Terms and Conditions

1. Who we are and who Finito is for

Finito is a product of Moof grafisch ontwerp Comm.V, Steenland 46, 8930 Rekkem, Belgium, company number BE 0833.354.120, hereinafter "Moof" or "we". You can reach us at hallo@finito.work.

Finito is meant for professional use by companies, self-employed people and organisations, hereinafter "the customer" or "you". Anyone who creates an account on behalf of a company declares they may represent that company and also binds that company. By creating an account or using Finito, you accept these terms. They take precedence over any terms of the customer's own, unless we agree otherwise in writing.

2. What Finito does, and what it doesn't

Finito helps your team record hours, plan work, follow up projects and budgets, review deviations from the schedule and create a payroll export for your social secretariat.

• Finito is not a social secretariat. Finito doesn't calculate pay, premiums or overtime pay and doesn't keep track of joint committees. Those calculations happen at your social secretariat.
• Finito doesn't create invoices. Finito gets the hours ready per client and project. You invoice in your own accounting software.
• Finito doesn't give legal advice. As the employer you remain responsible for complying with employment law, such as the rules on working time, overtime, flexitime and recording them. Check the data before you pass it on to your social secretariat.

3. Your account and your team

• The person who creates the company is the owner. The owner can invite administrators and employees and decides who sees what.
• Every user has their own named account, with an email address they control. Sharing an account isn't allowed.
• Owners and administrators must use two-step verification. You keep your password and codes secret. Anything done through your account counts as done by you. If you notice misuse, tell us straight away.
• Each company gets one free trial. Starting a new trial to get around the limits isn't allowed.

4. Your data

All data you and your team enter in Finito stays yours. You make sure it's accurate and that you're allowed to process it. You can export your data at any time. You only give Moof permission to store and process it as far as needed to deliver Finito to you.

Finito itself, with the software, design, name and logo, remains the property of Moof. You receive a personal, non-transferable usage right as long as your account is active.

5. Prohibited use

It is not allowed to use Finito to:

• process data you have no valid legal basis for, or monitor employees in a way the law prohibits;
• enter medical information or other sensitive data that isn't needed, such as the reason for an illness;
• copy, reverse-engineer, scrape, overload Finito, or test or bypass its security;
• resell or rent out Finito, or offer it as a service to third parties without our written permission.

6. Privacy and data processing agreement

How Moof handles the data of customers and website visitors is explained in our privacy policy. For the personal data of your employees that you keep in Finito, you are the controller and Moof is the processor. For that processing, this article serves as a data processing agreement under Article 28 of the GDPR:

• Subject matter: providing Finito, for the duration of your account. It covers identification and contact data, work and planning data, hours, absences (without medical details), work arrangements and, if you enter them, hourly rates, of your employees and other users.
• Moof only processes that data on your instructions and to deliver Finito. Your instructions are these terms and what you set up in Finito.
• Everyone at Moof with access is bound to confidentiality.
• Moof takes appropriate technical and organisational security measures, such as data walled off per company, encrypted connections and mandatory two-step verification for administrators.
• Moof uses sub-processors for hosting, database, email and payments, as listed in the privacy policy, and imposes similar obligations on them. By using Finito you agree to this. We announce any new sub-processor in advance, so you can object.
• Moof reasonably helps you with data subject requests, a data protection impact assessment and audits, and reports a data breach affecting your data without undue delay.
• When your account ends, Moof deletes the data within 30 days, except what we're legally required to keep. So download your export beforehand.

You make sure you have a valid legal basis for the data you use in Finito, and that you inform your employees properly.

7. Trial, plans and payment

• The free trial lasts 30 days. You can use every feature, without a credit card.
• If you don't choose a paid plan after the trial, your company drops back to the free Solo plan: 1 user, time tracking with the timer and up to 10 projects. Nothing is deleted, but from then on only the owner can sign in and only the 10 oldest projects stay open. Newer projects with their hours, other employees' accounts and the Team and Pro features are greyed out. Choose a paid plan later and everything is back straight away.
• Paid plans cost a fixed amount per user per month, with a minimum of 2 users. Current prices are on finito.work. All prices are in euros and exclude VAT.
• A monthly or yearly subscription renews automatically and is paid through our payment partner Mollie until you cancel it. With a yearly subscription you pay eleven months for twelve (1 month free).
• If you add or remove users, the amount adjusts from the next payment.
• You can cancel at any time in Finito's settings. Your subscription runs until the end of the paid period. Paid periods aren't refunded.
• We may change prices. For a running subscription we announce a price change at least 30 days in advance. If you don't agree, you can cancel before the new price takes effect.
• If a payment fails, we let you know. If it remains unpaid, your company drops back to the free plan until everything is paid. For businesses, late payment incurs the statutory interest and compensation under the law of 2 August 2002.

8. Availability and backups

We do our best to keep Finito running well, securely and without interruption, but we don't guarantee uninterrupted or error-free operation. Maintenance, updates, outages at our providers and force majeure can interrupt the service temporarily. Features may change, improve or disappear.

We make backups so we can restore your data after a technical incident. Backups aren't an archiving service. Finito automatically sends the owner an export of hours and absences every month. Keep those exports yourself, especially for your legal retention obligation as an employer.

9. Liability

Finito is a tool. Moof has a best-efforts obligation, not an obligation of result. As far as the law allows:

• Moof isn't liable for the accuracy of the data you or your team enter, for decisions you make based on Finito, or for errors in pay, premiums or invoices prepared from Finito data;
• Moof isn't liable for indirect damage, such as lost profit, lost revenue, loss of data, fines or missed opportunities;
• Moof's total liability per incident and per year is limited to the amount you actually paid Moof in the 12 months before the incident, up to a maximum of 500 euros;
• you must report a claim to us in writing within 3 months of discovering the damage, or it lapses.

These limits don't apply in case of intent or fraud by Moof, nor to the extent the law prohibits a limitation.

10. Indemnity

You indemnify Moof against any claim, fine, damages and costs from third parties, employees or authorities arising from your use of Finito, the data you enter, or a breach of these terms or the law.

11. Suspension and end

Moof may restrict, suspend or end your access if you breach these terms or the law, if fraud or misuse is suspected, or in case of non-payment. You're then not entitled to a refund or compensation.

You can have your account closed at any time via hallo@finito.work. When your account ends, we delete your data within 30 days, except what we're legally required to keep. Articles that by their nature continue to apply, such as liability, indemnity and governing law, stay in force after the end.

12. Force majeure

Moof isn't liable for failures caused by circumstances beyond its reasonable control, such as outages at hosting or other providers, internet or power cuts, cyberattacks, government measures, illness and natural disasters.

13. Changes to these terms

We may change these terms. For significant changes we notify you at least 30 days in advance by email or in Finito. If you keep using Finito after the effective date, you accept the new version. If you don't agree, you can cancel before that date.

14. Governing law and jurisdiction

These terms and any use of Finito are governed exclusively by Belgian law. In a dispute we first look for a solution together. If that fails, only the courts of the judicial district of West Flanders, Kortrijk division, have jurisdiction.

15. Final provisions

If a provision is invalid or unenforceable, the other provisions remain in force and we replace the invalid one with a valid provision as close to it as possible. Not exercising a right straight away doesn't mean we waive it. You may not transfer your rights and obligations under these terms without our consent. Moof may transfer Finito and this agreement to another company. Only the Dutch version of these terms is binding.