Terms of service

Version 1.0 · Last updated [DATE] · Applies to companies using Rosterly

Draft for review. These terms describe how Rosterly is provided today. They must be reviewed by a Dutch legal professional before the service goes live to paying customers.

1. Who these terms are between

These terms are an agreement between [COMPANY NAME] ("Rosterly", "we") and the business that creates a workspace ("you", "the customer"). By creating a workspace or using the service, you accept these terms on behalf of your business.

2. What the service does

Rosterly is planning software for staff scheduling. It helps you build rosters, gather availability, offer and match shift swaps, track hours, and see the planned cost of a schedule. It also shows warnings about Dutch working-hours rules (Arbeidstijdenwet) based on the data you put in.

3. What the service does not do — read this part

Rosterly is not payroll. Cost figures are planning estimates based on the rules and rates you configure. They do not determine anyone's pay and do not replace your payroll administration.
Rosterly is not legal advice, and does not guarantee compliance. The working-hours warnings cover the statutory rules as we have implemented them, checked against the data you enter. Your collective agreement (CAO) may contain stricter or different rules, and the responsibility for a compliant roster remains yours.
Rosterly does not replace your professional advisers. For payroll, legal, or tax questions, use your own specialists.

4. Your responsibilities as the customer

Enter accurate data — the quality of the checks depends on it.
Give your employees the information they are entitled to about how their data is used, and make sure you have a lawful basis for entering their data into a scheduling system (see the processor agreement).
Keep your login credentials to yourself and tell us promptly if you believe they are compromised.
Use the service for its purpose, and not to store data you are not allowed to store.

5. Accounts, plans and pricing

Pricing is per active employee per month, as published on our pricing page at the time of your subscription, plus any one-time setup fee agreed with you.
An "active employee" is a person with at least one shift assigned in the calendar month being invoiced.
Prices exclude VAT (BTW) where applicable.
We may change prices; existing customers will be notified before a change takes effect, and any rate-freeze we have agreed with you in writing will be honoured.

6. Invoicing and payment

Invoices are issued monthly through our payment provider (Mollie) and are payable within [N] days of the invoice date unless agreed otherwise.
If a payment fails, we will notify the account owner and give a reasonable period to correct it. We will not delete your data because a payment is late — but we may suspend the service after repeated failures, and we will tell you before we do.

7. Your data belongs to you

The data in your workspace is yours. You can export it at any time, in a usable format, without asking us.
If you stop using the service, you can take your data with you. We will delete it from the live system on your instruction, subject to our legal duty to keep accounting records.
We do not sell your data or use it for advertising.

8. Availability and support

We aim to keep the service available continuously, but we do not promise zero downtime. We perform maintenance and backups in a way that minimises disruption.
Support is provided by email at [SUPPORT EMAIL] on working days. If you have taken a support add-on, the terms of that add-on (response time, channel) apply.

9. Liability

We deliver the service with care, but we are not liable for indirect damage, lost profit, or damage resulting from incorrect data entered by you or from decisions you take based on the planning information.
Where liability cannot be excluded, it is limited to the amount you paid us in the twelve months before the event.
Nothing in these terms limits liability where the law does not allow it to be limited.

10. Ending the agreement

You can end your subscription at any time; the cancellation takes effect at the end of the period you have already paid for.
We can end the agreement with [30] days' notice, or immediately if the service is used in violation of these terms.
After ending, we keep your data available for export for [30] days, then delete it.

11. Which law applies

Dutch law applies to this agreement. Disputes go to the competent court in [PLACE], the Netherlands, unless the law says otherwise.

12. Changes to these terms

If we change these terms in a way that matters, we will notify account owners by email before the change takes effect. Continuing to use the service after that means you accept the new terms.