Contact: hello@kiruko.mu · WhatsApp: +230 5719 4590
Preamble
Kiruko is a comprehensive Human Resource Management System (HRMS) that provides an all-in-one service where attendance recording, payroll calculation, leave management, task allocation, and overall human resource administration are consolidated into a single, unified application.
The fundamental particularity of Kiruko lies in its dual-engagement model: it actively involves both the workforce (users/employees/service providers) and the company's management in the HR process. Specifically, Kiruko transfers the primary duty of attendance recording and task execution tracking directly to the user. This means that the accuracy, completeness, and integrity of the data entered—including clock-in/out times, task confirmations, and leave requests—rests entirely with the user.
As a direct consequence of this architecture, it is the sole responsibility of the user to provide precise, truthful, and timely data to the application. Kiruko generates salary estimates, leave accruals, bonus calculations, and other connected benefits strictly based on these user-provided inputs. The employer relies in good faith upon this data for processing payments, granting benefits, and making operational decisions.
By using Kiruko, both the employer and the user explicitly acknowledge and agree that:
- The salary estimates, leave entitlements, and bonus computations displayed within the application are indicative estimates and are contingent upon the accuracy of the data submitted by the user.
- Any discrepancy, omission, delay, or inaccuracy in the user's entries may directly and materially impact the user's remuneration, benefits, or employment-related entitlements.
- The user accepts full and exclusive liability for the accuracy of all data they input. Kiruko acts solely as a data-processing tool and does not verify the factual correctness of user-submitted information.
- The employer retains the final authority to validate, adjust, or reject any payroll or benefit calculations that are based on manifestly incorrect user data.
Part 1 — Terms of Service
1. Acceptance
By accessing, registering, or using the Kiruko mobile application, web dashboard, or marketing website (collectively, the "Service"), you agree to be bound by these Terms of Service and our Privacy Policy. If you are using the Service on behalf of an organization (e.g., an employer), you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree, you must refrain from using the Service.
2. The Service
Kiruko provides workforce-management tools including, but not limited to:
- Attendance and time tracking (GPS-enabled clock-in/out);
- Scheduling and task allocation;
- Leave management (requests and approvals);
- Payroll calculation, payslip generation, and overtime computation;
- Live earnings tracking and financial estimation;
- Incident reporting ("Rights" module); and
- Document vault and receipt scanning.
We reserve the right to modify, improve, or discontinue any feature at our sole discretion, with reasonable notice where practicable.
3. Accounts & Eligibility
- Age Requirement: You must be at least 16 years old (or the legal working age in your jurisdiction) and capable of forming a binding contract.
- Security: You are responsible for safeguarding your login credentials and for all activity conducted under your account. You agree to notify us immediately of any unauthorized use.
- Accuracy: You must provide accurate, complete, and up-to-date registration information.
4. Employer & Employee Relationship (Crucial Provisions)
- Employer Responsibilities (Controller): Where an employer ("Company") uses Kiruko to manage its workforce, the Company is solely responsible for:
- The accuracy and lawfulness of the payroll, tax, and employment data it enters;
- Complying with all applicable labour, payroll, tax, and data-protection laws (including the Mauritian Data Protection Act 2017);
- Obtaining all necessary consents from its employees to use their data via Kiruko;
- Managing user roles, permissions, and internal Standard Operating Procedures (SOPs). Kiruko provides suggested guides and templates, but it is the employer's duty to adopt and enforce them.
- Employee Responsibilities (Data Provider): Employees and service providers are responsible for the accuracy of their clock-in/out data, task completion reports, and leave requests.
- Indemnification: The Employer agrees to indemnify and hold harmless Zilwa Eklere Ltd against any claims, penalties, or liabilities arising from the Employer's violation of labour laws, tax obligations, or misuse of employee data.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or to violate any applicable law;
- Impersonate another person or submit false attendance or payroll data;
- Attempt to gain unauthorized access to the Service, user accounts, or data;
- Reverse-engineer, decompile, or copy the Service's source code or underlying architecture;
- Upload malicious code, viruses, or infringing content;
- Interfere with the security, integrity, or performance of the Service.
6. Fees, Billing & Free Trial
- Free Trial: New users (individuals or employers) are granted a free trial for a period of three (3) months from the date of registration. This allows full exploration of the core features.
- Paid Subscription: Upon expiry of the free trial, continued use of the Service requires payment of the applicable subscription fees. The standard license is billed annually at Rs 50,000 (exclusive of VAT) per employer entity, or as otherwise agreed in writing between Zilwa Eklere Ltd and the Client.
- Training & Setup: Additional fees may apply for dedicated on-site training, data migration, or custom configuration. Non-payment of agreed fees may result in suspension or termination of access.
- Refund Policy: Unless expressly stated otherwise (e.g., a statutory cooling-off period), fees paid are non-refundable. Zilwa Eklere Ltd reserves the right to adjust pricing for renewals upon providing at least 30 days' prior notice.
7. Intellectual Property
- Ownership: The Service, including its software, algorithms, architecture, design, user interface, logos, and branding ("Kiruko"), is the exclusive intellectual property of Zilwa Eklere Ltd and is protected by Mauritian and international copyright laws.
- License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.
- Restrictions: Any unauthorized reproduction, distribution, creation of derivative works, or copying of the functionalities available within Kiruko is strictly prohibited and may result in legal prosecution.
