General Terms

Article 1 — Definitions

In these General Terms and Conditions, the following definitions apply:

“Workly”

Workly BV, having its registered office at Stationsstraat 85 E, 2250 Olen, Belgium. VAT number: [to be added]. Email: info@worklyhq.com.

“Platform”

The SaaS web application offered by Workly, accessible via worklyhq.com and its subdomains, including the associated mobile web app (PWA).

“Client”

Any natural or legal person who creates an account on the Platform and thereby enters into an Agreement with Workly.

“User”

Any person who accesses the Platform on behalf of the Client, including staff members via the staff portal.

“End Customer”

The client or visitor of the Client who places an order, makes a reservation, or purchases a gift voucher via the Platform.

“Services”

All functionalities offered by Workly through the Platform, as described in Article 4.

“Agreement”

The agreement between Workly and the Client that is formed upon account creation and acceptance of these General Terms and Conditions.

“Subscription”

The paid plan chosen by the Client that grants access to (part of) the Services.

Article 2 — Scope

These General Terms and Conditions apply to all use of the Platform, to every Agreement between Workly and the Client, and to all obligations arising therefrom. Any deviating terms of the Client are expressly rejected unless Workly has accepted them in writing.

By creating an account and checking the "I agree to the General Terms and Conditions" checkbox, the Client confirms having read and fully accepted these terms.

Article 3 — Formation of the Agreement

The Agreement is formed at the moment the Client completes the registration process on the Platform, including checking the acceptance of these General Terms and Conditions. At that time, the date and time of acceptance, the accepted version of the terms, the Client's IP address, and the user's email address are electronically recorded.

Right of withdrawal — B2B exclusion: The Platform is directed exclusively at professional Clients (businesses within the meaning of Book I of the Belgian Code of Economic Law). In accordance with Article VI.53, 1° of the Belgian Code of Economic Law, the 14-day right of withdrawal does not apply to contracts that have been fully performed with the express prior consent of the consumer. Upon activation of the account, the Client consents to the immediate performance of the Services, as a result of which no right of withdrawal applies. Moreover, the statutory right of withdrawal applies exclusively to consumers (B2C) and not to professional purchasers (B2B).

Article 4 — Description of Services

The Platform offers, depending on the chosen Subscription, the following modules and functionalities:

• Reservation Management — Online reservation system for hospitality and catering businesses, including table planning and guest lists.
• Staff Planning — Shift and time registration, work scheduling, staff portal with PIN access.
• Mailing Campaigns — Email newsletters and campaigns to customers and guests (with GDPR-compliant opt-in and unsubscribe options).
• Gift Vouchers — Digital gift vouchers that End Customers can purchase and redeem at the Client's business. Validity: see Article 9.
• QR Order System — QR code-driven order pages allowing End Customers to order on-site or remotely.
• Invoicing & Peppol — Invoice creation, management, and electronic invoicing via the Peppol network.
• Inventory Management — Product management, inventory counting, profit margin calculations, and insights.
• Catalog & Website — Online catalog page with menu, customizable per organization.
• Financial Dashboard ("The Beast") — Profit and loss overviews, revenue analysis, cost management.
• Quotes — Create, send, and track quotes for catering assignments.

Workly reserves the right to add new features, improve existing modules, or modify non-essential functionalities. If a core feature of a paid Subscription is removed, the Client will be notified by email at least 30 days in advance.

Article 5 — Subscriptions and Pricing

5.1 Subscription Plans

Workly offers the following subscription plans:

Hospitality:

• Go — €179/month (annual: €165/month)
• Plus — €350/month (annual: €325/month)
• Go Plus — €450/month (annual: €415/month)

Caterer:

• Basic — €179/month (annual: €165/month)
• Pro — €350/month (annual: €325/month)
• Enterprise — €450/month (annual: €415/month)

All prices are inclusive of VAT (21%).

5.2 Free Trial

New Clients receive a free trial period of 14 calendar days. No payment method is required during this period. After the trial, the Client must choose a Subscription to continue using the Platform.

