Terms of Service

1. Agreement

These Terms of Service ("Terms") are an agreement between PAP SOFTWARE SOLUTIONS L.P., a limited partnership (Ε.Ε.) registered in Greece under General Commercial Registry (GEMI) number 172897553000 ("openbranchhq", "we", "us"), and the organization that creates an openbranchhq account or buys a subscription ("Customer", "you").

By creating an account, accepting an invitation, or using the Service, you agree to these Terms. If you accept them on behalf of an organization, you confirm that you have authority to bind it. The Service is for business use, and you must be at least 18 years old to create an account.

Our Privacy Policy explains how we handle personal data. Our Data Processing Agreement (DPA) forms part of these Terms and applies whenever we process personal data on your behalf.

2. Definitions

• "Service" means the hosted openbranchhq application at openbranchhq.com and its subdomains, and the support we provide for it.
• "Organization" means a workspace in the Service created by a Customer.
• "Users" means the people a Customer allows to access its Organization, including employees who accept an invitation.
• "Customer Data" means all data submitted to the Service by or for a Customer, including employee records, leave requests, attachments and documents.
• "Seat" means an employee in an Organization whose status is active or offboarding.
• "Self-Hosted Software" means the openbranchhq source code when you run it on infrastructure you control.
• "Commercial Add-ons" means the parts of the Self-Hosted Software licensed under the openbranchhq Commercial License, which live in directories named ee, as listed in LICENSING.md.

3. Accounts and organizations

You are responsible for keeping your account information accurate, for keeping credentials secure, and for all activity in your Organization. Owners and admins decide who is invited and which role each User holds, and you are responsible for your Users' compliance with these Terms.

Tell us promptly at [email protected] if you suspect unauthorized access to an account.

4. Your data

You keep all rights to Customer Data. You grant us a worldwide, non-exclusive license to host, copy, transmit and display Customer Data only as needed to provide, secure and support the Service, and as you instruct.

You are responsible for Customer Data and for having a lawful basis to process it. That includes informing your employees and, where leave records or attachments contain health information such as medical certificates, meeting any additional legal conditions that apply to it.

The Service is not designed for protected health information under HIPAA or for payment card data, and you must not store either in it.

We do not sell Customer Data, use it for advertising, or use it to train AI models.

5. Acceptable use

You will not, and will not allow Users to:

• use the Service in breach of law, including employment, privacy and anti-discrimination law;
• upload malware, or content that infringes someone else's rights;
• try to access another organization's data, probe or bypass the Service's security or plan limits, or disrupt the Service;
• send unsolicited messages through invitations or notifications;
• place unreasonable load on the Service, including through automated scraping;
• resell the Service, or provide it to third parties other than to manage your own workforce.

6. Plans, seats and billing

The Free plan costs nothing within the limits shown on our pricing page. Paid plans and add-ons are charged at the prices on that page when you subscribe, or as agreed in an order form.

Paid plans are billed monthly in advance and renew automatically until cancelled. Your Seat count follows your headcount: a Seat added during a billing period is charged straight away, prorated for the rest of that period, and a Seat removed becomes a credit on your next invoice.

Polar is our merchant of record. It processes payments, issues invoices, and collects and remits sales tax and VAT, and its own terms apply to the payment transaction. Prices exclude taxes unless stated otherwise.

You can cancel at any time in the billing portal. Cancellation takes effect at the end of the current billing period, after which your Organization moves to the Free plan and anything beyond its limits stops working; we do not delete data because of a downgrade. Deleting your Organization instead cancels its subscriptions immediately. Fees, including those already paid for the current period, are non-refundable except where the law requires otherwise.

We may change prices with at least 30 days' notice by email, effective from your next billing period. If a payment fails and is not resolved after we notify you, we may move your Organization to the Free plan or suspend it.

7. Self-hosted software and commercial add-ons

The openbranchhq core is open source under the GNU Affero General Public License v3.0 (AGPL-3.0). Your use of it is governed by that license, not by these Terms.

The Commercial Add-ons are licensed under the openbranchhq Commercial License. You may copy and modify them for development and testing without a subscription. Using them in production requires an active commercial subscription that covers the correct number of Seats. These Terms are the Subscription Terms that license refers to, and their billing, liability and general sections apply to that subscription as they do to the Service.

You operate a self-hosted installation yourself. We do not host it or receive its data, we are not its processor, and the DPA does not apply to it.

8. Free plan and preview features

The Free plan and features labelled beta, preview or coming soon are provided as they are. We may change or withdraw them at any time, and they are excluded from any service commitment.

