Last modified: May 3, 2020
Rocketshyft (“Rocketshyft”, “Platform”, ”us”, ”our”, ”we”) provides a platform that allows companies (each, a “Customer”) to generate employee schedules, manage shift requests, send/receive availabilities, export timesheets and communicate with employees (“Employees”). Rocketshyft is a company established under Dutch Laws and registered with the Dutch Chamber of Commerce (Kamer van Koophandel, KvK) with number 82328536, located at
Pampuszigt 5, 1111TG Diemen, The Netherlands. The services available through Rocketshyft shall collectively be referred to as “Services”. “You” means any use of the Services, whether on behalf of a Customer or as an employee of the Customer.
These Terms of Service (“Terms”) cover your access to and use of our Services, the laws that apply to our company, and certain things that helps define our relationship with you as you interact with our Services. We also publish a Privacy Policy (“Privacy Policy”) which we highly recommend you read it together with these Terms to better understand how you can manage your privacy as you use our services.
We include the following topic headings:
If you are registering a Company account (“Company Account”) on behalf of a Company (as an “Administrator”), you further represent that you are authorized to enter into and bind the Company to these Terms and register the Company for the Services. You are solely responsible in ensuring that these Terms comply with all laws, rules and regulations applicable to you and such Company and the right to access or use of the Services is revoked where these Terms are violated.
Understanding our Terms of Service is important because, to access or use our Service, you must accept these Terms. BY SIGNING UP OR CREATING AN ACCOUNT, YOU SIGNIFY THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND TO THE COLLECTION AND USE OF YOUR INFORMATION.
1.1 Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to the use of the Service soledly as [ermited by the features of the Service, which may vary by User. We also reserve all rights not expressly granted herein in the Service.
1.2 You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are sixteen (16) years of age or older and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law, regulation or any obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, guidelines, and these Terms while using the Services.
1.3 If you register as a Company or an Account Owner, on behalf of a Company, you further represent and warrant that when we process Personal Data of the Company’s Employees on its behalf for the purpose of provision of the Services, the Company will at all times be considered the data Controller (as defined in the GDPR) and shall be responsible for compliance with its obligations as data Controller under applicable law including the General Data Protection Regulation EU 2016/679 of the European Parliament and of the Council and we shall act solely as data Processor as (defined in the GDPR) on its behalf, all in accordance with the Data Processing Agreement (“DPA”).
2.1 Company Account. In order for any Employee to access the Platform, a Company Account must be created by an Administrator. An Administrator may add team members within the Company Account to which employees can connect with their Employee account (“Employee Account”). An account may be designated either as Company Account or as an “Employee”.
2.2 General. When opening a Company Account or when creating an Employee Account, certain registration information must be provided, such as the names and email addresses of the applicable Employee. You will be required to provide certain information and register a username and password for access to and use of the Platform and Services. Rocketshyft reserves the right to refuse to open an Employee Account for any reason, all at its sole discretion.
2.3 Employee. Employees can create their account through the sign up page. From there they have the ability to connect to a Company if they are part of the Company’s team. Employees are then able to send in their availabilities, see the schedules and make shift requests.
2.4 Unauthorized Access. You are responsible for maintaining the confidentiality your username and password as well as all activities which take place under your account. You may not use another person’s account without the express permission of the account holder. Rocketshyft is not liable for any indirect or consequential loss or loss of profits or loss of goodwill or damage whatsoever resulting from intentional or unintentional disclosure of your username and/or password.
You agree to notify us immediately via email to hello@rocketshyft.com of any unauthorised use of your account or password and to reimburse us for any improper, unauthorised or illegal use of the same by you or by any person obtaining access to the Services or otherwise, by using your designated username and password, whether or not you authorised such access. After notification, we will block your Company Account or Employee Account as soon as reasonably practicable. We do not police for or cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
3.1 Except for Basic Services which remains free forever, use of other Services is subject to a continuous monthly payment of the subscription as it falls due by the Company or the Administrator on behalf of the Company. All subscriptions are payable in advance. Rocketshyft reserves the right to limit your access to all or part of the Services in case payment has not been made on time without prejudice to any other rights or remedies.
