These General Terms and Conditions ("Terms") govern access to and use of the Teamspot platform ("Teamspot", "Service") operated by Teamspot App, a sole proprietorship established in The Netherlands ("we", "us", or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
These Terms apply to all offers, subscriptions, order forms, agreements, and use of the Service, unless expressly agreed otherwise in writing.
If the Customer enters into a separate Customer Agreement and/or Order Form with Teamspot, that Customer Agreement or Order Form also applies.
If there is a conflict between documents, the following order applies:
- a signed Customer Agreement or special terms;
- the Order Form, for commercial terms;
- the Data Processing Agreement, for data protection matters;
- the Service Level Agreement, for availability and support commitments;
- these Terms;
- the Privacy Policy.
The Customer's own purchase terms, procurement terms, or other general terms do not apply unless expressly accepted by Teamspot in writing.
1. Definitions
- Customer: The business or legal entity that enters into these Terms.
- Authorized Users: Employees or contractors authorized by the Customer to use the Service.
- Account: The Customer's Teamspot account.
- Subscription: A paid or trial-based right to use the Service.
- Customer Content: data, information, files, messages, records, and other content submitted to the Service by the Customer or its Authorized Users, or generated by the Customer's use of the Service, excluding Teamspot's system logs, security records, aggregated or anonymized data, and Teamspot intellectual property.
- Customer Personal Data: Personal Data processed by Teamspot on behalf of the Customer as described in the Data Processing Agreement.
2. Scope of the Service
Teamspot is a cloud-based workforce management platform for businesses, providing features such as scheduling, time tracking, absence management, communication tools, reporting, and related functionality. The Service is provided B2B only. Teamspot does not provide services directly to consumers. The Customer represents that it enters into these Terms for business or professional purposes and not as a consumer.
Teamspot may provide implementation, onboarding, migration, training, configuration, consulting, or other professional services where agreed in an Order Form or Customer Agreement.
Unless expressly agreed otherwise, professional services are provided on a time-and-materials basis and invoiced monthly based on actual time spent at Teamspot's applicable rates.
The Customer shall reimburse reasonable out-of-pocket expenses incurred by Teamspot in connection with professional services, including actual travel, accommodation, parking, public transport, mileage, and related costs, where such costs are reasonably necessary and properly documented.
Any estimates for professional services are non-binding unless expressly stated as fixed fees in writing.
3. Account Registration and Use
3.1 Account Creation
To use the Service, the Customer must create an Account and provide accurate, current, and complete information. The Customer is responsible for keeping this information up to date.
3.2 Authorized Users
The Customer may grant Authorized Users access to the Service. The Customer is fully responsible for:
- The actions of its Authorized Users
- Ensuring Authorized Users comply with these Terms
- Managing roles, permissions, and access rights
3.3 Account Security
The Customer is responsible for safeguarding login credentials and for all activity occurring under its Account. The Customer must notify us without undue delay of any unauthorized access or security incident.
4. Company Data and Employee Information
The Customer acknowledges and agrees that:
- Administrators designated by the Customer can access and manage company and employee data;
- Work schedules, time entries, absences, and related records are visible to authorized personnel;
- Optional features such as location-based clock-in may be enabled by the Customer;
- Removal or deactivation of an Authorized User does not automatically delete historical records where those records are retained for workforce management, audit, legal, security, payroll, or data integrity purposes, subject to the Data Processing Agreement;
- The Customer is responsible for ensuring that use of optional or higher-risk features, including location-based clock-in, messaging, document uploads, absence notes, and payroll exports, is lawful, necessary, proportionate, and transparent to affected individuals.
The Customer is solely responsible for complying with employment, labor, and workplace laws applicable to its use of the Service.
5. Acceptable Use
The Customer and Authorized Users may not:
- Use the Service for unlawful or fraudulent purposes
- Attempt to gain unauthorized access to systems or data
- Interfere with or disrupt the Service or its infrastructure
- Submit false, misleading, or manipulated data
- Share login credentials between individuals
- Upload malware, harmful code, or content intended to disrupt, overload, or compromise the Service
- Use the Service to process criminal offence data, background-check information, disciplinary records, or special categories of personal data unless permitted under the Data Processing Agreement and applicable law
- Use the Service as a general-purpose file storage, surveillance, or employee-monitoring tool outside the intended workforce management functionality
- Reverse engineer, copy, scrape, benchmark, or attempt to derive the source code, structure, or underlying ideas of the Service, except where mandatory law permits this
- Access or use the Service to build or support a competing product or service
- Use automated systems, bots, or scripts in a way that may harm, overload, or disrupt the Service
We reserve the right to suspend access in case of misuse or security risk.
