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1. About these terms
1.1These terms are an agreement between Vacaydiary Limited (“Vacaydiary”, “we”, “us”) and the business that signs up to use Vacaydiary (“you”). Vacaydiary Limited is registered in England and Wales with company number 17322035. Our registered office is The Conductor, 8 Westfield Avenue, London E20 1NW.
1.2Vacaydiary is for businesses. By creating a workspace, you confirm that you are signing up on behalf of a business and that you have authority to accept these terms for it.
1.3These terms include our data processing agreement, which applies whenever we handle personal data for you, and our privacy policy, which explains how we handle personal data as a controller.
2. The service
2.1Vacaydiary is web-based HR software. It includes leave and absence, a team calendar, rotas and clock in, employee records, right to work records, performance reviews, a perks catalogue, onboarding and offboarding workflows, document storage and e-signatures, webhooks, calendar links and read-only access for AI assistants (together, “the Service”).
2.2We may improve or change the Service from time to time. We will not make a change that removes a major part of the Service you are paying for without telling you in advance at least 30 days and, if it affects you materially, letting you cancel.
2.3Some parts of the Service connect to other companies' products, such as your calendar app, an AI assistant you choose, or a system you send webhooks to. Those products are covered by your own agreement with their providers, not by these terms.
3. Your workspace and users
3.1You can invite your employees and other people who work for you (“Users”) to your workspace. You are responsible for who you invite, what access you give them, and their use of the Service.
3.2Users who you make HR admins or directors can see and change everything in your workspace. Please give that access only to people who need it.
3.3Keep sign-in details private and tell us straight away if you think someone has accessed your workspace without permission.
4. Free trial
4.1New workspaces get a free trial of 14 days with every feature. One trial is available per business.
4.2You add a payment card when you start the trial. We do not charge it during the trial. We will email you about three days before the trial ends.
4.3If you do not cancel before the trial ends, your subscription starts and your card is charged for the plan you chose.
5. Plans, prices and payment
5.1Vacaydiary has one plan with every feature. The price depends on how many people are in your workspace (your “band”) and whether you pay monthly or yearly. Current prices are on our pricing page.
5.2Your headcount is everyone in your workspace who has not been marked as having left.
5.3If your headcount rises above your current band, we will move you to the appropriate band. The new price applies from your next renewal, with no part-period charge for the change. If headcount falls, you can request a lower band from your next renewal.
5.4Subscriptions renew automatically at the end of each monthly or yearly period until cancelled.
5.5Payments are taken by card through our payment provider, Stripe. UK businesses pay in pounds and US businesses pay in dollars. Prices exclude VAT and other sales taxes. We add VAT for UK businesses at the rate that applies at the time. We do not currently add tax for US businesses.
5.6We may change our prices. We will tell you at least 30 days before a price change affects you, and it will apply from your next renewal after that notice.
5.7For businesses with more than 300 people, we will agree pricing with you in writing.
6. Late or failed payment
6.1If a payment fails, we and Stripe will try again and let you know.
6.2If payment is still outstanding, we may pause your workspace. While it is paused, your Users cannot use the Service, but your HR admins can still update payment details and download your data.
6.3We will restore access once the outstanding amount is paid.
7. Cancelling
7.1You can cancel at any time from your billing settings. Your subscription will continue until the end of the period you have paid for and will not renew.
7.2We do not refund partial periods, except where the law requires us to or where we have ended the agreement without cause.
7.3We may end this agreement by giving you 30 days' written notice. We may end it straight away if you seriously breach these terms and do not put it right within 14 days of us asking, or if you become insolvent.
8. Your data
8.1You own the data you and your Users put into Vacaydiary (“Customer Data”). You give us permission to use it only to provide, secure and support the Service for you.
8.2For personal data in Customer Data, you are the controller and we are your processor. Our data processing agreement sets out how we handle it.
8.3You are responsible for having a lawful basis to put personal data into Vacaydiary and for telling your employees how their data is used, for example in your employee privacy notice.
8.4You can export your data at any time while your workspace exists, including after cancellation. After your subscription ends, we will keep Customer Data for 90 days so you can export it, then delete it, unless you ask us to delete it sooner or the law requires us to keep it. Ask Guy: how long we keep data after a customer cancels. 90 days is a placeholder. The app does not delete data automatically today, so the developer will need to add this.
8.5We may use information about how the Service is used, with no Customer Data in it that identifies a person, to run and improve Vacaydiary.
9. HR guidance and records
9.1Vacaydiary shows figures and suggestions to help you, such as statutory holiday minimums, pro rata allowances, Bradford Factor scores and burnout risk flags. These are guidance only and not legal advice. Statutory rules change and individual situations differ. You remain responsible for your HR decisions and for meeting your legal obligations as an employer.
9.2Right to work and work authorization features keep a record of the checks you carry out. They do not carry out or verify a check, and they do not replace the checks the law requires you to make.
9.3Vacaydiary does not run payroll. Any pay information it holds is for your records.
10. E-signatures
10.1The Service lets Users sign documents electronically. You are responsible for deciding whether an electronic signature is suitable for a particular document and for the content of documents you send.
11. AI access
11.1If you connect an AI assistant to Vacaydiary, the assistant can read Customer Data that your connection allows. That data is then handled by your AI provider under your agreement with them. We are not responsible for what your AI provider does with it, or for the accuracy of its answers.
11.2Only your HR admins or directors can connect an assistant. You can disconnect it at any time.
12. Acceptable use
12.1You and your Users must not:
- use the Service for anything unlawful, or to store content you have no right to store
- try to get into another customer’s data, or test or bypass our security without our written permission
- overload, disrupt or reverse-engineer the Service, except where the law allows
- resell the Service or let anyone outside your business use it, other than people working for you
- upload malware or harmful files
12.2We may suspend access if we reasonably believe the Service is being misused, and we will tell you why unless the law stops us.
13. Availability and support
13.1We aim to keep Vacaydiary available at all times, but we do not promise it will be uninterrupted or error-free. We may need to carry out maintenance, and we will try to give notice of planned downtime.
13.2You can contact support through the feedback button in the app or by email at support@vacaydiary.com. Add support hours or response times if the team wants to commit to them.
14. Confidentiality
14.1Each of us will keep the other’s confidential information private and use it only for this agreement, except where the law requires disclosure.
15. Liability
15.1Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot legally be limited.
15.2Neither of us is liable for loss of profit, revenue, business, goodwill or anticipated savings, or for indirect or consequential loss.
15.3Subject to 15.1, each party’s total liability under or in connection with this agreement in any 12-month period is limited to the fees you paid us in that period or £X if greater. Solicitor to advise, including whether data protection breaches need a separate cap.
16. Changes to these terms
16.1We may update these terms. If a change materially affects you, we will tell you at least 30 days before it applies. If you do not agree, you can cancel before it takes effect.
17. General
17.1You may not transfer this agreement without our consent. We may transfer it to a company that takes over our business, and we will tell you if we do.
17.2If any part of these terms is found unenforceable, the rest still applies.
17.3These terms are the whole agreement between us about the Service.
17.4These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. Solicitor to advise on terms for US customers.
18. Contact
Vacaydiary Limited, The Conductor, 8 Westfield Avenue, London E20 1NW. Email: hello@vacaydiary.com.