8. Third-Party Services
The Service may integrate with third-party providers (e.g., cloud hosting, Google Cloud Vision for OCR, payment gateways, messaging services). Your use of these integrated services may be subject to their respective terms and policies. Zilwa Eklere Ltd assumes no responsibility or liability for the performance of these external providers.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT CALCULATIONS (INCLUDING PAYROLL AND TAX ESTIMATES) WILL BE ABSOLUTELY ACCURATE OR MEET EVERY LEGAL REQUIREMENT. USERS AND EMPLOYERS ARE RESPONSIBLE FOR VERIFYING ALL OUTPUTS. KIRUKO IS A FACILITATIVE TOOL AND DOES NOT CONSTITUTE A LEGAL, ACCOUNTING, OR EMPLOYMENT ADVISORY SERVICE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY MAURITIAN LAW, ZILWA EKLERE LTD AND ITS DIRECTORS, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Termination
- By User: You may terminate your account and request deletion of your personal data at any time via Settings → Delete Account, or by contacting hello@kiruko.mu.
- By Us: We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees, or if we believe termination is necessary to protect the Service or other users.
- Survival: Provisions regarding Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law shall survive termination.
12. Governing Law & Dispute Resolution
- Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the Republic of Mauritius.
- Disputes: Any dispute arising under these Terms shall first be referred to mediation or amicable negotiation between the parties for a period of 30 days. If unresolved, the dispute shall be submitted to the exclusive jurisdiction of the courts of Mauritius.
13. Contact
For any inquiries, complaints, or to exercise your legal rights, please contact:
Zilwa Eklere Ltd
Email: hello@kiruko.mu
WhatsApp: +230 5719 4590
Part 2 — Privacy Policy
1. Who We Are & Data Controller Roles
Kiruko is operated by Zilwa Eklere Ltd, a company registered in Mauritius. For the purposes of the Mauritian Data Protection Act 2017:
- For employee/worker data: Your Employer acts as the Data Controller. Kiruko acts as a Data Processor, processing data strictly on the documented instructions of the Employer.
- For account data, billing, and security: Kiruko acts as an independent Data Controller to manage your account, send notifications, and secure the platform.
2. Data We Collect
- Account Information: Name, email address, phone number, hashed password, preferred language, and role.
- Workplace Data: Job title, department, payroll details (salary, allowances, deductions), leave requests and balances, clock-in/out records (including GPS location and optional photo verification), and task completion history.
- Documents: Uploaded receipts, payslips, or supporting documents (which may be scanned via OCR for data extraction).
- Device & Usage: Device type/OS, push notification tokens, app version, and security audit logs (e.g., logins and critical actions).
- Website Analytics: We use Umami Analytics on our marketing website—a cookieless, privacy-first tool that collects aggregate data (page views, referrers, country level) without identifying individual users. No personal data is collected there.
Biometrics: If you enable Face ID or Fingerprint unlock, the verification occurs entirely on your local device via your operating system. Kiruko never receives, stores, or processes your biometric data.
3. How We Use Data
We process personal data solely to:
- Provide and improve the Service (attendance, payroll, scheduling, notifications);
- Authenticate users and secure accounts;
- Calculate pay, overtime, and statutory amounts;
- Send operational alerts (e.g., clock-in reminders, expiry notices);
- Comply with legal, tax, and audit obligations;
- Detect, prevent, and investigate fraud or security incidents.
We do not sell your personal data to third parties.
4. Sharing & Disclosure
We share data only:
- With your Employer: Accessible to authorized administrators for workforce management.
- With Service Providers: Vetted vendors (e.g., cloud hosting via Google Cloud, OVH; file scanning; email delivery; push notifications via Expo), bound by strict confidentiality and processing agreements.
- Legal Obligations: Where required by Mauritian law, court order, or to protect the rights, property, or safety of Kiruko, our users, or the public.
- Business Transfers: In the event of a merger, acquisition, or asset sale, subject to the same privacy protections.
5. Retention & Deletion
- Active Use: Data is retained while your account is active and as needed to provide the Service.
- Deletion: Upon account deletion, we remove or anonymize your personal identifiers and uploaded files. However, certain records (specifically, payroll and attendance logs) may be retained by your Employer to satisfy statutory retention periods (e.g., up to 7 years for tax and labour compliance). Security and audit logs may also be retained for a limited period for forensic purposes.
6. Your Rights (Data Subject Rights)
Subject to the Data Protection Act 2017, you have the right to:
- Access your personal data;
- Correct inaccurate or incomplete data;
- Request Deletion of your data (subject to employer retention obligations);
- Export a copy of your data (portability);
- Object to or restrict certain processing (e.g., direct marketing).
For employee data managed by your employer, we may direct your request to them. To exercise your rights, contact us at hello@kiruko.mu.
7. Security
We implement industry-standard safeguards, including:
- Encryption in transit (HTTPS/TLS);
- Hashed and salted passwords;
- Role-based access control (RBAC);
- Trusted-device sign-in verification;
- Append-only audit trails for sensitive actions;
- Malware scanning for uploaded files.
While no system is 100% secure, we continuously update our measures to protect your data.
8. International Transfers
We are based in Mauritius and primarily serve the Mauritian market (with expansions to Madagascar, Tanzania, and the wider region). Some service providers may process data outside Mauritius; we ensure that any such transfers comply with applicable law by imposing Standard Contractual Clauses or equivalent safeguards.
9. Children
Kiruko is a workplace tool intended for employers and working individuals. It is not directed at children under the age of 16. We do not knowingly collect data from minors under 16. If we become aware of such data, we will delete it promptly.
10. Changes to this Policy
We may update these Terms and Privacy Policy from time to time. We will post the updated version with a revised "Last Updated" date and, where appropriate, notify users via in-app alert or email.
11. Contact for Privacy Concerns
For any privacy-related questions or to report a data breach, contact:
Data Protection Officer (DPO) – Zilwa Eklere Ltd
Email: hello@kiruko.mu
WhatsApp: +230 5719 4590