3.2 All subscriptions referred to in this Agreement are payable in the currencies specified by Rocketshyft at the order process and are inclusive/exclusive of value added tax and/or any other applicable taxes depending on your location, which may be payable at the appropriate rate.
3.3 All credit card and debit card payments are processed through a third party payment processor and we do not store your card details used for payment. As such, Rocketshyft takes no responsibility for the security of your payment card information as this information is never submitted to us.
3.4 We reserve the right to change the pricing of the Services at any point without notice. Such change shall take effect at any renewal.
3.5 You are entitled to manage one free 14-day trial account with no obligation to purchase the Services thereafter. However, for clarity, all other obligations set out herein shall apply. To continue access to the Services after the 14-day trial, you must pay the Subscription.
3.6 Rocketshyft reserves the right to terminate, cancel, and remove any accounts deemed to be in breach of this Agreement, with or without notice, regardless of any payments or credits associated with the account.
4.1 By you. You can terminate your Subscription at any time through your account management page. Such termination will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through the use of the Service. Terminations are confirmed immediately, and you will not be charged again for the Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30days after you have so notified us in writing; or (b) a refund is required by law.
4.2 By Rocketshyft. We may terminate your Subscription at the end of a billing cycle by providing at least 30days’ prior written notice to you. We may also suspend performance or terminate your Subscription for any of the following reasons (a) you have materially breached these Terms and failed to cure that breach within 30 days after Rocketshyft has so notified you in writing; and (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90days.
5.1 Certain types of content may be made available through our Services. “Content” as used in these Terms means, collectively, all content on or made available on or through the Services. All content created by users is referred to as “User Content”.
5.2 We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance to these Terms and the Privacy Policy.
5.3 ROCKETSHYFT DOES NOT ENDORSE ANY CONTENT (INCLUDING BUT NOT LIMITED TO ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY KIND AND ALL LIABILITY IN CONNECTION WITH THE CONTENT AND/OR USER CONTENT.
5.4 Rocketshyft has the right (but not the obligation) in its discretion to remove any User Content from the Service with or without prior notice to you. It is your responsibility to maintain appropriate alternate backup of all User Content.
6.1 You agree not to post User Content that contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other peopl (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable.
6.2 You agree that no User Content does or will violate third party rights of any kind, including without limitation, any Intellectual Property Rights, right to privacy or other rights of Rocketshyft or any third party. (refer to Clause 8 Intellectual Property)
6.3 Each user agrees and confirms that no claim may be brought by it against Rocketshyft arising out of or in connection with any inaccuracy in the Services or in any information comprising part of the Services arising as a result of any inaccuracy or incompleteness of any User Content.
6.4 Rocketshyft reserves the right, but is not obliged, to reject and/or remove any User Content that we believe, based on our sole discretion, to violate any of these provisions or is otherwise unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable.
6.5 In connection with your User Content, you affirm, represent and warrant that you have obtained and continue to hold at all relevant times, all licenses, consents, and permissions required in order for you to submit, post, display or send any or all User Content to Rocketshyft and for such User Content to be held/or processed by us pursuant to this Terms. You
agree to indemnify Rocketshyft for any breach of this provision.
7.1 You may not do or attempt to do or facilitate a third party in doing any of the following: (a) decipher, decompile, disassemble, or reverse engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services (b) circumvent, disable, or otherwise interfere with security-related features or features that prevent or restrict use or copying of any User Content; (c) use the Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (e) use or access another user’s Company or Employee Account or password without permission; (f) use Services or content thereon in any manner not permitted by these Terms.