The Customer may not use the Service in violation of applicable export control, sanctions, or trade restrictions.
6. Subscriptions, Trials, and Billing
6.1 Free Trials
We may offer free trials at our discretion. Trial features, duration, and limitations may change or end at any time.
6.2 Paid Subscriptions
Paid Subscriptions are billed in advance on a monthly or annual basis, as selected by the Customer. Fees are exclusive of VAT or other applicable taxes.
Unless otherwise agreed in an Order Form or Customer Agreement, invoices are payable within 14 days of the invoice date.
If payment is overdue, Teamspot may charge statutory commercial interest and reasonable collection costs to the extent permitted by applicable law.
Teamspot may suspend access to the Service for overdue payment after providing reasonable notice, unless the invoice is disputed in good faith.
6.3 Changes to Pricing and Plans
We may modify pricing, plans, or features prospectively. Changes will not apply retroactively and will be communicated in advance where reasonably possible.
6.4 Cancellation
Unless otherwise agreed in an Order Form or Customer Agreement, the following notice periods apply:
- for a monthly Subscription, the Customer may cancel with at least one (1) day's notice before the end of the current billing period;
- for an annual Subscription, the Customer may cancel with at least three (3) months' notice before the end of the then-current annual term.
Where an Order Form or Customer Agreement specifies a different notice period, that agreed term prevails over the defaults above.
Cancellation takes effect at the end of the then-current billing period or annual term, as applicable. Fees already paid are non-refundable, except as expressly agreed otherwise in writing.
6.5 Indexation
Teamspot may adjust recurring subscription fees and other recurring fees once per calendar year, with effect from 1 January or the next renewal date.
The adjustment may be based on the annual percentage change in the Consumer Price Index (CPI) for all households in the Netherlands, as published by Statistics Netherlands (Centraal Bureau voor de Statistiek, CBS). In addition, Teamspot may apply a discretionary surcharge of up to 2 percentage points.
The total annual indexation will not exceed the applicable CPI increase plus 2 percentage points. Teamspot may choose to apply a lower adjustment or no adjustment.
Indexation will not apply retroactively. Teamspot will notify the Customer of the adjusted fees in advance or include the adjusted fees on the next invoice.
If the relevant CPI is no longer published or materially changes, Teamspot may use a reasonably comparable official price index.
7. Suspension and Termination
We may suspend or terminate access to the Service immediately if:
- Payment obligations are not met
- These Terms are materially breached
- Continued use poses legal, security, or operational risk
Upon termination, access to the Service will end. Export, return, deletion, and retention of Customer Personal Data are governed by the Data Processing Agreement. Customers are encouraged to export operational data before termination where needed for their own records.
8. Data Protection and Privacy
Where Teamspot processes Customer Personal Data on behalf of the Customer in connection with the Service, such processing is governed by the Teamspot Data Processing Agreement.
The Customer remains responsible for ensuring that its use of the Service complies with applicable data protection laws, including informing Authorized Users and other data subjects where required.
Teamspot's processing of personal data for its own purposes, such as business administration, billing, account management, security, and legal compliance, is described in the Privacy Policy.
9. Intellectual Property
All intellectual property rights in the Service, including software, interfaces, designs, workflows, know-how, documentation, and related materials, belong to Teamspot App or its licensors.
The Customer retains ownership of Customer Content.
The Customer grants Teamspot a limited right to host, process, transmit, display, and use Customer Content solely as necessary to provide, secure, support, maintain, and improve the Service in accordance with these Terms and the Data Processing Agreement.
The Customer may not copy, modify, reverse engineer, resell, sublicense, or create derivative works based on the Service, except where expressly permitted by Teamspot or mandatory law.
10. Availability and Maintenance
The Service is provided on an "as available" basis, except where a specific Service Level Agreement applies under a Customer Agreement or Order Form.
Teamspot may perform maintenance, updates, or changes that temporarily affect availability.
Teamspot will use commercially reasonable efforts to provide advance notice of planned maintenance expected to materially affect availability, where reasonably possible.
Teamspot may perform emergency maintenance without prior notice where necessary to protect the security, stability, or integrity of the Service.
