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PowerPlan Terms of Service

Welcome to PowerPlan! These Terms of Service ( ToS ) govern your access to and use of the PowerPlan shift planning software provided by PowerPlan ApS , Graven 3 1th, 8700 Horsens, Denmark, CVR No: 44 89 89 50 ("PowerPlan," "we," "us," or "our"). By accessing or using PowerPlan, you agree to be bound by these ToS. Please read them carefully.

1. Account and Access

PowerPlan is a business-to-business (B2B) software. An organization ( Organization ) subscribes to PowerPlan and creates an organizational account. Within the Organization's account, administrators ( Administrators ) can create individual user accounts ( Users ) for their employees ( Employees ). Each User must have a unique account.

2. Subscription and Payment

PowerPlan offers a monthly subscription based on the number of active Users within the Organization's account. The first billing period is free, constituting the free trial. Billing periods run monthly from the Organization's signup date. If the signup date falls on the 29th, 30th, or 31st of the month, the subsequent billing date will be set to the 1st of the following month to ensure transparent pricing. For example, a signup on January 30th will result in the next bill on March 1st, covering January 30th to February 28th. After the free trial, payment information is required to continue using PowerPlan. Invoices are generated monthly on the anniversary of the Organization's signup date and cover the previous month's usage.

3. User Responsibilities and Acceptable Use

Users are responsible for maintaining the confidentiality of their login credentials. Organizations are responsible for ensuring their Users comply with these ToS. Users may upload images and text within the organization, provided that it is appropriate and legal. Examples of unacceptable content include, but are not limited to: defamatory, obscene, hateful, or illegal content. PowerPlan does not actively monitor user-generated content. Organizations are responsible for the content posted by their Users. Violations may result in immediate account suspension or termination, without refund.

4. Data and Privacy

PowerPlan stores employee data, including shifts, requests, and communications, within a secure database hosted on Microsoft Azure. Data is associated with the Organization's ID to ensure data segregation. PowerPlan aims to comply with GDPR. PowerPlan uses Blazor Server as a backend and implements authorization and security according to Microsoft's best practices. Important keys are stored in secure vaults within Azure. PowerPlan employs industry-standard data protection measures. Further details about data security are available upon request. PowerPlan utilizes third-party services such as Azure, Google Analytics, Loops (for email), and Paylike (for payment processing). Information about these services and data sharing practices is detailed in our Privacy Policy .

5. Service Availability and Support

PowerPlan utilizes Microsoft Azure's infrastructure and is subject to their uptime guarantees. Planned downtime will occur during low-usage periods, with a 2-minute advance notification displayed within PowerPlan. Longer downtimes will be communicated in a timely manner.

6. Intellectual Property

PowerPlan owns all intellectual property rights to the software. Organizations are granted a non-exclusive, non-transferable, revocable license to use the software solely for their internal business operations, in accordance with these ToS. This license does not grant any ownership rights to the software.

7. Confidentiality

Both PowerPlan and the Organization agree to keep confidential any non-public information disclosed by the other party in connection with the use of PowerPlan.

8. Liability and Disclaimers

PowerPlan is not responsible for incorrect scheduling, miscommunications, or any financial/business losses arising from the use of the platform. PowerPlan is provided "as is," without any warranties, express or implied, to the fullest extent permitted by law. PowerPlan's liability is limited to the amount the Organization paid in the last month. PowerPlan is not liable for any indirect, incidental, special, consequential, or punitive damages.

9. Indemnification

The Organization agrees to indemnify and hold PowerPlan harmless from any claims, damages, or expenses (including attorney's fees) arising from the Organization's or its Users' use of PowerPlan, including but not limited to claims related to user-generated content.

10. Termination and Account Closure

Organizations may cancel their subscription at any time. Users can be deactivated or activated by an Administrator within the Organization. PowerPlan reserves the right to suspend or terminate accounts for any violation of these ToS, with or without notice. PowerPlan will notify the organization of any suspension or termination and provide an opportunity to appeal. Data will be retained after termination per the data retention policy outlined in section 4 unless otherwise requested by the organization.

11. Dispute Resolution and Governing Law

These ToS are governed by the laws of Denmark. Any disputes arising under these ToS shall first be attempted to be resolved through mediation in Denmark. The costs of mediation will be shared equally between the parties. If mediation fails, disputes shall be resolved exclusively in the courts of Denmark.

12. Entire Agreement

These ToS constitute the entire agreement between PowerPlan and the Organization regarding the use of PowerPlan and supersede all prior and contemporaneous communications and agreements, whether oral or written.

13. Severability

If any provision of these ToS is held to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent permitted by law.

14. Assignment

The Organization may not assign its rights or obligations under these ToS without the prior written consent of PowerPlan.

15. Changes to Terms of Service

These Terms of Service are subject to change without prior notice. PowerPlan will notify Organizations of changes to these Terms of Service via email and in-app notification. Please check this page periodically for updates.

16. Contact Information

PowerPlan ApS
Graven 3 1th
8700 Horsens, Denmark
CVR No: 44 89 89 50
Email: info@PowerPlan.io