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TERMS OF SERVICE

Last updated: March 27, 2025

1. SCOPE AND DEFINITIONS

1.1. These Terms of Service (ToS) of Stephan Hamann Solutions, Owner: Stephan Hamann, located at Zweinaundorfer Straße 14, 04318 Leipzig, Germany (hereinafter "PlanFast") form the exclusive basis for the use of services offered via the internet platform at the domain https://planfast.app.

1.2. Within the framework of the service agreement, these ToS apply to the legal relationship between PlanFast and the customer. Deviating or conflicting conditions of the customer do not apply unless PlanFast has expressly agreed in writing.

1.3. The term "User" refers to a user account registered on the platform that may be assigned to a natural or legal person.

1.4. "Employees" and "Managers" are users who have been assigned corresponding rights within the platform.

2. CONTRACT FORMATION

2.1. The contractual relationship is established through completion of the online checkout on the platform.

2.2. The content and scope of the contract result from the agreements made in the online checkout as well as these ToS.

2.3. By concluding the contract, the customer confirms that they are acting in the exercise of their commercial or independent professional activity.

3. SERVICES / SCOPE OF SERVICES

3.1. PlanFast offers a web-based shift planning and time management solution. The scope of services includes:

Shift Planning: Creating, editing, and managing shifts including start and end times as well as recording absences (e.g., vacation, illness).

Time Account: Documentation of recorded working hours (start and end of shift; break times are automatically calculated and deducted according to legal requirements).

3.2. Plan-specific Features: The scope of services varies depending on the chosen subscription plan:

3.2.1. Pro Plan (up to 10 employees)

3.2.2. Business Plan (up to 25 employees)

3.2.3. Enterprise Plan (unlimited employees)

3.3. Payroll Export: PlanFast offers DATEV-compliant payroll exports for Pro, Business, and Enterprise plans. Export is done at the customer's responsibility. PlanFast assumes no retention obligation for exported data. The customer is obligated to retain downloaded payroll documents in accordance with legal requirements and to dispose of them in a data protection-compliant manner after the retention period expires. Users are obligated to verify the accuracy of exported data and report errors immediately.

4. SERVICE PROVISION, COMPENSATION, AND TERMINATION

4.1. Compensation Basis: Compensation is based exclusively on the number of active users in the respective 30-day billing period. If a user is removed from the app during a billing period, they will remain fully considered for billing for the current period. Changes take effect from the following month.

4.2. Termination Policy: The contractual relationship may be terminated by either party at the end of a calendar month via the customer portal at https://planfast.app/customer-portal.

4.3. Minimum Contract Term: When entering into a contract with a minimum term, the contractual relationship generally only ends at the end of this term. Termination before the end of the minimum term is only possible for good cause. If the minimum term is not observed, a monthly notice period applies from its end.

4.4. Data Retention: After termination of the contractual relationship, all customer data will be deleted – in compliance with legal retention obligations.

5. BILLING, DUE DATES, AND INVOICING

5.1. Billing is done monthly based on active users in the respective 30-day billing period.

5.2. The invoice amount is due within 14 days of receipt of the invoice without deductions.

5.3. Objections to the invoice must be raised in writing within two weeks of receipt.

6. CONTRACT AMENDMENTS

6.1. Amendments to these ToS require the express written consent of both parties.

6.2. PlanFast is entitled to submit amendment proposals. These will be communicated to the customer in text form indicating the intended effective date. Amendments only become effective when the customer expressly confirms them in writing.

7. USE OF PLANFAST

7.1. The customer is solely responsible for the accuracy and completeness of data entered on the platform.

7.2. Use of the platform must comply with applicable laws. The customer agrees not to post illegal content or use automated programs that could disrupt platform operations.

7.3. Protection of access data is the customer's responsibility. PlanFast must be notified immediately of any indications of misuse.

7.4. Time Tracking and Incorrect Entries: The customer and their employees are obligated to record working hours correctly and check them regularly. Incorrect entries or discrepancies must be reported immediately to Support. PlanFast assumes no liability for incorrect or late-reported working time data.

8. DATA PROTECTION

8.1. The customer confirms that the transmitted personal data has been collected and transmitted in accordance with legal provisions (in particular GDPR, BDSG, and TMG).

8.2. Insofar as PlanFast processes personal data on behalf of the customer, a corresponding data processing agreement will be concluded.

8.3. The regulations of the PlanFast Privacy Policy (https://planfast.app/en/privacy-policy) also apply.

9. LIABILITY

9.1. PlanFast is generally only liable for damages based on intentional or grossly negligent breaches of duty.

9.2. In case of slightly negligent breaches of duty, PlanFast is liable for typical, foreseeable damage to a reasonable, fair extent.

9.3. Damages from breach of essential contractual obligations (cardinal obligations) as well as damages from injury to life, body, or health are excluded from liability limitations.

9.4. PlanFast is not liable for damages resulting from customer violations of laws or third-party rights, unless PlanFast is at fault.

9.5. PlanFast assumes no liability for incorrect entries or erroneous working time data that were not reported immediately. The customer is obligated to regularly check all working time data and report incorrect entries immediately to Support.

10. SET-OFF AND RIGHT OF RETENTION

10.1. The customer has a right of set-off only if their counterclaims have been legally established or are undisputed.

10.2. PlanFast reserves a temporary right of use if the customer is in default with payment. The customer's right of retention is only permissible insofar as the respective counterclaim arises from the same contractual relationship.

11. FINAL PROVISIONS

11.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

11.2. The place of jurisdiction – if the customer is a merchant, legal entity under public law, or special fund under public law – is PlanFast's location in Leipzig.

11.3. Should any provision of these ToS be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.

11.4. The use of the masculine form serves solely for linguistic simplicity and includes all genders.