5.3 Price Changes

Workly may adjust prices. Price changes will be communicated by email at least 30 days before the effective date. In case of a price increase, the Client has the right to terminate the Agreement before the effective date, in accordance with Article 7.

Article 6 — Payment Terms

6.1 Payment in Advance

All subscription fees are invoiced in advance. For monthly Subscriptions, the Client receives an invoice before the start of each new month for the upcoming month. For annual Subscriptions, the full annual amount is invoiced before the start of the new annual period.

6.2 Payment Methods

Payment is made via the payment methods available on the Platform (credit card, Bancontact, direct debit via Stripe). The Client is responsible for keeping their payment details up to date.

6.3 Due Date

Invoices are payable before the start of the new billing period. The invoice date marks the beginning of the payment term.

6.4 Late Payment Procedure

If payment is not received on time, the following procedure applies:

• Days 1–7 after due date: Workly sends an automatic payment reminder by email. During this period, the account remains fully operational.
• Days 8–14 after due date: A second reminder is sent. Workly reserves the right to restrict certain features (such as creating new events or sending mailings).
• Days 15–30 after due date: The account is suspended. The Client and their staff will no longer have access to the Platform. All data is retained during the suspension period.
• After 30 days past due date: Workly has the right to terminate the Agreement with immediate effect. The Client is given 30 additional days to export their data, after which all data will be permanently deleted.

6.5 Default Interest and Compensation

In the event of late payment, interest of 10% per annum on the outstanding amount is owed automatically and without notice of default, as well as a fixed compensation of €40.00 per unpaid invoice to cover administrative costs, without prejudice to Workly's right to claim higher compensation if the actual damage exceeds this amount.

6.6 VAT

All prices on the Platform and website are inclusive of VAT unless explicitly stated otherwise. The applicable VAT is shown separately on the invoice.

6.7 Price Indexation

Workly may index prices annually based on the Belgian consumer price index. Price changes are communicated by email at least 30 days in advance. In the event of a price increase exceeding 10%, the Client has the right to terminate the Agreement free of charge before the effective date of the new prices.

Article 7 — Duration and Termination

7.1 Term

The Agreement is entered into for an indefinite period for monthly Subscriptions, or for a fixed term of 12 months for annual Subscriptions, in each case tacitly renewed for the same period.

7.2 Notice Period

• Monthly Subscription: can be terminated with 14 calendar days' notice before the end of the current billing period.
• Annual Subscription: can be terminated with 1 month's notice before the end of the current annual period.

Termination is done via the settings on the Platform or by email to info@worklyhq.com.

7.3 Consequences of Termination

After termination, the Client retains read access to the Platform for 30 calendar days to export data. After this period, all data is permanently deleted, except financial data that Workly is legally required to retain (7 years, pursuant to Belgian accounting law).

No refunds are provided for billing periods already commenced.

Article 8 — Payment Processing via Stripe Connect

For Clients using the QR order system or gift voucher module, payment processing is handled via Stripe Connect Express. In this context:

• The Client is required to create and link their own Stripe Connect account to the Platform.
• Workly charges an application fee (transaction fee) on each payment, depending on the Subscription:
  • Go / Basic: 2.5% per transaction
  • Plus / Pro: 1.5% per transaction
  • Go Plus / Enterprise: 0% per transaction
• The Client is subject to the Stripe Connected Account Agreement and the Stripe Privacy Policy.
• Workly is not responsible for decisions by Stripe regarding account approval, freezing of funds, or chargebacks.

Article 9 — Gift Vouchers

Gift vouchers issued via the Platform are valid for 1 year from the date of purchase, in accordance with Belgian legislation (Art. VI.73/1 CEL).

• The Client (hospitality/catering business) is responsible as the issuer for the correct redemption and accounting of gift vouchers.
• Workly exclusively facilitates the technical processing (creation, validation, redemption) and is not a party to the agreement between the Client and the End Customer.
• Workly is not liable for misuse, fraud, or loss of gift vouchers by the Client or End Customers.
• Unused gift vouchers are automatically deactivated on the Platform after the expiry date.

Article 10 — Intellectual Property

All intellectual property rights to the Platform, software, design, documentation, and the "Workly" brand name belong exclusively to Workly BV.

