Terms of service

Version 2026-09-26

This is an earlier version of this document. See the current version.

This is an English translation. In case of any discrepancy, the Dutch version (Algemene voorwaarden) prevails.

Who we are

PowerShift is offered by [TODO: naam eigenaar/eenmanszaak zoals in het KVK-register] (sole proprietorship (eenmanszaak)), trading as PowerShift, registered with the Dutch Chamber of Commerce (KvK) under number [TODO: KvK-nummer], address: [TODO: zakelijk adres of postadres (straat, postcode, plaats)] (“PowerShift”, “we”). Questions about these terms can be sent to hello@power-shift.nl.

Applicability and acceptance

These terms of service (version 2026-09-26) apply to every agreement between PowerShift and the organisation that uses PowerShift (the “customer”). The service is intended for businesses; the customer acts in the course of a trade or profession.

Together with the Data processing agreement, these terms form the agreement with the customer. The organisation’s owner accepts both on the customer’s behalf during onboarding and thereby confirms being 18 or older and authorised to represent the customer. We record when and which version was accepted. The customer’s own general terms and conditions do not apply.

The employees and other users the customer invites use the application under the User terms, which they accept when creating their account; how we process their data is set out in the Privacy policy. The customer ensures its users use the application in line with those terms. Where these terms of service provide for users, they apply between PowerShift and the customer.

The service

PowerShift is a web application for staff scheduling in hospitality. The service consists of core scheduling functionality (shifts, availability, teams and qualifications) and optional modules that the customer can switch on or off per location. Which modules are active and what they cost is shown on the website and in the customer’s account. We may develop the service further and change features, as long as the core functionality is maintained.

We provide the service to the customer, as employer. The customer’s employees and other users are not a party to this agreement: they use the application because the customer gives them access.

Account and use

The customer is responsible for the users it invites, for keeping their data in PowerShift correct and up to date, and for handling login credentials with care. Users must be at least 13 years old. The customer and its users may not circumvent the service’s security or use the service unlawfully. Misuse — including unlawfully accessing another organisation’s data — may lead to suspension or termination of access.

Employment law and the CAO: the customer’s responsibility

PowerShift helps with planning by giving signals based on, among other things, the Dutch Horeca CAO (collective labour agreement) and the Working Hours Act (Arbeidstijdenwet), such as warnings about rest periods, maximum working time or rules for young workers. These signals are aids: they are not complete (not every rule is built in, such as averages over several weeks and school-day rules), they do not block a roster and they are not legal advice.

As the employer, the customer remains solely responsible for compliance with the Working Hours Act, the applicable CAO and other employment laws and regulations, and for the rosters it creates and publishes.

Subscription and pricing

PowerShift is provided on a subscription basis, in monthly billing periods. Current prices per module and the billing method (for example per scheduled member per month) are listed on the website and in the customer’s account. The amount for a billing period is set at the start of that period, based on usage in the period that just ended (for example the number of members scheduled in it). All prices exclude VAT. PowerShift may adjust prices; changes are announced at least 30 days in advance, and the customer may terminate the agreement before the new price takes effect.

Trial and free use before launch

• A 14-day trial starts once onboarding is completed.
• While PowerShift is offered free of charge before the official launch, the customer uses the service for free: nothing is charged and we do not ask for payment details.
• Billing details: by the end of the trial at the latest, the customer enters its billing details (at least the company name and billing address; KvK and VAT number are optional). We need them for our records: even during free use the customer receives a €0 invoice for each billing period.
• Restricted access: if billing details are missing after the trial, the customer can only view PowerShift. Changing rosters and settings is blocked until the details are entered. No data is lost.
• End of free use: we announce the end of free use at least 30 days in advance, with reminders 7 days and 1 day before. Payment only starts once the customer then adds a payment method itself. If it does not, we charge nothing; the customer can then only view PowerShift until it adds a payment method or the agreement ends.

