The terms of using Pendira.

In short

• You own your data. We run the service.
• Pendira is a monthly subscription in euros.
• We record and export money. We never move it.
• Either side can end the agreement as your order form says.

Who this agreement is with

These terms are an agreement between AGByte Labs, the company in the Netherlands that makes Pendira, and the company that uses Pendira ("you"). The person who accepts them confirms they may do so for that company.

Your agreement with us is made of your order form, these terms and our data processing agreement. If your order form says something different from these terms, the order form wins.

The service

Pendira is a job platform for companies that send engineers on site for their clients. We provide it as an online service, and we keep it running, secure and up to date.

We improve Pendira all the time. If we plan a change that removes something you rely on, we tell you in advance.

Your account

• There is no public sign-up. We set up your company in Pendira and send a setup link. The person who accepts it becomes the owner and an Admin.
• You choose who joins your company and what each person may do.
• Keep sign-in details private and keep two-factor sign-in on.
• You are responsible for what happens under your accounts. If you think an account is misused, tell us at once.

Your responsibilities

• Make sure you may use the personal data you put in Pendira, such as engineers' phone numbers and your clients' contacts, and tell those people what the law requires.
• Keep the data you enter correct, for example phone numbers and rates.
• Decide what you share with your clients through guest links.
• Check invoices and payouts before you send or pay them. Your tax and bookkeeping stay your responsibility.

Acceptable use

Use Pendira for lawful work only. Do not:

• send spam or unlawful messages through Pendira
• try to break, overload or test the security of Pendira without our written permission
• try to reach data that is not yours
• upload malware, or content you have no right to use
• copy, resell or rebuild Pendira, except where the law allows it
• share one account between several people

Your data

Your data stays yours. We use it only to provide Pendira to you. For personal data in your company, you are the controller and we are the processor, under our data processing agreement. We never sell your data.

Fees and payment

• Plans are monthly and priced in euros, as set out in your order form. Prices exclude taxes unless your order form says otherwise.
• We invoice you as your order form says, and you pay by the due date on the invoice.
• If a plan lapses, you keep access for a 14-day grace period. After that, access pauses for everyone except the owner, who can still see billing, until the plan is renewed.

Money in Pendira

Pendira records what to bill and what to pay, and exports it to your accounting. It does not move money. We never collect payments from your clients or pay your engineers.

Availability and support

We work to keep Pendira available and fast, and we tell you about planned maintenance that may interrupt your work. We do not promise a fixed uptime figure. For help, write to [email protected]. A person on our team reads every message.

Suspension

We may pause access to Pendira if a plan has lapsed after its grace period, if these terms are seriously broken, or to stop a security threat. Where we can, we tell you first. We restore access as soon as the reason is gone.

Ending the agreement

• Your agreement runs for the term in your order form. Either side can end it as your order form says.
• Either side can end it at once by written notice if the other seriously breaks these terms and does not fix it within a reasonable time after being told.
• Before you leave, you can ask us to export your data. After the agreement ends, we return your data on request and then delete it, as our data processing agreement sets out.

Warranties

We provide Pendira with care and as described in these terms. Beyond that, we provide it as it is. We do not promise that it will be free of errors or never interrupted. Rights you have under the law that cannot be excluded still apply.

Liability

• Each side's total liability under the agreement is limited to the fees you paid for Pendira in the 12 months before the event that caused the claim.
• Neither side is liable for indirect loss, such as lost profit, lost revenue or damage to reputation.
• These limits do not apply to intent or deliberate recklessness, to your duty to pay fees, or where the law does not allow a limit.

Confidentiality

Each side keeps the other's confidential information private and uses it only for this agreement. For you, that includes your rates, margins and engineer details.

Changes to these terms

When these terms change, we tell you by email in advance and say when the change applies. Changes never apply to the past. If you do not agree, you can end the agreement before the change applies.

Law and courts

Dutch law governs these terms and the agreement. Any dispute goes to the competent court in the Netherlands.

Contact

AGByte Labs, the Netherlands. Email [email protected].