The Client retains full ownership of all data entered, uploaded, or generated on the Platform (menus, orders, customer data, etc.). Workly obtains a limited license thereto, solely for the purpose of providing the Services to the Client.

The Client is prohibited from copying, reverse engineering, decompiling, or using the Platform, source code, design, or any part thereof for developing a competing product.

Article 11 — Liability

11.1 Limitation to Direct Damage

Workly is exclusively liable for direct damage that is the immediate and proven result of an attributable failure in the performance of its obligations under this Agreement.

11.2 Exclusion of Indirect Damage

Workly is under no circumstances liable for any form of indirect, special, incidental, or consequential damage, including but not limited to:

• Loss of profit or revenue
• Loss of income or missed savings
• Loss of goodwill or reputational damage
• Business stagnation or interruption
• Loss of data (see 11.5)
• Consequential damage of any nature
• Damage resulting from the use of results or advice generated by the Platform

11.3 Maximum Liability

Workly's total liability is in all cases limited to the amount the Client has actually paid in Subscription fees to Workly during the 12 months preceding the event giving rise to the damage. If the Client has been a customer for less than 12 months, this amount is calculated pro rata.

11.4 Notification Obligation

The Client must report any damage in writing to Workly (by email to info@worklyhq.com) within 14 calendar days of discovery, failing which any right to compensation lapses. The report must contain a detailed description of the damage, the suspected cause, and the estimated extent.

11.5 Duty to Mitigate and Backups

The Client is obliged to take reasonable measures to limit damage as soon as it detects a defect or malfunction in the Platform.

The Client is solely responsible for regularly making backups and exporting its data. Workly provides export functionality for this purpose via the Platform. Workly is not liable for data loss resulting from the Client's failure to make backups.

11.6 Third Parties

Workly is not liable for disruptions, errors, shortcomings, or damage caused by third-party services used by the Platform, including Stripe (payment processing), Supabase (database hosting), Vercel (application hosting), and Resend (email service). The separate terms and liability limitations of the respective provider apply to these services.

Article 12 — Privacy and Data Protection

Workly processes personal data in accordance with the General Data Protection Regulation (GDPR — Regulation (EU) 2016/679) and Belgian data protection legislation.

For a complete description of which data is collected, on what legal basis, how long it is retained, and what rights the Client and End Customers have, please refer to our Privacy Policy.

Regarding personal data of End Customers (order data, email, phone): the Client acts as data controller and Workly as processor within the meaning of Article 28 GDPR. The provisions of this Agreement serve as the data processing agreement.

Article 13 — Dimona Integration and Mandate

13.1 Dimona Integration

The Platform offers the ability to electronically submit Dimona declarations (IN, OUT, DAILY, UPDATE, and CANCEL) to the Belgian National Social Security Office (RSZ/ONSS) via the official Belgian government API.

13.2 Mandate

Before using the Dimona module, the Client grants Workly BV an electronic mandate to submit Dimona declarations to the RSZ/ONSS on behalf of and for the account of the Client. This mandate is managed via the Mahis portal of the RSZ or via an equivalent mechanism accepted by the government.

13.3 Client Responsibility

The Client, as employer, remains responsible at all times for:

• The accuracy and completeness of the submitted Dimona declarations (INSZ/NISS numbers, start and end dates, employee categories).
• Timely submission of declarations in accordance with legal deadlines (no later than at the moment of employment commencement).
• Management and revocation of the mandate upon termination of the Agreement.

13.4 Limitation of Liability

Workly acts solely as a technical intermediary and is not liable for:

• Errors in the data entered by the Client.
• Late or non-compliant declarations resulting from incorrect or incomplete input by the Client.
• Fines or sanctions imposed by the RSZ/ONSS or the Social Inspectorate.
• Unavailability or malfunctions of the RSZ API or the Mahis portal.

13.5 Logging and Audit Trail

All Dimona declarations are logged on the Platform with the timestamp, declaration type, INSZ/NISS number, and the RSZ status response. These logs are retained for 5 years after submission, in accordance with social security record-keeping obligations.

