Terms and Conditions

These Terms and Conditions (T&C) govern the use of absentify for self-service customers (Free, Business, and Plus plans purchased directly through the application).
For Enterprise customers with individually negotiated contracts, the Master Service Agreement (MSA) takes precedence. In case of conflict between these T&C and an MSA, the MSA shall prevail. Enterprise customers with an MSA benefit from additional rights, including SLA commitments, service credits, audit rights, and dedicated support.

The terms capitalized in these T&C have the meanings defined below. These definitions apply regardless of whether they appear in singular or plural form.

Application: The software "absentify", provided by the Company, which can be used on any electronic device.
Account: An individual account created to access the Service.
Company: absentify GmbH (formerly BrainCore Solutions GmbH), Rotachstrasse 4, 8003 Zuerich, Switzerland (also referred to as "We," "Us," or "Our").
Service: The provision of the "absentify" application.
Subscription: The services or access to the Service offered by the Company on a subscription basis.
Payment Provider: Paddle, which acts as the Merchant of Record and processes payments for the purchase of subscriptions or other services.
You: The individual or legal entity accessing or using the Service.
Content: Any data, text, files, or other materials uploaded to or created within the Service.

All payments for the Service are exclusively processed through our payment provider, Paddle.
Paddle acts as the Merchant of Record and is responsible for invoicing and tax processing.

By purchasing a Subscription through the Service, you agree to Paddle's Terms and Conditions and Privacy Policy: https://www.paddle.com/legal

The Company does not store or process any payment information. All transactions are securely handled by Paddle.

We reserve the right to change our prices at any time.
If a price change occurs, you will be notified at least 30 days in advance via email or within the Service.
If you do not agree with the price adjustment, you may cancel your Subscription before the effective date of the change. No refunds will be issued for the remaining period.

Billing is based on the number of users in a workspace, regardless of whether they are active, inactive, or archived.
The number of users is updated daily, and changes are reflected in your Subscription.
If users are added, billing is calculated daily until the end of the billing period or contract term.
If users are removed, a credit for the unused time may be issued at the Company's discretion and applied to the next invoice.

You can upgrade or downgrade your Subscription at any time via the settings in absentify.
If you downgrade, features exclusive to higher-tier plans must be deactivated beforehand.
Downgrades take effect at the end of the current billing period. No refunds or credits will be issued for the remaining period.

Invoice payments are available only for certain subscription plans.
Invoices can be issued in USD, EUR, or GBP.
For payments made via wire transfer, you are responsible for all bank and intermediary bank fees and must ensure that the full invoiced amount is received.
An invoice is considered paid only once the full invoiced amount has been received by the Payment Provider. Any shortfall, including amounts deducted as bank or intermediary bank fees, is treated as an unpaid invoice under Section 3.5.
If an invoice is not paid on time, the terms in Section 3.5 apply.

You may cancel your Subscription at any time. Your current plan remains active until the end of the billing cycle, after which your account will be automatically downgraded to the Free Plan.
You can permanently delete your account via Settings > Account Settings. This action is irreversible.
Payments already made are strictly non-refundable.
Outstanding invoices must still be paid, even if the account is deleted.
Data export: You are responsible for exporting your data before cancellation or deletion. After deletion, data cannot be recovered.

If an invoice is not paid within the due date, you will receive a payment reminder after 7 days.
If the invoice remains unpaid for another 14 days, your account will be suspended immediately without further notice.
While suspended, you will lose access to the Service, including the Free Plan and all stored data.
The suspension will be lifted only once the outstanding invoice is fully settled.
We reserve the right to permanently delete suspended accounts and all associated data after 30 days of non-payment.

The Service is provided on an "as available" basis.
We do not guarantee any specific level of availability or uptime.
Scheduled maintenance will be announced in advance when possible. We reserve the right to perform emergency maintenance at any time without prior notice.
No compensation, credits, or refunds will be issued for any downtime, service interruptions, or maintenance periods.

Support is provided via email (support@absentify.com) on a best-effort basis.
We do not guarantee response times for self-service customers.
Priority support with guaranteed response times is available exclusively to Enterprise customers with an MSA.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.
We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We process personal data in compliance with GDPR and UK GDPR.
Privacy Policy: https://absentify.com/privacy-policy
Subprocessors: https://absentify.com/subprocessors
Data Processing Agreement (DPA): https://absentify.com/dpa

The standardized Data Processing Agreement (DPA) is accepted electronically within the application.
A separate signature or physical submission is not required.

We create backups for operational purposes only.
Backups are stored for a maximum of 14 days and then permanently deleted.
Backups are not intended for customer data recovery. We do not guarantee the ability to restore data from backups upon request.

You are solely responsible for regularly exporting and backing up your own data.
This is particularly important before deleting users or workspaces, as data recovery is not possible.

The Company is not liable for any data loss, regardless of cause.
This includes, but is not limited to, data loss due to system failures, cyberattacks, accidental deletion, or service discontinuation.

Optional AI assistant features in the Service (for example the Microsoft Teams AI bot) may be enabled or disabled by a workspace administrator. Absence records, member profiles, and other workspace content are retrieved automatically from your application and transmitted to Microsoft Azure AI services only when those features are enabled.
Separately, we may use Microsoft Azure AI services to classify, summarize, and draft suggested replies for support tickets and helpdesk conversations (reviewed by support staff). That use does not depend on enabling in-product AI features and does not retrieve your workspace application database for Microsoft Azure AI services. Content you paste into a support ticket may still be processed as part of that ticket.
AI outputs are provided for convenience only. They may be incomplete or inaccurate. You remain responsible for verifying AI-assisted suggestions before relying on them, including before creating or approving absence requests.
AI features do not replace human decision-making for employment, leave approval, or other decisions with legal or similarly significant effects.
Further details are set out in our Privacy Policy.

