Terms of service | Pebble WFM

These terms are the agreement between Blackpebble Ltd and the organisation that uses the Pebble WFM app. If you accept them for an organisation, you confirm you are allowed to bind it. They do not cover pebblewfm.com's free calculators and guides, which you can use without an account.

1. Who and what

"We", "us", "Pebble": Blackpebble Ltd, a company registered in England and Wales (number 11884353), registered office 39b Borough Street, Brighton, BN1 3BG.
"You", "the customer": the organisation named at sign-up or in the order form.
"The service": the Pebble WFM app at app.pebblewfm.com, its assistant, and our support.
"Agent": a person on your organisation's roster in the app who has not been deleted. Fees are per agent.
"Users": the people you let sign in, managers and agents alike. You are responsible for what they do in the service.
"Customer data": what you and your users put into the service, such as people, shifts, time off, forecasts, imports and assistant conversations.
"Order form": a document signed by both of us, or an online checkout, that sets your seats, fees and term.
"DPA": our data processing agreement, which covers how we handle personal data in customer data on your behalf.

2. The order form

The order form sets the number of agents or the way they are counted, the price, how you pay, and the term. These terms, the order form and the DPA together are the whole agreement. If they conflict, the order form wins, then the DPA, then these terms. A purchase order you send us is for your records: its terms do not apply.

3. Free trial

Each new organisation gets one month free. We do not ask for a card.
During the trial you can use the whole service. The assistant has a daily usage limit.
When the trial ends without a plan, your organisation becomes read-only. Everyone can still sign in and see everything, but nobody can make changes, including agents' requests, and the assistant is off. Choosing a plan restores full access straight away with nothing lost.
We keep a read-only organisation's data for 90 days after the trial ends, then delete it. We will email your managers before we do.
The trial is provided as it is, with no service levels.

4. Fees and payment

Price. You pay a monthly price per agent, set in your order form or shown at checkout. Prices exclude VAT, which we add where it applies.
Counting agents. We count the agents on your roster when each billing period starts and bill for that number, with a minimum of one. Adding or removing agents during a period does not change that period's bill.
Paying by card. You subscribe through Stripe, which takes payment monthly in advance. You can change your card, see invoices or cancel in the billing portal.
Paying by invoice. If your order form says so, we invoice you instead, monthly or annually in advance, quoting your purchase order number if you give us one. Unless the order form says otherwise, invoices are due 30 days from the invoice date.
Late payment. If an invoice is late, we will remind you. We may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend the service under section 6.
Refunds. Fees are not refundable, except where these terms say so.
Price changes. We will give you 30 days' notice by email. A change applies from your next billing period, or from your next renewal if you have a fixed term.

5. Your responsibilities and acceptable use

You must:

keep sign-in details secret, and remove users who should no longer have access;
have a lawful basis to put your people's data into the service, and tell them you use it;
check schedules before you publish them (see section 9);
tell us promptly if you think someone has got into your account.

You must not, and must not let anyone else:

use the service for anything unlawful, or to store data you have no right to hold;
try to get into another organisation's data, or test, probe or overload the service without our written permission;
copy, resell or reverse engineer the service, or use it to build a competing product;
upload malware, or use the assistant to produce unlawful or abusive content;
put more sensitive personal data into the service than scheduling needs. For example, record sickness as a type of absence, not with medical details.

6. Suspension

We may suspend some or all of your access:

straight away, if we reasonably believe your account is being used in breach of section 5, or that continuing would put the service, other customers or the law at risk;
if an invoice is more than 14 days overdue and we have reminded you in writing.

While suspended, your organisation is read-only or closed, and customer data is kept. We will tell you why, and restore access as soon as the reason is dealt with. Suspension does not stop fees falling due.

7. Service levels and support

Availability. We aim for the app to be available 99.5% of each calendar month, not counting planned maintenance that we announce in advance. This is a target, not a guarantee. There are no service credits unless your order form provides for them.
Support. Email hello@pebblewfm.com. We answer during UK business hours, Monday to Friday except bank holidays in England, and on a best-effort basis outside them.
Changes to the service. We improve the service all the time. We will not make a change that materially reduces what you have paid for during your current term without your agreement.

8. Customer data

It is yours. You own customer data. We claim no rights in it except those in this section.
What we may do with it. You give us permission to store and process customer data only to provide, secure and support the service for you, and as the law requires. We do not sell it, and we do not use it to train AI models.
The DPA. For personal data in customer data, you are the controller and we are your processor. The DPA forms part of these terms. It is available on request and signed with the order form. Our current sub-processors are listed at pebblewfm.com/subprocessors.
Getting it out. Managers can export schedules from the app at any time. On request, during the term or within 90 days after it ends, we will give you a copy of customer data in a common machine-readable format.
Deletion. When the agreement ends, your organisation becomes read-only. We delete customer data 90 days later, and it leaves our backups within a further 90 days, as set out in the DPA. You can ask us to delete it sooner.
Staff access. Pebble staff look at your organisation only to help with a problem you raise or to keep the service running. Each visit needs a recorded reason, is time-limited, and appears in your organisation's audit log.

