Terms of Service

Quem fecha? is provided by:

• Legal name: [POR PREENCHER — nome legal completo]
• Trading name: Quem fecha?
• Address: [POR PREENCHER — morada completa, incluindo código postal]
• Tax number: [POR PREENCHER — NIF]
• Registry: [POR PREENCHER — Conservatória e n.º de matrícula, se sociedade]
• Email: ola@quemfecha.com

These details are published under article 10 of Portuguese Decree-Law 7/2004 of 7 January.

Quem fecha? lets you build a venue’s weekly rota, check it for overlaps, insufficient rest between shifts and contracted hours, publish it, and give each member of staff a personal link showing only their own published shifts.

The service is an organisational tool. It does not record clocking in and out, does not calculate pay, and does not replace the working-time record that article 202 of the Portuguese Labour Code requires an employer to keep. That obligation, and every other employment obligation, remains entirely the customer’s.

An account is created with an email address and a password. The customer is responsible for keeping those safe and for everything done with them. Tell us as soon as you suspect unauthorised access.

Staff have no account and no password: they get a personal link containing a hard-to-guess code. Whoever holds the link sees that person’s published shifts. Treat it as confidential and send it only to the person themselves; if it is exposed, the customer can issue a new one by deactivating and reactivating the worker.

Pro includes one venue, 2 manager logins and unlimited staff. Business includes unlimited venues, manager logins and staff, at a price agreed case by case. There is no free plan: once the trial is over, the service is paid for.

Prices shown on the site include VAT at the applicable rate. Subscriptions are paid in advance, monthly or yearly as chosen, and renew automatically for equal periods until cancelled.

Payments are processed by Stripe. We never receive or store card details. An invoice is issued for the period subscribed and is available in the billing portal.

Every account starts with 30 days of Pro at no cost and with no card. There is nothing to cancel: if there is no subscription when it ends, the account is paused, as the next section describes.

Until payments are open, no account is paused, even if its trial has already ended. Once they open, no account is paused until 30 days after the day they opened.

The trial is meant to be used once per business. We may refuse, shorten or end it where it is claimed repeatedly for the same venue through different accounts.

When the trial ends without a subscription, when a cancelled subscription reaches its end, or when a subscription is closed for non-payment after the payment retries have run out, the account is paused. A paused account:

• keeps all its data — shifts, staff, venues, templates and history. Nothing is deleted;
• can be viewed: managers can still sign in and see the shifts and the team;
• cannot be changed: no shifts are created, edited or published, and the rest of Pro is unavailable;
• still shows staff the shifts already published, on their personal links.

Even while paused, the customer can remove manager logins and deactivate staff at any time. As soon as there is a subscription, the account is back to normal, exactly as it was.

When an account moves to a plan that covers less — from Business to Pro, for example — venues above the plan’s limit are switched off with their shifts kept, and the staff of those venues come off the rota; manager logins above the limit are suspended. Nothing is deleted, and everything is restored automatically and unchanged when the account is back on a plan that covers it. We do not restore anyone the customer deactivated themselves: that was their decision and a payment does not reverse it.

A subscription can be cancelled at any time in the billing portal. Cancellation takes effect at the end of the period already paid for, during which the service continues; after that, the account is paused (section 6). Amounts for periods already begun are not refunded, except where the law requires it or where the failure is ours.

An account can be deleted at any time by writing to the address above. Deletion is permanent and covers account and staff data, other than what we must keep by law — invoices in particular.

In using the service, the customer undertakes:

• not to use it unlawfully or in breach of anyone else’s rights;
• to enter only data they are entitled to process, and to tell their staff that rotas are managed in this tool;
• not to attempt to reach accounts, venues or data that are not theirs, or to work around technical or plan limits;
• not to deliberately overload the service or extract data automatically without prior agreement.

We may suspend access, with notice wherever notice is possible, for serious breach of these rules or where there is a risk to the security of the service or of other customers.

Data entered into the service belongs to the customer. We do not sell it, do not pass it to third parties for advertising, and do not use it to train models.

We use it only to provide the service, to keep it secure and working, and for support you ask us for. Personal data processing is described in the Privacy Policy and, where we act on the customer’s behalf, in Annex A to these terms.

We work to keep the service available and to give notice of planned work, but we do not guarantee uninterrupted availability or any particular service level. The service is at an early stage and may change, including in what each plan includes.

If we change a plan in a way that significantly reduces what was included when you subscribed, we will give at least 30 days’ notice and you may cancel without penalty.

The service, the software, the brand and the site are ours or our licensors’. A subscription grants a non-transferable right to use them for the term of the contract and transfers no ownership.

The service is an aid. Decisions about hours, rest and how work is organised are the customer’s, as is compliance with employment law. The warnings the service shows are indicative and are not legal advice.

To the extent the law allows, our liability for loss arising from use of the service is limited to the amount actually paid by the customer in the 12 months before the event giving rise to it. We are not liable for lost profits, lost goodwill or indirect loss.

Nothing in these terms excludes or limits liability for wilful misconduct, gross negligence, death or personal injury, or in any other case where the law does not permit it.

We may change these terms. Material changes are notified by email or in the service at least 30 days in advance, and a customer who does not agree may cancel before they take effect. Continuing to use the service after that date counts as acceptance.

Portuguese law applies. For any dispute arising from these terms the parties choose the courts of the district of Aveiro, Portugal, to the exclusion of any other, without prejudice to mandatory rules conferring jurisdiction elsewhere.

If any clause is held invalid, the rest remain in force.

This annex forms part of the terms and constitutes the processing agreement required by article 28 of Regulation (EU) 2016/679 (GDPR), for the part where we process personal data on the customer’s behalf.

Subject matter and duration: provision of the service described in clause 2, for as long as the contract lasts.

Nature and purpose: hosting, organising, displaying and communicating staff rotas, and the incidental operations needed to do so.

Types of data: name, phone number where the customer enters one, role, contracted hours, shifts, unavailability, requests submitted by the worker themselves and, where the customer enters it, pay.

Categories of data subject: the customer’s staff.

In that capacity we undertake to:

• process the data only on the customer’s documented instructions, use of the service being the principal instruction, unless required by law, in which case we will tell the customer before complying where the law allows;
• ensure that anyone with access is bound by confidentiality;
• apply appropriate technical and organisational measures, including encryption in transit, isolation of each customer’s data at database level, access control and backups;
• engage no other processor without the customer’s authorisation, general authorisation being given for those listed in the Privacy Policy, and to give reasonable advance notice of any change to that list, which the customer may object to and, in that case, terminate;
• impose on those processors data protection obligations no less demanding than those undertaken here, remaining answerable to the customer for their performance;
• assist the customer, so far as possible and given the nature of the processing, in responding to data subject requests;
• assist the customer in complying with articles 32 to 36 GDPR, taking account of the information available to us;
• notify the customer without undue delay on becoming aware of a personal data breach, with the information available to us;
• delete or return the data at the end of provision, at the customer’s choice, unless required by law to keep it;
• make available the information needed to demonstrate compliance with these obligations and allow audits, including inspections, by the customer or an auditor they appoint, on reasonable notice and without compromising the security of other customers’ data.

The customer is the controller. It is for them to determine the purposes, to have a lawful basis for processing their staff’s data, and to give staff the information required by articles 13 and 14 GDPR, including that rotas are managed through this service.