Terms and Conditions
The following General Terms and Conditions (Terms) apply to the use of the Software-as-a-Service solution "Workdate" of Workdate GmbH. They inform you about the essential conditions of our service provision. Individual contracts concluded between Workdate GmbH and the respective customer take precedence over these Terms.
1. Scope of Application
These Terms apply to all business relationships between Workdate GmbH, Hesselbarthstraße 36a, 59555 Lippstadt, Germany (hereinafter "Workdate") and the respective customer (hereinafter "Customer"), unless otherwise agreed by individual agreement. Customer's deviating, conflicting, or supplementary terms will only become part of the contract if Workdate explicitly agrees to their application in writing.
2. Subject Matter of Contract and Service Description
Workdate is a Software-as-a-Service platform (SaaS) that helps companies promote internal networking of their workforce. The platform brings eligible users together randomly and invites them via calendar invitation to joint (video) meetings. The goal is to improve communication and collaboration within the company.
The scope of services includes in particular:
- Provision of the Workdate application as a web-based SaaS solution
- Creation and operation of a customer-specific registration page
- Automated matching and meeting scheduling for users
- Invitation of users via email and calendar entry
- Setup of video conferences
- Access to online reporting with non-personal statistics and evaluations
- Customization of the platform (CI adjustments, custom URL, text adjustments, color selection)
The concrete scope of services is determined by the individual contract or offer concluded between Workdate and the Customer.
3. Conclusion of Contract
A contract between Workdate and the Customer comes into effect through mutual signing of an individual contract document by authorized representatives. Signing can also occur through exchange of signed copies by email or mail, as well as through electronic signature.
4. Free Pilot Phase
Workdate offers customers the opportunity to test the platform within a free and non-binding pilot phase. The pilot phase begins with provision of access and ends automatically after the agreed-upon period without requiring notice of termination.
Before or during the pilot phase, Workdate presents the customer with an offer containing paid contract options. If the customer chooses paid use, the contractual relationship continues under the terms specified in the offer.
5. Usage Rights
Workdate grants the customer and its authorized users a time-limited, non-transferable, and non-sublicensable right to use the platform. Authorized users are employees of the customer as well as companies affiliated with the customer in accordance with applicable corporate law provisions.
The customer undertakes to use the platform exclusively in accordance with the contract and to make it available only to authorized persons. Transfer of access credentials to unauthorized third parties is prohibited.
6. Compensation and Payment Terms
Compensation is based on the individually agreed-upon offer. Workdate bills based on active users – meaning only users who actually participate and actively use the offering are charged. All prices are exclusive of applicable statutory sales tax.
Invoicing occurs via email to an address provided by the customer. Invoices are due within 30 days of receipt.
In case of default, Workdate is entitled, after prior notice and announcement, to block the customer's access. The customer remains obligated to pay the agreed-upon compensation plus any interest charges. Otherwise, the statutory provisions of §§ 286, 288 BGB apply.
7. Contract Term and Termination
The contract term is determined by the individual offer. If the contract is not terminated in a timely manner, it automatically extends for the agreed-upon period. Notice periods are specified in the respective contract.
The right of both contracting parties to terminate for good cause remains unaffected. Termination must be in text form (e.g., by email). Upon effective termination, the customer's account is deleted.
8. Availability and Service Level
Workdate guarantees platform availability of 99% on an annual average. Excluded are times attributable to force majeure, third-party fault, or scheduled maintenance work.
Scheduled maintenance work is performed outside normal business hours (Monday through Friday, 9:00–18:00) whenever possible and announced at least 24 hours in advance by email if the interruption is expected to exceed 30 minutes.
9. Support and Care
Each customer is assigned a personal Customer Success Manager who accompanies the customer from setup through go-live and into ongoing operations. Support is available on business days between 9:00 and 18:00 via email and phone. Inquiries are processed within one business day.
The scope of services also includes support for integration into existing systems (e.g., Microsoft Teams, SSO via SAML 2.0), provision of best practices and marketing materials for internal communication, and support in coordination with works councils, data protection, and IT security.
10. Customer's Cooperation Obligations
The customer is obligated to designate a qualified contact person plus alternate. Changes must be communicated to Workdate immediately.
The customer undertakes to use the platform within applicable legal provisions and to inform Workdate immediately of any misuse, security incidents, or suspected threats to data and information security. The customer is responsible for ensuring the technical prerequisites for platform use.
11. Data Protection and Information Security
Protection of personal data is the highest priority for Workdate. All data is hosted exclusively on servers in Germany (Hetzner data centers). Processing occurs in full compliance with the EU General Data Protection Regulation (GDPR).
A data processing agreement is concluded with each customer under Art. 28 GDPR. Workdate maintains an established Information Security Management System (ISMS) that includes technical and organizational measures to protect data. Regular security audits, penetration testing, and vulnerability analysis are integral parts of our security strategy.
Further information can be found in our Privacy Policy.
12. Confidentiality
Both contracting parties undertake not to disclose the confidential information of the other party to third parties without explicit consent and to use it only for the contractually agreed purposes. The confidentiality obligation continues after the contractual relationship ends.
13. Warranties
Workdate provides warranties according to statutory provisions. For system availability disruptions resulting in total failure and reported during support hours, Workdate ensures a response time of four hours for beginning troubleshooting. For minor errors, response occurs within one business day.
The customer is obligated to report disruptions immediately upon becoming aware of them and to support Workdate in error identification to a reasonable extent.
14. Liability
Workdate is liable without limitation for damages resulting from injury to life, body, or health, as well as for damages based on intent or gross negligence. For light negligence, Workdate is liable only for breach of essential contract obligations (cardinal obligations), with liability limited to foreseeable typical contractual damages.
During the free pilot phase, Workdate is liable only for damages resulting from intent, gross negligence, and fraud. This does not apply to damages from injury to life, body, or health.
The customer is liable for all activities conducted using its account, provided the customer is responsible for the misuse.
15. Intellectual Property
All rights to the Workdate platform, including copyrights, trademark rights, and other proprietary rights, remain with Workdate GmbH. The customer acquires through the contract exclusively the usage right described in these Terms. Reproduction, decompilation, or redistribution of the software or parts thereof is not permitted without express written consent from Workdate.
16. Amendments to Terms
Workdate reserves the right to amend these Terms with reasonable notice, should this be necessary due to changed legal requirements, technical developments, or changes in the scope of services. Customers are informed of material changes in text form in a timely manner. If a customer does not object to the amended Terms within four weeks of receipt, the amended Terms are deemed accepted.
17. Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from or in connection with these Terms is Paderborn, provided the customer is a merchant, a legal entity under public law, or a public law special asset.
Should individual provisions of these Terms be invalid or become invalid, this does not affect the validity of the remaining provisions.
In case of conflicts between these Terms and an individually concluded contract, the provisions of the individual contract take precedence.
As of: March 2026