We send transactional emails, such as confirmations, notifications, or security-related messages.
These emails cannot be disabled, but some settings can be configured.

We reserve the right to send you occasional newsletters with information about absentify.
You can unsubscribe from newsletters at any time using the unsubscribe link included in each email.

By using our Service, you agree that absentify (absentify GmbH) may identify you as a customer and display your company name and logo on our website and in marketing materials.
If you wish to opt out of this, you can contact us at support@absentify.com at any time.

All rights, title, and interest in and to the Service, including all intellectual property rights, remain exclusively with absentify GmbH.
The Service is protected by copyright, trademark, and other laws of Switzerland and international treaties.

You receive a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these T&C.
This license may be revoked at any time at the Company's sole discretion.

You retain ownership of the Content you upload to or create within the Service.
By using the Service, you grant us a worldwide, royalty-free license to process, store, and display your Content solely for the purpose of providing the Service.

Upon termination, you are responsible for exporting your data. We are not obligated to retain or provide access to your Content after termination.

If you provide us with feedback, suggestions, or ideas, you irrevocably grant us the right to use this feedback without restriction, attribution, or compensation.

You agree not to:
Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
Attempt to gain unauthorized access to the Service or its related systems.
Interfere with or disrupt the integrity or performance of the Service.
Upload any Content that is harmful, offensive, or infringes on the rights of others.
Use the Service to store or transmit malicious code or malware.
Resell, sublicense, or commercially exploit the Service without our prior written consent.
Use automated systems, bots, or scripts to access the Service without authorization.
Circumvent any security measures or access controls.

We reserve the right to immediately suspend or terminate your Account without notice if you violate these terms.
No refund will be issued in such cases.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
UNINTERRUPTED OR ERROR-FREE OPERATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
The Company's total aggregate liability for any and all claims arising out of or related to these T&C or the Service shall not exceed the lesser of: (a) the total fees actually paid by you in the 3 months preceding the claim, or (b) EUR 100 (one hundred euros).

The Company shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:
Loss of profits, revenue, or anticipated savings
Loss of data or Content
Loss of business or contracts
Loss of goodwill or reputation
Cost of procurement of substitute services
Any damages arising from interruption of service

The Company is explicitly not liable for:
Any damages resulting from your use or inability to use the Service
Any damages resulting from unauthorized access to or alteration of your data
Any damages resulting from statements or conduct of any third party on the Service
Outages or issues caused by third-party services (Microsoft Azure, Microsoft 365, Paddle, internet providers)
Data loss of any kind, regardless of cause
Any actions taken by the Company to enforce these T&C, including account suspension or termination
Force Majeure events (see Section 11)

10.4 Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your use of the Service
Your violation of these T&C
Your violation of any rights of another party
Your Content

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including but not limited to:
Natural disasters (earthquakes, floods, storms, fires)
War, armed conflict, terrorism, or civil unrest
Pandemics, epidemics, or public health emergencies
Government orders, embargoes, sanctions, or regulatory actions
Cyberattacks, hacking, or denial-of-service attacks
Failure of third-party services (Microsoft Azure, Microsoft 365, internet backbone providers, DNS providers)
Power outages or telecommunications failures
Strikes or labor disputes

During a Force Majeure event, the Company may suspend the Service without liability. No refunds or credits will be issued for such periods.

You may terminate your Account at any time by canceling your Subscription and/or deleting your workspace.
No refunds will be issued for any remaining subscription period.

We may suspend or terminate your Account at any time, for any reason or no reason, with or without notice.
Reasons for termination may include, but are not limited to: violation of these T&C, suspected fraudulent activity, extended inactivity, or business decisions.
Upon termination, your right to use the Service ceases immediately.

Upon termination, all licenses granted to you under these T&C immediately terminate.
You must cease all use of the Service.
We are not obligated to retain, return, or provide access to any of your Content after termination.
Sections that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Limitation of Liability, Indemnification, and Governing Law.

The Service is intended for business use. You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

We reserve the right to modify these T&C at any time at our sole discretion.
Changes will be announced at least 30 days in advance via email or within the Service.
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified T&C.
If you do not agree with the changes, your sole remedy is to cancel your Subscription and stop using the Service before the effective date. No refunds will be issued.

These T&C are governed exclusively by the laws of Switzerland, excluding its conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes is Zurich, Switzerland.
You irrevocably submit to the exclusive jurisdiction of the courts of Zurich, Switzerland.

If any provision of these T&C is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

The failure of the Company to enforce any right or provision of these T&C shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the Company.

You may not assign or transfer these T&C or any rights or obligations hereunder without the prior written consent of the Company.
The Company may assign these T&C at any time without notice or consent.

These T&C, together with the Privacy Policy (https://absentify.com/privacy-policy) and Data Processing Agreement (https://absentify.com/dpa), constitute the entire agreement between you and the Company regarding the use of the Service and supersede all prior agreements and understandings.
For enhanced service levels, guaranteed availability, audit rights, and dedicated support, please contact us about our Enterprise plans with a Master Service Agreement (MSA).

Email: support@absentify.com
Legal inquiries: legal@absentify.com
Enterprise inquiries: sales@absentify.com
Support Documentation: https://absentify.com/docs