Availability and maintenance

We make reasonable efforts to keep the service available, but do not guarantee uninterrupted availability. Planned maintenance is announced in advance where possible and carried out outside regular usage hours as much as possible.

Data and privacy

The data that the customer and its users enter into PowerShift remains the customer’s. For scheduling and HR data, the customer is the controller and PowerShift the processor; the Data processing agreement forms part of this agreement. For account data, security and billing, PowerShift is itself responsible, as described in the Privacy policy.

Apart from what the data processing agreement describes (clause 2), PowerShift does not use the customer’s data for its own purposes, not even in anonymised or aggregated form: no benchmarks, no analyses across customers and no training of AI models.

Intellectual property

All intellectual property rights in the PowerShift application and its associated software belong to [TODO: naam eigenaar/eenmanszaak zoals in het KVK-register] or its licensors. The customer only obtains a non-exclusive, non-transferable right of use for the duration of the agreement.

PowerShift uses open-source software. Those components are covered by their own licences, which take precedence over these terms for those components.

Liability

PowerShift’s liability is limited to compensation for direct damage and to at most the amount the customer paid PowerShift in the twelve months preceding the event that caused the damage. Where the service is used free of charge, PowerShift accepts no liability. PowerShift is not liable for indirect damage, including lost revenue, fines or additional tax assessments, and consequential damage from a roster that does not comply with laws or regulations. These limitations do not apply in cases of intent or wilful recklessness by PowerShift or its management.

Force majeure

PowerShift is not liable for a failure caused by circumstances beyond its reasonable control, such as a failure of its hosting, network or energy suppliers, government measures, or a cyberattack that could not reasonably have been prevented. If force majeure lasts longer than 60 days, either party may terminate the agreement in writing, without owing compensation.

Term, termination and switching

The agreement runs for an indefinite period. The customer may terminate at any time, in the application (Settings → Close company) or by email, effective at the end of the current monthly billing period; if no billing period is running (for example during the trial), immediately; the customer’s notice period is never longer than two months. Fees for the running billing period are not refunded. PowerShift may terminate with two months’ notice, and with immediate effect in case of serious or repeated breach of these terms.

A company without a paid or free subscription loses its agreement 90 days after it was created, if its setup has not been finished by then, or 90 days after its trial ended, if the customer has not taken a subscription since. We warn the owner by email 14 and 3 days in advance. Finishing the setup or taking a subscription before that moment keeps the company. As long as PowerShift does not yet require payment, entering the billing details is also enough. After that the retrieval period and deletion below apply, just as on termination.

In line with the EU Data Act, on termination or when switching to another provider:

• during the agreement and up to 30 days after it ends, the company’s owner downloads a full export of the data in the application, in a common, machine-readable format (CSV files in a ZIP file); if that is not possible, we provide the export on request, and we reasonably cooperate with the switch;
• the export contains all of the customer’s data in the application: the company and location settings; teams and qualifications; current and former members with their role, contract, locations, teams and qualifications; invitations; events; roster templates; shifts and their change history; open-shift claims, hand-over offers and trades; availability and preferred shifts; Auto-Planner runs; and invoices. A description file lists every file and column;
• the customer chooses what happens with it: switch to another provider with the export, keep the data in its own environment, or let it be deleted without exporting it;
• as employer, the customer must keep certain records for a statutory period, such as roster and working-time records (52 weeks under the Working Hours Act). The customer exports these in time: PowerShift does not keep them for the customer after deletion;
• PowerShift charges no fees for termination, switching or the data export;
• after this retrieval period we delete the customer’s data automatically, as described in the Data processing agreement and the Privacy policy.

Changes to these terms

We may change these terms. The date at the top of this page shows which version applies. We will inform the customer of significant changes at least 30 days in advance; the customer may then terminate the agreement before the change takes effect.

Governing law and disputes

These terms and the agreement are governed by Dutch law. Disputes will be submitted to the competent court: [TODO: rechtbank van het arrondissement van vestiging, bijv. Rechtbank Midden-Nederland].