9. The assistant and other automated features

The assistant, roster generation, forecasts and spreadsheet import make suggestions. A suggestion changes nothing until a manager confirms it.
The service makes no decisions about people on its own, such as who is hired, disciplined, paid or dismissed. Your managers make those decisions.
You are responsible for the schedules you publish and for how you use the service's output, including checking it against your contracts, working-time rules and policies.
Suggestions can be wrong. Check them before you rely on them.
The assistant uses third-party AI models. The providers are listed on pebblewfm.com/subprocessors. Under the terms we use, they may not use your data to improve their products.

10. Confidentiality

Each of us will keep the other's confidential information secret, use it only for this agreement, and share it only with staff and advisers who need it and are bound to keep it secret. Confidential information includes customer data, prices and anything marked or obviously confidential. This does not cover information that is public through no fault of the receiver, was already known to it, or is received lawfully from someone else. Either of us may disclose what the law or a regulator requires, telling the other first where allowed. This lasts for the agreement and 5 years after it, and for customer data, for as long as we hold it.

11. Intellectual property and feedback

We own the service, its software and its content, and everything we build. You get a right to use the service for your organisation's internal purposes during the term. If you send us ideas or feedback, we may use them freely, without paying you, and without naming you.

12. Warranties and disclaimer

We will provide the service with reasonable skill and care, and the service will work substantially as described.
Forecasts, staffing calculations, Erlang and other modelled figures are estimates based on the data and assumptions given. They are not guarantees of service level or cost.
Beyond what these terms say, we give no other promises, and terms implied by law are excluded as far as the law allows.

13. Liability

No limit. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited. Nothing limits your duty to pay fees.
Cap. Otherwise, each party's total liability under or in connection with this agreement, in contract, tort (including negligence) or otherwise, is limited to the fees you paid in the 12 months before the event giving rise to the claim. If no fees have been paid, the limit is £100.
Excluded losses. Neither of us is liable for loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss. For loss or corruption of data, our liability is limited to restoring it from our most recent backup.

14. Indemnities

If a third party claims that your use of the service, as allowed by these terms, infringes their UK intellectual property rights, we will defend the claim and pay damages awarded against you. We may instead change the service so it no longer infringes or, if that is not reasonable, end the agreement and refund prepaid fees for the unused period.
If a third party claims that customer data, or your use of the service in breach of section 5, infringes their rights or the law, you will defend the claim and pay damages awarded against us.
The party relying on an indemnity must tell the other promptly, let it control the defence, and give reasonable help.

15. Term, renewal and ending the agreement

Term. The agreement starts when you sign up or sign an order form. A monthly subscription renews each month. A fixed term in an order form renews for the same length unless either of us gives notice at least 30 days before it ends.
Ending it for convenience. You can cancel a monthly subscription at any time, effective at the end of the month you have paid for. A fixed term ends at the end of the term, on the notice above. Either of us may end the agreement at the end of the current term on that notice.
Ending it for breach. Either of us may end the agreement by written notice if the other materially breaches it and does not put the breach right within 30 days of being told, or straight away if the other becomes insolvent or stops trading.
What happens after. Your right to use the service stops, your organisation becomes read-only, and customer data is exported and deleted as in section 8. Unpaid fees become due. Sections 8, 10, 11, 13, 14 and 17 continue to apply.

16. Changes to these terms

We may change these terms by emailing your organisation's managers at least 30 days before the change takes effect, and updating the date at the top. If you have a fixed term and a change materially affects you, it applies from your next renewal. If you do not accept a change, you can end the agreement before it takes effect.

17. General

Notices. Notices to us go to hello@pebblewfm.com. Notices to you go to the email in your order form or, if none, to your organisation's managers. Email notices count as received on the next business day. Notices of breach or claims should also be sent by post to the registered office of the receiving party.
Entire agreement. These terms, the order form and the DPA are the whole agreement between us about the service. Neither of us relies on anything said or written that is not in them, but this does not limit liability for fraud.
Events beyond control. Neither of us is liable for delay or failure caused by events outside our reasonable control, other than paying fees.
Transfer. Neither of us may transfer this agreement without the other's consent, except we may transfer it to a buyer of our business, telling you first.
Other. No one else has rights under this agreement. If a part of it is found unenforceable, the rest still applies. Not enforcing a right straight away does not waive it.
Law. This agreement, and any dispute about it, is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Questions about these terms: hello@pebblewfm.com. See also our privacy policy and sub-processors.