Terms of service

These terms apply to every use of UpPlan, a service of LAP Solutions, established in the Netherlands. UpPlan is meant for businesses. By creating an organization you agree to these terms on behalf of your business and declare that you are authorised to do so.

UpPlan is online software for scheduling staff, recording and approving hours, leave and what goes with it. Some features, such as importing a staff list or old rotas, use a supplier's AI service and are optional. We provide the service as it is at that moment, and we keep working on it. Features may therefore change. If something essential disappears, we let you know in advance.

We do our best to keep UpPlan available and free of errors, but we don't guarantee uninterrupted availability. Where possible we plan maintenance at quiet moments.

You are responsible for what happens under your organization in UpPlan. Among other things, that means:

• You keep log-in details secret and give every user their own account.
• You enter only data you are allowed to process, and inform your staff about the use of UpPlan, including the location check when clocking in if you switch it on.
• You don't use UpPlan for anything unlawful, anything that disrupts the service or attempts to bypass its security.
• You don't copy or resell the software.

A new organization starts with a free trial. Its length and the current prices are on the pricing page. Right after creating it you add payment details through Stripe; nothing is charged during the trial. Cancel before the trial ends and you pay nothing. Otherwise the subscription starts automatically afterwards. If you don't complete the payment details, we remind you by email and delete the organization after four days.

The subscription consists of a flat monthly fee plus an amount per extra active staff member. The number of staff members is tracked automatically and prorated. You pay monthly in advance. Prices are in euros and exclude VAT; VAT is added on the invoice according to the rules of your business's country. Invoices are in UpPlan as PDFs.

We may change the prices. We announce that at least 30 days in advance, and you can cancel before the new price takes effect.

If a payment fails, we let you know. If payment remains outstanding, we may restrict access to UpPlan until it has been paid.

The subscription runs per month and can be cancelled monthly on the Billing page in UpPlan. After cancelling you keep access until the end of the paid period; after that the organization is locked until you subscribe again. We don't refund amounts already paid.

We may terminate the agreement or suspend access in case of serious or repeated abuse, or if payment remains outstanding.

The data you put into UpPlan remains yours. We use it only to provide the service. You can export timesheets and analytics for as long as you have access.

After the account is closed we delete your organization's data, as described in the privacy statement.

For your staff's personal data you are the controller and we are the processor. Together with the privacy statement, this article serves as the data processing agreement between us:

• We process the data only on your instructions and to provide the service.
• Everyone at our end who can access the data is bound to confidentiality.
• We take appropriate technical and organizational security measures, as described on the security page.
• We engage the sub-processors listed on the security page. If one is added or changed, we update that list in advance and you can object by cancelling.
• We help you with requests from data subjects and with your own obligations under the GDPR, as far as can reasonably be asked of us.
• We report a security breach that affects your data to you without undue delay.
• After the agreement ends we delete the data, except what we are legally required to keep.

UpPlan helps with complying with rules such as the Working Hours Act through checks on the length of shifts and weeks, rest and night work, but it is a tool and not legal advice. As the employer you remain responsible for your rotas, your time records, your staff's pay and compliance with the law and any collective agreement. Check hours, surcharges and amounts before you use them for payroll, and check an import before you confirm it.

The software, the design and the name UpPlan belong to LAP Solutions. For the duration of the subscription you get a non-exclusive, non-transferable right to use UpPlan for your own business.

Our liability is limited to direct damage, and to the amount you paid us in the twelve months before the event. We are not liable for indirect damage, such as lost revenue, consequential damage or fines resulting from rotas or hours you should have checked yourself.

These limitations don't apply in case of intent or deliberate recklessness on our part.

We may change these terms. We announce material changes at least 30 days in advance. If you don't agree, you can cancel before the change takes effect.

These terms are governed by Dutch law. We submit disputes to the competent court in the Netherlands, after first trying to resolve them together.