Article 14 — Processing of Staff Personal Data

14.1 Role of the Client

When the Client enters staff data on the Platform (names, INSZ/NISS numbers, contract details, work schedules), the Client acts as data controller for this data.

14.2 Role of Workly

Workly processes this staff data exclusively as processor within the meaning of Article 28 GDPR, and only for the purposes of the modules activated by the Client (staff planning, Dimona declarations, time registration).

14.3 INSZ/NISS Numbers

The INSZ/NISS number (Identification Number of Social Security) is processed by Workly exclusively for the purpose of submitting Dimona declarations to the RSZ/ONSS. Processing is based on the Client's legal obligation as employer (Art. 6(1)(c) GDPR in conjunction with the Act of 24 January 2003 and RSZ legislation). INSZ/NISS numbers are stored encrypted (AES-256) and are accessible only via the staff module.

14.4 Security Measures

Workly implements specific technical and organizational measures for staff data:

• Encryption of INSZ/NISS numbers at rest (AES-256) and in transit (TLS 1.3).
• Access control: only the Client administrator can view and edit INSZ/NISS numbers.
• Row-Level Security (RLS) at database level: strict isolation of staff data per organization.
• Audit logging of every change to staff records.

14.5 Retention and Deletion

Staff data is retained for the duration of the Agreement. After termination, the Client has 30 days to export data, after which all staff data (including INSZ/NISS numbers) is permanently and irreversibly deleted, without prejudice to legal retention obligations.

Article 15 — Client Obligations

The Client undertakes to:

• Provide and maintain correct and up-to-date business and contact information.
• Keep login credentials and access codes to the Platform confidential and not share them with unauthorized persons.
• Use the Platform exclusively for lawful purposes and in accordance with applicable legislation.
• Bear responsibility for all activities that take place under its account and those of its staff members.
• Refrain from actions that could harm the operation, stability, or security of the Platform.
• Comply with applicable GDPR legislation when processing personal data of End Customers via the Platform.

Article 16 — Availability

Workly aims for a Platform availability of 99.5% on an annual basis, measured outside scheduled maintenance windows. This is a best-effort obligation, not a guarantee of results.

• Scheduled maintenance is performed outside business hours where possible and announced in advance when feasible.
• Workly does not guarantee uninterrupted or error-free operation of the Platform.
• No Service Level Agreement (SLA) with financial compensation applies unless otherwise agreed in writing for Enterprise clients.

Article 17 — Force Majeure

Workly is not liable for failure to perform or late performance of obligations due to force majeure. Force majeure includes, among other things:

• Disruptions in the internet, telecommunications networks, or hosting infrastructure
• DDoS attacks, cyberattacks, or other forms of cybercrime
• Government measures, legislative changes, or court orders
• Natural disasters, pandemics, war, or terrorism
• Strikes or labor unrest at suppliers
• Failures at the third parties mentioned in Article 11.6

During the period of force majeure, Workly's obligations are suspended. If the force majeure situation continues for more than 60 calendar days, each party has the right to terminate the Agreement with immediate effect, without being liable for any compensation.

Article 18 — Amendment of Terms

Workly reserves the right to amend these General Terms and Conditions. Amendments shall be communicated to the Client by email at least 30 calendar days before the effective date.

Continued use of the Platform after the effective date constitutes acceptance of the amended terms. If the Client does not agree with the amendments, they may terminate the Agreement before the effective date, subject to the applicable notice period under Article 7.

Article 19 — Governing Law and Disputes

These General Terms and Conditions and the Agreement are governed by Belgian law.

Any dispute arising from or in connection with this Agreement shall be exclusively submitted to the Enterprise Court of Antwerp, Turnhout division, without prejudice to Workly's right to bring a claim before the court of the Client's domicile or registered office.

Article 20 — Severability and Final Provisions

If any provision of these General Terms and Conditions is declared null, void, or unenforceable, this does not affect the validity of the remaining provisions. The void provision shall be replaced by a valid provision that most closely approximates the economic purpose of the original provision.

These General Terms and Conditions, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between Workly and the Client regarding the use of the Platform.