Legal
Terms governing use of Workplace Planner
Last updated: March 2025
These Terms of Service (“Terms”) govern your use of the Workplace Planner software (the “Product”), the website workplaceplanner.nl (the “Site”), and any related documentation, support, or services provided by or on behalf of Mohamed Zouaa / Workplace Planner (“we”, “us”, or “Provider”). By installing, accessing, or using the Product or the Site, you (“Customer”, “you”, or “your”) agree to be bound by these Terms. If you are acting on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Product or the Site.
Workplace Planner is an enterprise workforce scheduling and management application. It enables organizations to manage employees, availability, time-off, skills, training, scenarios, schedules, reports, backups, and related data. The Product may be provided as a desktop application (e.g. Windows via Electron), on-premises deployment, or as otherwise agreed. Features, availability, and technical requirements are as described in the Product documentation and on the Site.
Subject to these Terms and any separate license or order form, we grant you a limited, non-exclusive, non-transferable license to use the Product in accordance with the applicable license type (e.g. per-seat, site, or as specified). The Product is proprietary; copyright and all other intellectual property rights remain with the Provider. You may not: (a) copy, modify, or create derivative works of the Product except as permitted in documentation; (b) reverse engineer, decompile, or disassemble the Product except to the extent permitted by mandatory law; (c) sublicense, rent, lease, or distribute the Product to third parties except as allowed by your license; (d) remove or alter any proprietary notices; or (e) use the Product for any unlawful purpose or in violation of these Terms. License and device activation may be required; you are responsible for compliance with activation and usage limits.
You retain all rights to data you input or generate using the Product (“Customer Data”). You are responsible for the accuracy, legality, and appropriateness of Customer Data and for obtaining any consents required from employees or other data subjects. You must comply with applicable data protection laws (including the GDPR where applicable). The Product may support backup and restore; you are responsible for maintaining adequate backups and business continuity. We are not responsible for loss of Customer Data due to your misuse, misconfiguration, or failure to backup, except where we have expressly agreed in writing to manage such data.
Our collection and use of personal data in connection with the Site and the Product are described in our Privacy Policy. Where we process personal data on your behalf as a processor (e.g. in a hosted or support context), we will do so only in accordance with your instructions and applicable data processing terms agreed in writing. For on-premises or desktop deployments, you typically act as data controller for Customer Data; our Privacy Policy applies to our own processing (e.g. contact data, license data).
Support and updates (if any) are provided as described in your license or order, or as published on the Site. We do not guarantee unlimited or error-free operation; we will use reasonable efforts to correct material defects in the Product as per our support policy. You are responsible for installing updates and maintaining a supported environment.
THE PRODUCT AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PRODUCT OR THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOU USE THE PRODUCT AND THE SITE AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS LICENSORS, OR MOHAMED ZOUAA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRODUCT, OR THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE PRODUCT, OR THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (OR, IF NO PAYMENT, ONE HUNDRED EUROS (€100)). Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless the Provider from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Product or the Site; (b) your violation of these Terms or any law; or (c) your Customer Data or any claim that Customer Data infringes or misappropriates a third party’s rights.
Your right to use the Product and the Site remains in effect until terminated. We may suspend or terminate access if you materially breach these Terms and fail to cure within a reasonable period after notice, or if required by law. You may terminate by ceasing use and, where applicable, uninstalling the Product. Upon termination, your license to use the Product ceases; provisions that by their nature should survive (including disclaimers, limitation of liability, indemnification, and governing law) will survive.
These Terms are governed by the laws of the Netherlands, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms, the Product, or the Site shall be subject to the exclusive jurisdiction of the courts of the Netherlands. If you are a consumer, mandatory consumer protection laws in your country may apply.
We may modify these Terms from time to time. The “Last updated” date at the top will be revised when changes are made. We will post the updated Terms on the Site; for material changes we may notify you by email or through the Product where appropriate. Continued use of the Product or the Site after the effective date of changes constitutes acceptance. If you do not agree, you must stop using the Product and the Site.
These Terms, together with the Privacy Policy and any order or license form referenced herein, constitute the entire agreement between you and the Provider regarding the Product and the Site. No waiver of any provision is effective unless in writing. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. You may not assign these Terms without our prior written consent; we may assign our rights and obligations to an affiliate or successor.
For questions about these Terms: contact@workplaceplanner.nl. Workplace Planner · Mohamed Zouaa.