff.
• No filing or payment. Unless we expressly agree otherwise in writing, PerfTrack does not pay salaries, remit deductions, or file returns with any tax authority, pension administrator or other body. Remittance and schedule screens are record-keeping and reporting aids only. You remain responsible for timely and correct remittance and filing.
• Leave, attendance and performance data. Scores, ratings, attendance deductions, leave balances, analytics and similar outputs are aids to your own judgement. They are only as accurate as the data and settings behind them, and PerfTrack does not make employment decisions. You are responsible for ensuring that any decision you make using the Service complies with the Labour Act, your employment contracts and other applicable law.
• GPS and attendance. If you use location-based attendance, you are responsible for telling your employees, having a lawful basis for collecting location data, and limiting its use to what is necessary.

10. Company Policies and Customer Documents

Where the Service lets you upload, store or display documents (including employee documents and, where the feature is enabled, company policy libraries):

• The documents and their content are Customer Data. You own them and you are solely responsible for their content, legality, accuracy and for having the right to upload them. PerfTrack does not review, approve or give legal assurance about any policy or document.
• You are responsible for deciding which employees or roles can view each document.
• View-only settings, watermarks and access logs are deterrents and audit aids. They are not a guarantee against copying. Anything that can be displayed on a screen can be photographed or recorded, so you should not upload material whose confidentiality depends on that not happening.
• Where document features apply a watermark or record who opened or acknowledged a document, that record contains personal data of your employees. You are responsible for telling them about it. In Company Policies, PerfTrack prints the reader's name, email and the time on every page they view and records each time a policy is opened.
• If you add an introduction video, it is hosted by YouTube or Vimeo, not by PerfTrack. When an employee opens that policy, their browser connects directly to the video provider, which applies its own terms and privacy practices. You are responsible for the video, its content and its privacy settings, and for telling your employees about this.
• Policy documents are stored in PerfTrack's database, count towards your plan's storage limits, and older versions are kept until you delete them. You are responsible for keeping your own copy of every policy document.

11. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable Nigerian law
• Enter personal data that you have no lawful right to process, or use the Service to unlawfully monitor, profile or discriminate against any person
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorised access to any part of the Service, to another organisation's data, or to probe or test the Service's security without our written permission
• Resell, sublicense, or otherwise commercialise the Service without permission
• Use the Service to harass, abuse, or harm any individual
• Scrape, copy or reverse engineer the Service, or use it to build a competing product

We may suspend access to any account that we reasonably believe is breaching this section or putting the Service or other customers at risk, and will tell you why where we can.

12. Data and Privacy

Our Privacy Policy explains how we handle data for which we are the controller. Our Data Processing Agreement governs Customer Data. Our Security page describes our security measures. We implement appropriate technical and organisational measures to protect your data, but no system is completely secure and we cannot guarantee that unauthorised access will never occur.

13. Shared Security Responsibility

We are responsible for the security of the Service and its infrastructure as described on the Security page and in the DPA. You are responsible for the security of your own devices and networks, your Authorised Users' credentials, the permissions you grant, and anything exported or downloaded from the Service (including CSV exports and payslips, which are no longer protected by PerfTrack once they leave the Service).

14. Intellectual Property

PerfTrack and its original content, features, and functionality are owned by PerfTrack and protected by applicable intellectual property laws. You retain ownership of all Customer Data. You grant us a limited licence to host, store, process and display Customer Data solely to provide and support the Service to you. If you send us feedback or suggestions, we may use them without obligation to you.

15. Availability, Support and Changes to the Service

We work to keep the Service available but do not guarantee uninterrupted or error-free operation. We may carry out maintenance, and may change, add or remove features, with reasonable notice where a change materially reduces functionality you rely on. No uptime commitment applies unless we agree one with you in writing. Support is provided by email at hello@perftrackapp.com.

16. Third-Party Services

The Service relies on third-party providers for hosting, payments, email delivery and document storage. These are listed in the DPA. We are responsible for the providers that process Customer Data for us as our sub-processors. We are not responsible for services you choose to connect or link to yourself, or for outages of third-party platforms outside our reasonable control.

17. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available". We do not warrant that it will meet every requirement of the Customer, be uninterrupted or error-free, or that any calculation, report or output will be free from error or suitable for a particular legal or regulatory purpose. Nothing in these Terms excludes any warranty or liability that cannot be excluded under Nigerian law.

18. Limitation of Liability

To the maximum extent permitted by law, PerfTrack shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill or data, arising from your use of the Service. Our total aggregate liability to you for all claims arising out of or relating to the Service and these Terms in any 12-month period is limited to the fees you paid to PerfTrack in the 12 months immediately before the event giving rise to the claim (or, for customers on a free plan, ₦50,000). The Customer is solely liable for fines, claims and losses that arise from its own failure to meet its responsibilities in Sections 8 and 9. Nothing in these Terms limits liability that cannot lawfully be limited.

19. Indemnity

You will indemnify and hold harmless PerfTrack against third-party claims, regulatory actions, losses and reasonable costs arising from: (a) Customer Data or documents you upload, including any claim that you had no right or lawful basis to process or share them; (b) your breach of Sections 8, 9 or 11; or (c) your instructions to us, to the extent they breach the law. We will tell you promptly of any claim, and give you reasonable help to defend it.

20. Termination and Return of Data

We may suspend or terminate your account for material violation of these Terms. You may cancel your account at any time. Upon termination, your right to use the Service ceases. For paid accounts, data is retained for 30 days following cancellation before permanent deletion, and during that period you may request an export of your Customer Data by emailing hello@perftrackapp.com. For free accounts, data retention is governed by the activity-based policy described in Section 5. After deletion, residual copies in backups are overwritten in the ordinary backup cycle. Sections that by their nature should continue (including 8, 9, 17, 18, 19 and 23) survive termination.

21. Force Majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including power or internet failure, acts of government, industrial action, or failure of third-party infrastructure, provided it takes reasonable steps to limit the effect.

22. Changes to Terms

We reserve the right to modify these Terms. We will notify you of material changes by email to your account administrator or in-app notice at least 30 days before they take effect, and an administrator may be asked to accept the updated version in the app. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to a change, you may cancel your account before it takes effect.

23. Governing Law and Disputes

These Terms are governed by the laws of the Federal Republic of Nigeria. The parties will first try to resolve any dispute in good faith by written notice and discussion for 30 days. Failing that, any disputes shall be subject to the exclusive jurisdiction of the courts of Nigeria.

24. General

These Terms, the Privacy Policy and the DPA are the entire agreement between us on their subject. If any provision is found unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger or sale of the business, with notice to you. Notices to you may be sent to your administrator's email address; notices to us should be sent to hello@perftrackapp.com.

25. Contact

For questions about these Terms, contact us at hello@perftrackapp.com or visit our contact page.