11. Limitation of Liability
To the maximum extent permitted by law: We are not liable for indirect, incidental, consequential, or special damages, including loss of profits, data, or business.
Our total liability arising out of or relating to the Service is limited to the Subscription fees paid by the Customer for the periodic Subscription invoice immediately preceding the event giving rise to the claim.
Our total liability arising out of or relating to any professional services (including implementation, onboarding, migration, training, configuration, or consulting services) is limited to the total fees paid or payable by the Customer for those professional services under the applicable Order Form or Customer Agreement.
Where a claim arises from both the Service and professional services provided in connection with it, the limitations above apply separately and cumulatively to their respective components.
Nothing in these Terms limits liability that cannot be excluded under applicable law.
12. Indemnification
The Customer shall indemnify and hold Teamspot harmless from third-party claims, damages, fines, penalties, costs, and expenses, including reasonable legal fees, arising from:
- the Customer's or Authorized Users' unlawful use of the Service;
- Customer Content;
- the Customer's breach of these Terms, the Customer Agreement, or applicable law;
- the Customer's employment, labour, payroll, tax, or workplace obligations;
- the Customer's instructions, configuration choices, or use of optional features, including location-related functionality, messaging, document uploads, absence notes, and payroll exports.
This indemnity does not apply to the extent the claim is caused by Teamspot's breach of these Terms, the DPA, or applicable law.
13. Communications and Notices
We may send service-related and operational communications necessary for the use of the Service, such as security notices, billing messages, and feature updates.
Teamspot may provide notices by email, through the Service, or by posting them on its website. Notices to Teamspot must be sent to info@teamspotapp.com unless another notice address is specified in an Order Form or Customer Agreement.
The Customer is responsible for keeping its contact and billing details up to date.
14. Third-Party Services and Integrations
The Service may integrate with or depend on third-party services, such as hosting providers, payment providers, email providers, notification services, calendar services, payroll systems, analytics tools, or other integrations.
Teamspot is not responsible for third-party services outside its reasonable control.
The Customer is responsible for enabling, configuring, and using third-party integrations lawfully and in accordance with the applicable third-party terms.
Teamspot may suspend or disable an integration where necessary for security, legal, operational, or third-party provider reasons.
15. Beta and Preview Features and Customer Feedback
Teamspot may offer beta, preview, experimental, or early-access features. Such features are provided for evaluation purposes, may be changed or discontinued at any time, and may be subject to additional limitations.
Beta or preview features are provided "as is" and are excluded from any SLA unless expressly agreed otherwise.
If the Customer or Authorized Users provide feedback, suggestions, ideas, or recommendations regarding the Service, Teamspot may use them without restriction or obligation, provided that Teamspot does not disclose Customer Confidential Information or Customer Personal Data in doing so.
16. Confidentiality
Each party may receive non-public business, technical, financial, product, security, or commercial information from the other party. Each party shall use such confidential information only for the purposes of the Service and protect it using reasonable care.
Confidentiality obligations do not apply to information that is public, already lawfully known, independently developed, or lawfully received from a third party without confidentiality restrictions.
17. Changes to These Terms
Teamspot may update these Terms from time to time. The most current version will be available within the Service or on our website.
For material changes that adversely affect existing paid Customers, Teamspot will provide reasonable advance notice where practicable.
Changes will apply prospectively and will not materially reduce Teamspot's obligations during an active subscription term without reasonable notice.
Continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms, unless otherwise required by applicable law or expressly agreed in writing.
18. Force Majeure
Teamspot is not liable for delay or failure to perform caused by events beyond its reasonable control, including outages of third-party providers, internet or telecommunications failures, power failures, cyberattacks, labour disputes, natural disasters, acts of government, war, terrorism, pandemics, or other events outside Teamspot's reasonable control.
19. Assignment
The Customer may not assign or transfer its rights or obligations under these Terms without Teamspot's prior written consent.
Teamspot may assign or transfer its rights and obligations under these Terms to an affiliate, successor, acquirer, or entity acquiring substantially all of Teamspot's business or assets, provided that such transfer does not materially reduce the Customer's rights.
20. Governing Law and Jurisdiction
These Terms are governed by the laws of The Netherlands. Any disputes shall be submitted to the exclusive jurisdiction of the courts of Utrecht, The Netherlands.
21. Contact Information
Teamspot App
Email: info@teamspotapp.com
Support: support@teamspotapp.com