7.2 ROCKETSHYFT DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.
The Platform and Services and all materials therein or transferred thereby, including, without limitation, software, images, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, and all Intellectual Property related thereto, except your User Content, are exlusive property of Rocketshyft. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publictly display, publicly perform, publish, adapt, edit or create derivative works from any Rocketshyft content. Use of the Rocketshyft content for any purpose not expressly permitted by this Terms is stricly prohibited.
9.1 We strive to provide great Services, but there are certain things that we cannot guarantee. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. Some places do not allow the disclaimers in this paragraph, so they may not apply to you.
9.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROCKETSHYFT OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ROCKETSHYFT DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVCE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
10.1 WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. THIS INCLUDES ANY LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION BY ROCKETSHYFT IN PROVIDING THE SERVICES. IN COUNTRIES WERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES WHICH ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
10.2 IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, ROCKETSHYFT WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS REGARDLES OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ROCKETSHYFT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, ROCKETSHYFT WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. ROCKETSHYFT ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
You agree, on your own behalf or on behalf of the Company, as applicable, to indemnify, defend and hold harmless Rocketshyft against any and all claims, damages, or costs, losses, liabilities, or expenses (including court costs and attorney’s fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer, mobile device, and/or password(whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use, attempted use or misuse of the Services; (c) your violation of any law, regulation, or any of your obligations, representations or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.
Rocketshyft may provide you with third-party links(including, without limitation, advertisements) to websites, applications and services. We make no promises regarding any content, goods or services provided by such third parties, and use of third party websites and applications is at you own risk. Additionally, we do not endorse any products offered by third parties and we urge our users to exercise caution in using third party websites or applications.
We may revise these Terms from time to time to better reflect changes to the law, new regulatory requirements or improvements or enhancements made to our Services. If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the effectivity of the update by sending an email to the email address associated with your account or via an in-product notification.
14.1 No Agency. Nothing in this Agreement consitutes, or will be deemed to constitiute, a partnership between Rocketshyft and the user, nor will it constitute, or be deemed to constitute, either of us as the agent or representative of the other for any purpose.
14.2 Assignment. The User may not assign any of its rights under this Agreement without prior written consent from us. Rocketshyft may at any time, without the consent of the user, assign all or any part of its rights, benefits and/or obligations arising pursuant to this Agreement to a competent third party.
14.3 Subcontracting. Rocketshyft shall be entitled to retain subcontractors in the performance of obligations in accordance with this Terms. If this involves any transfer of Personal Data, our Privacy Policy shall apply in full to such transfer and Rocketshyft guarantees that it puts all necessary safeguards in place as required by Data Protection Laws.
14.4 Severance. If any provisions (or part thereof) of this Terms is found by a court to be invalid, unenforceable or illegal, the other provisions shall remain. If any invalid, unenforceable or illegal provisions would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intentions of the parties.
14.5 Third Party Rights. Apart from the licensors and authorised suppliers of Rocketshyft, a person who is not a party to this Terms has no right under this Terms or otherwise to enforce them.
14.6 Waiver of Terms. The waiver by either part of its rights in respect of any breach of any provisions of this Terms shall not be taken or held to be waiver in respect of any subsequent breach thereof. The failure or delay of any party to exercise or enforce any right or provision of this Term shall not constitute a waiver of such right or provision.
14.7 Force Majeure. Neither party shall be liable to the other for any failure to perform any obligation under this Terms (other than the payment of the Subscription), causing the termination of this Terms, which is due to an event beyond the control of such party and which could not have been reasonably foreseen, including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of the party’s control. Any party affected by such an event shall inform the other party of the same and shall use all reasonable endeavours to comply with the remaining terms of this Agreement.
14.8 Jurisdiction and Applicable Law. This Terms will be governed by Dutch law except for its conflicts of laws principles, and the courts of Amsterdam shall have exclusive jurisdiction in the event of any dispute hereunder(howeverso arising). This Clause will survice any expiry, cancellation or termination of this Terms for any reason.
14.9 Entire Agreement. These Terms, and any documents referred to in it, constitutes the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
Please contact us at hello@rocketshyft.com with any questions regarding the Terms.