CadenceNederlands

Draft: this text is still being reviewed by a lawyer.

Terms of service

These terms apply to the use of Cadence, the service with which teams rate their ceremonies, run pulse checks and follow up their retrospectives. Cadence is provided by legal name, trading as TimeInvest, registered with the Netherlands Chamber of Commerce (KvK) under number KvK number, located at address (TimeInvest, we). These terms are a translation of the Dutch version; if the two differ, the Dutch version prevails.

1. Who these terms apply to

  1. These terms apply to every agreement between TimeInvest and an organisation that uses Cadence (the customer), and to every use of Cadence by people the customer gives access (users).
  2. Cadence is meant for organisations, not for consumers. Whoever creates an organisation or takes out a subscription confirms that they are authorised to act on behalf of that organisation.
  3. The customer’s own terms and conditions do not apply, unless we have accepted them in writing.
  4. Other arrangements apply only when they are recorded in writing, for example in a quotation or a separate agreement. Where they conflict with these terms, that arrangement prevails.

2. The service

  1. Cadence is an online service that we host in the European Union. Its functions are described on our website and in the service itself. We develop Cadence continuously and may add, change or end functions, as long as the core of the service remains.
  2. Some functions work only with services of others, such as Microsoft, Google, Slack, Jira or Azure DevOps. Their terms apply to those services. The customer decides which connections to switch on.
  3. Optional functions, such as AI assistance, the analysis of meeting transcripts and the Meeting Persona Assessment, are off by default. The customer decides whether to switch them on.

3. Accounts and access

  1. The customer appoints at least one administrator. Administrators add users, manage teams and rights, and decide how users sign in.
  2. The customer makes sure that users keep their sign-in details secret and use Cadence according to these terms. The customer is responsible for what happens with Cadence within its organisation.
  3. If the customer suspects misuse of an account, it tells us as soon as possible.

4. Free trial, prices and payment

  1. Cadence is priced per team, per month, at the prices that apply when the subscription is taken out. All prices exclude VAT.
  2. A new subscription can start with a free trial period. If the customer does not cancel, the subscription continues as a paid subscription after the trial.
  3. The number of teams the customer pays for follows the number of active teams in Cadence. When the customer adds a team or archives one, the next invoice is adjusted pro rata.
  4. We invoice in advance, through our payment provider. The customer pays by direct debit or card, or in another way we offer.
  5. If a payment fails, we try again and let the administrators know. If payment remains outstanding, we may restrict access until the customer has paid. The customer’s data is kept during that time.
  6. We may change prices. We announce an increase at least 30 days in advance; it applies from the next subscription period. If the customer does not agree, it can cancel before the increase takes effect.
  7. With some customers we make separate arrangements about invoicing, for example for a pilot or an organisation-wide licence. Those arrangements then prevail.

5. Term and cancellation

  1. A subscription runs per month and is renewed automatically for the same period.
  2. The customer can cancel at any time in Cadence. Cancellation takes effect at the end of the current period; until then the customer keeps access. We do not refund amounts for a current period.
  3. We can end a subscription with three months’ notice, or immediately if the customer seriously breaches these terms, goes bankrupt or is granted a suspension of payments.

6. The customer’s data

  1. All data that the customer and its users enter in Cadence remains the customer’s. We use it only to provide, secure and improve Cadence, as described in the data processing agreement.
  2. For personal data that we process on the customer’s behalf, the customer is the controller and we are the processor. Our data processing agreement is part of every agreement and prevails on that point in case of conflict.
  3. Administrators can download all data of their organisation at any time. At the end of the agreement, the customer can have its organisation deleted. Deletion takes place 30 days after the request, so that the customer can still change its mind. After that it cannot be undone.
  4. We never use the customer’s data to train AI models, and we do not sell it to others.
  5. We may use data about the use of Cadence that cannot be traced to a person or an organisation to improve the service. We show comparisons between organisations (benchmarks) only to organisations that take part themselves, and only when enough organisations take part that no one is recognisable.

7. Acceptable use

The customer and its users do not use Cadence to:

In case of a serious or repeated breach, we may restrict access or end the agreement. Where possible, we warn first.

8. Availability and support

  1. We do our best to keep Cadence available at all times, but we cannot guarantee uninterrupted availability, unless we have agreed a service level in writing.
  2. We carry out planned maintenance outside office hours where possible, and announce longer interruptions in advance.
  3. The customer can ask questions at email address. We respond on working days, as soon as is reasonably possible.

9. Intellectual property

  1. Cadence, the software, its design and the content we provide, such as the activities in the Team Lab, belong to TimeInvest or our licensors. For the duration of the subscription, the customer receives a non-exclusive, non-transferable right to use Cadence within its organisation.
  2. We may freely use ideas or feedback the customer gives us about Cadence to improve the service.

10. Liability

  1. Our liability for damage arising from the agreement or from the use of Cadence is limited, per year, to the amount the customer paid us in the twelve months before the event that caused the damage.
  2. We are not liable for indirect damage, such as consequential loss, lost profit, missed savings or damage from business interruption.
  3. These limitations do not apply in case of intent or deliberate recklessness on the part of our management.
  4. The customer must report damage to us in writing as soon as possible, and no later than twelve months after it arose.

11. Force majeure

We are not obliged to fulfil our obligations if that is impossible because of circumstances beyond our control, such as outages at our hosting provider or internet providers, a cyber attack we could not reasonably have prevented, or government measures. If force majeure lasts longer than 60 days, either party may end the agreement.

12. Confidentiality

Both parties keep the other’s confidential information secret, also after the agreement ends, and use it only to carry out the agreement.

13. Changes to these terms

We may change these terms. We tell administrators about important changes at least 30 days before they take effect. If the customer does not agree, it can cancel before the change takes effect.

14. Governing law and disputes

These terms and every agreement with TimeInvest are governed by Dutch law. Disputes are brought before the competent court in the district where TimeInvest is located, unless the law requires otherwise. We always try to resolve matters together first.

15. Contact

TimeInvest · address · email address · KvK KvK number

Version 1.0 · effective date