9. Intellectual property and feedback

Apart from the rights granted by open-source licenses, we and our licensors own the Service, including its software and design. These Terms give you no right to use the openbranchhq name or logo, other than to refer to the Service.

If you send us feedback or suggestions, we may use them without restriction or obligation to you.

10. Confidentiality

Each party will protect the non-public information it receives from the other under these Terms with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and contractors bound by similar obligations.

This does not apply to information that is or becomes public through no fault of the recipient, that the recipient already knew or developed independently, or that the law requires it to disclose. In that last case the recipient will give notice first where it is allowed to.

11. Availability and support

We work to keep the Service available and secure, but we do not guarantee uninterrupted availability. There is no service-level agreement unless one is set out in a separate written agreement, such as an Enterprise order form.

We may carry out maintenance and change the Service, provided we do not materially reduce the core functionality of a paid plan during its current billing period.

Support is provided by email at [email protected].

12. Suspension and termination

You can stop using the Service and delete your Organization at any time. We may suspend or terminate your access, with notice where practical, if you materially breach these Terms and do not cure the breach within 15 days of our notice, if a payment is overdue, or immediately where needed to prevent harm to the Service, other customers or third parties, or to comply with law.

If your access ends for any other reason than your deleting the Organization, you have 30 days to export Customer Data, using the exports in the Service or by asking us for a copy. After that we delete it as described in our Privacy Policy.

Provisions that by their nature should survive termination, including confidentiality, disclaimers, limitation of liability and governing law, survive it.

13. Warranties and disclaimer

Each party warrants that it has the authority to enter into these Terms. You warrant that you have the rights and consents needed for us to process Customer Data under these Terms.

The Service calculates leave balances, accruals and policy outcomes from the configuration you provide. You remain responsible for your employment decisions and for complying with employment law.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, THE SELF-HOSTED SOFTWARE AND THE COMMERCIAL ADD-ONS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. Limitation of liability

TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING OUT OF THESE TERMS, EVEN IF IT WAS ADVISED THEY WERE POSSIBLE.

EACH PARTY'S TOTAL LIABILITY ARISING OUT OF THESE TERMS IS LIMITED TO THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND US$100.

These limits do not apply to your payment obligations, to either party's indemnification obligations, or to liability for intent or gross negligence or any other liability that the law does not allow to be limited.

15. Indemnification

You will defend us against third-party claims arising from Customer Data, or from your or your Users' use of the Service in breach of these Terms or the law, and pay the damages and costs finally awarded or agreed in settlement.

We will defend you against third-party claims that the Service, as we provide it, infringes their intellectual property rights, and pay the damages and costs finally awarded or agreed in settlement. This does not cover claims caused by Customer Data, by combining the Service with things we did not provide, or by open-source components used under their own licenses. If such a claim arises, we may modify the Service, obtain a license, or end the affected subscription and refund prepaid fees for the unused period.

The party seeking defense must notify the other promptly, let it control the defense and settlement, and cooperate reasonably.

16. Changes to these Terms

We may update these Terms. For material changes, we will email Organization owners at least 30 days before they take effect; other changes take effect when we post them with a new "Last updated" date. If you do not agree to a change, you may cancel before it takes effect. Continuing to use the Service afterwards means you accept it.

17. Governing law and disputes

These Terms are governed by the laws of Greece, without regard to conflict-of-law rules. Disputes arising out of them are subject to the exclusive jurisdiction of the courts of Athens, Greece, except that either party may seek urgent injunctive relief in any competent court.

Nothing in these Terms limits rights you have under mandatory consumer or data-protection law where you are located.

18. General

• Entire agreement: these Terms, the DPA, the Privacy Policy and any order form are the whole agreement between us about the Service. An order form prevails if it conflicts with these Terms.
• Assignment: neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition or sale of substantially all of its assets.
• Force majeure: neither party is liable for delays caused by events beyond its reasonable control.
• Notices: we send notices to the email address of your Organization's owner. Send notices to us at [email protected].
• Publicity: we will not use your name or logo in our marketing without your permission.
• Export and sanctions: you will not use the Service in breach of export-control or sanctions laws.
• Severability and waiver: if a provision is unenforceable, the rest stays in effect, and not enforcing a provision is not a waiver of it.
• Independent parties: nothing in these Terms creates a partnership, agency or employment relationship.

19. Contact

PAP SOFTWARE SOLUTIONS L.P., 2nd km Kalampaka–Trikala Road, 42200 Kalampaka, Greece. GEMI 172897553000, VAT EL802245732.

Email: [email protected]