Terms of service

These terms govern the use of Hyblance, the hybrid work management service at hyblance.com, provided by Hyblance, registered at Breda, company registration number 93940254, the Netherlands ("Hyblance", "we").

They are written in plain English. If anything is unclear, write to info@hyblance.com before you rely on it.

1. Business use only

Hyblance is a service for companies and other organisations. By creating an organisation you confirm that you act on behalf of a business, not as a consumer, and that you are authorised to bind it. Consumer protection law that applies only to consumers does not apply to this agreement.

2. Accounts and eligibility

• You need an account to use Hyblance. Sign up with an e-mail address and password, or with a Google account.
• You are responsible for keeping your sign-in details confidential and for everything done under your account. Tell us at support@hyblance.com as soon as you suspect misuse.
• You must be at least 18 years old, or the age of majority where you live, and be an employee or contractor of the organisation you join.
• The person who creates an organisation becomes its first administrator and may invite others. The organisation, not the individual, is our customer.

3. The subscription

• Plans and prices are shown on the pricing page. Each plan is a flat fee per month, in euros, excluding VAT, that includes a stated number of people; every person above that number is charged the per-person amount shown on the plan, per month. While the pricing page marks prices as indicative, they may change before you are charged; you will always be told the price before a subscription starts.
• Billing is monthly or yearly, in advance, as chosen. Yearly billing is discounted as shown on the pricing page.
• A free period may be offered at the start of a subscription. It ends on the date stated when you start it, and no payment is taken without your explicit confirmation.
• You may change plan at any time. Moving between plans changes the price, not the product: nothing is locked away on a lower plan except the limits stated on the pricing page.
• Prices may change with at least 30 days' notice by e-mail. A change takes effect at the next renewal after the notice period. If you do not accept it, you may end the subscription before then.

4. What Hyblance does — and what it deliberately does not

Hyblance lets a company define its own schedule tags, team structure and visibility rules, and turns them into office capacity, attendance policy and reporting, with meeting-room booking and check-in.

Certain rules are built into the product and cannot be switched off by any setting. In particular: tags marked sensitive have no free-text notes; a tag's own visibility level always applies, however wide a viewer's scope; every person can always see what others can see about them; reports covering fewer than five people show no individual detail; and there are no rankings, leaderboards or comparisons of individual attendance anywhere in the product. These rules exist to protect the people whose schedules are entered. We will not remove them on request.

Hyblance does not connect to calendars, HR or payroll systems; does not detect presence automatically through sensors, badges or wifi; and sends no notification e-mail. These are design decisions, not missing features.

5. Customer responsibilities

• Lawful use towards your employees. You are the controller of your employees' schedule, check-in and room data. You are responsible for having a lawful basis for processing it, for informing your employees, and for consulting employee representatives where the law requires it. Hyblance processes this data on your instructions under the Data Processing Agreement, available from info@hyblance.com.
• Configuration. You decide which tags exist, what they mean, who may see whose schedule, and whether any tag concerns health or personal circumstances. You are responsible for those decisions and for reviewing them. The product's built-in rules in section 4 apply regardless.
• Your people. You are responsible for the people you invite, for removing them when they leave, and for the accuracy of what your organisation enters.
• Your account security. Keep sign-in details confidential and use the roles in the product to limit administrative access to the people who need it.

6. Acceptable use

You may not use Hyblance to:

• break the law, or process data you have no right to process;
• monitor, rank or discipline individuals in a way that the product's built-in rules are designed to prevent, or attempt to circumvent those rules;
• probe, scan or test the vulnerability of the service without our written permission, or interfere with its operation;
• copy, resell or make the service available to third parties outside your organisation;
• upload malicious code, or send unsolicited messages through any part of the service.

We may suspend an account or organisation that breaches this section, after notice where reasonably possible, and will restore it once the breach is resolved.

7. Our commitments

• Availability. We aim to keep Hyblance available at all times, and target 99.5% monthly availability excluding scheduled maintenance, which we announce in advance where possible. We do not promise uninterrupted service.
• Support. Write to support@hyblance.com. We answer on Dutch working days, normally within one working day.
• E-mail. We send transactional e-mail only — confirmations, password resets and invitations. We send no notification or marketing e-mail to product users.
• Security. We protect data with encryption in transit and at rest, access controls in the database that keep organisations separated, and limited administrative access. We tell you without undue delay about any security incident affecting your data.
• Changes to the product. We improve Hyblance continuously and record changes in the changelog. We will not remove core functionality without at least 90 days' notice.

8. Intellectual property

Hyblance, its software, design, brand and documentation belong to us or our licensors. Your subscription gives your organisation a non-exclusive, non-transferable right to use the service for its internal business during the subscription. You may not copy, modify, reverse-engineer or create derivative works of the service except where the law allows it regardless of this clause.

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

9. Customer data

• You own it. Everything your organisation and its people enter into Hyblance is yours. We claim no rights in it beyond what is needed to provide the service.
• We process it on your instructions, as described in the privacy policy and the Data Processing Agreement, and use it for no other purpose. We may use aggregated, anonymised statistics that cannot identify any organisation or person to improve the service.
• On termination, we provide your data on request in a common machine-readable format within 30 days of the end of the subscription, and delete it after those 30 days, except where the law requires us to keep specific records.

10. Termination

• By you: at any time, from the organisation's settings or by writing to info@hyblance.com. A monthly subscription ends at the end of the current month; a yearly subscription at the end of the current year. Fees already paid are not refunded except where the law requires it.
• By us: with 30 days' notice if we discontinue the service, or immediately if you materially breach these terms and do not cure the breach within 14 days of being told, or if you become insolvent.
• Sections 8, 9, 11, 12 and 14 survive termination.

11. Liability

• Our total liability to you under or in connection with this agreement, in any 12-month period, is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
• We are not liable for indirect or consequential loss, including lost profit, lost revenue, lost data (except where caused by our breach of section 7 or 9), or loss of goodwill.
• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything that cannot be limited under Dutch law.
• You indemnify us against claims by your employees or third parties arising from your configuration or use of the service in breach of section 5 or 6.

12. Confidentiality

Each party keeps the other's non-public information confidential and uses it only for this agreement. This does not apply to information that is public through no fault of the receiving party, was already known to it, or must be disclosed by law.

13. Changes to these terms

We may change these terms. For changes that reduce your rights or increase your obligations, we give at least 30 days' notice by e-mail to the organisation's administrators. Continuing to use Hyblance after the change takes effect means you accept it; if you do not, you may end the subscription before that date. The date at the top shows the current version.

14. Governing law and venue

These terms are governed by the laws of the Netherlands. Disputes are submitted to the competent court in Rotterdam, the Netherlands, unless mandatory law provides otherwise. Before going to court, both parties agree to try to resolve the dispute by discussion within 30 days.

15. General

• If a provision of these terms is invalid, the rest remains in force and the invalid provision is replaced by a valid one that comes closest to its intent.
• Neither party may assign this agreement without the other's consent, except that we may assign it to a successor in a merger or sale of the business, with notice to you.
• These terms, the pricing page, the privacy policy and the Data Processing Agreement form the whole agreement between us and replace any earlier discussion.

16. Contact

Hyblance, Breda, the Netherlands. Company registration number 93940254. E-mail: info@hyblance.com (contract and legal), support@hyblance.com (product support).