Terms of service

1. About these terms

These terms form a contract between [Company legal name] Ltd (company number [company number]), registered at [registered office address] ("we", "us") and the organisation that creates a Folkdesk account ("you", the "Customer"). The person who accepts these terms confirms they have authority to bind the Customer. Folkdesk is a business service and is not offered to consumers.

2. Accounts and users

• Your organisation's owner manages the account and decides who is invited and what role they have. You are responsible for the people you invite and for what they do in Folkdesk.
• Keep sign-in details confidential and tell us promptly at hello@folkdesk.app if you suspect unauthorised access.
• The information you give us, including billing details, must be accurate and up to date.

3. Free trial

New organisations get a free trial of 30 days with full access. No payment details are needed during the trial. At the end of the trial you can subscribe to keep using Folkdesk; otherwise access ends and your data is handled as described in section 10.

4. Fees and billing

• Fees are charged per seat. A seat is each person who is active in your organisation during the billing period, including the owner, admins and managers. Deactivated people do not count.
• Monthly plans cost £2 per seat per month and annual plans £20 per seat per year, subject to a minimum charge of £20 per month (£200 per year), which covers up to 10 seats. Current prices are on our website.
• Fees are payable in advance for each billing period. Seats added during a period are charged from the next billing date (or pro rata, if we tell you so at the time).
• All fees are in pounds sterling and exclude VAT, which you will pay in addition.
• We may change our prices by giving you at least 30 days' notice. Changes take effect from your next billing period after the notice ends.
• If a payment is overdue, we may suspend access after giving you at least 14 days' notice.

5. Your data

• You own the data you and your users put into Folkdesk ("Customer Data"). You give us the rights we need to host, process and display it to provide the service.
• For personal data in Customer Data you are the controller and we are your processor. Our data processing terms, which meet the requirements of Article 28 of the UK GDPR, form part of these terms. Our privacy policy explains how we handle personal data.
• You are responsible for having a lawful basis to record the data you put into Folkdesk, including any health information recorded through leave types such as sickness.
• Leave records are deleted automatically according to the retention period you set in your organisation's settings.

6. Acceptable use

You must not, and must not let anyone else:

• use Folkdesk unlawfully, or to store content that is unlawful or infringes others' rights;
• try to access another organisation's data, probe or bypass security or rate limits, or disrupt the service;
• copy, resell or reverse engineer Folkdesk, except as the law allows.

We may suspend access that breaches this section, and will tell you why where we can.

7. The service

• We will provide Folkdesk with reasonable skill and care and aim to keep it available at all times, apart from planned maintenance and events outside our reasonable control.
• We may improve and change Folkdesk over time. We will not make a change that materially reduces its core functionality during a paid period without telling you in advance.
• Folkdesk calculates allowances and balances from the policies you configure. You remain responsible for your employment decisions and for meeting your legal obligations to your people.

8. Intellectual property and confidentiality

We own Folkdesk and all intellectual property in it. If you send us feedback we may use it freely. Each of us will keep the other's confidential information confidential and use it only for the purposes of these terms.

9. Liability

• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
• Neither of us is liable for loss of profits, revenue, goodwill or anticipated savings, or for any indirect or consequential loss.
• Otherwise, each party's total liability under these terms in any 12-month period is limited to the fees paid and payable by you in that period, or £100 if greater.

10. Ending the contract

• You can cancel at any time. Monthly plans end at the end of the current month; annual plans end at the end of the paid year. Fees already paid are not refundable unless the law requires.
• Either of us may end these terms immediately by notice if the other materially breaches them and does not fix the breach within 30 days of being asked to.
• Your owner can delete the organisation from its settings. Deleted organisations can be restored for 30 days and are then permanently deleted. Export any data you need before then.

11. General

• We may update these terms. We will give you at least 30 days' notice of material changes by email or in the app.
• Neither of us is liable for delays caused by events beyond our reasonable control. You may not transfer these terms without our consent.
• These terms are governed by the law of England and Wales, and its courts have exclusive jurisdiction.