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Terms of Service — Why at Work

Last updated: May 2025
Version: 1.0

These Terms of Service (“Terms”) govern the use of the Why at Work platform, including the web portal, Android application, and iOS application (collectively, the “Service”). The Service is offered under the Why at Work brand by StackPros B.V., a company registered in the Netherlands (“StackPros”, “we”, “us”).

By activating and using the Service, the Customer agrees to be bound by these Terms. These Terms apply exclusively to business customers (B2B). Consumer use is not permitted.

1. Definitions

  • Customer: the legal entity that has entered into an agreement with StackPros for use of the Service.
  • Users: employees, contractors, or other individuals authorised by the Customer to use the Service.
  • Service: the Why at Work web portal and mobile applications (Android and iOS), including all features and updates.
  • Account: the Customer’s environment within the Service, activated by the Why at Work support team.

2. Account Activation and Access

New accounts are exclusively activated by the Why at Work support team. Customers cannot self-register.

The Customer is responsible for ensuring that only authorised Users access the Service, and for maintaining the confidentiality of login credentials.

The Customer must promptly notify Why at Work of any unauthorised access or suspected security breach.

Each User account is personal and may not be shared or transferred.

3. Licence and Permitted Use

StackPros grants the Customer a non-exclusive, non-transferable, limited right to access and use the Service during the subscription term, solely for the Customer’s internal business purposes.

The Customer may not:

  • resell, sublicense, or otherwise make the Service available to third parties outside the Customer’s organisation;
  • reverse engineer, decompile, or attempt to extract the source code of the Service;
  • use the Service in a way that violates applicable law or these Terms;
  • use the Service to store or transmit unlawful, harmful, or infringing content.

4. Subscription and Payment

Use of the Service is subject to the subscription plan agreed upon between StackPros and the Customer at the time of activation.

Invoices are payable within 30 days of the invoice date, unless otherwise agreed in writing.

StackPros reserves the right to suspend access to the Service if payment obligations are not met, after providing reasonable notice.

Prices may be adjusted with at least 30 days’ prior written notice. If the Customer does not accept a price change, they may terminate the agreement before the new price takes effect.

5. Customer Responsibilities

The Customer is responsible for all activity that occurs under its Account, including actions taken by its Users.

The Customer is responsible for ensuring its Users comply with these Terms.

The Customer warrants that the data it or its Users upload or process through the Service is lawfully obtained and does not infringe third-party rights.

6. Data and Privacy

StackPros processes personal data on behalf of the Customer as a data processor. The Customer acts as the data controller under the General Data Protection Regulation (GDPR).

A Data Processing Agreement (DPA) governs the processing of personal data and is incorporated into these Terms by reference.

StackPros implements appropriate technical and organisational measures to protect personal data against unauthorised access, loss, or destruction.

StackPros does not sell or share personal data with third parties for commercial purposes.

For full details on how we handle personal data, please refer to our Privacy Policy.

7. Service Availability and Support

StackPros aims to provide the Service with high availability but does not guarantee uninterrupted access. Scheduled maintenance will be announced in advance where possible.

Support is provided by the Why at Work support team during business hours (Monday–Friday, 09:00–17:00 CET), reachable via support@whyatwork.nl or by phone at +31 85 130 2728.

StackPros may update or modify the Service at any time to improve functionality, security, or compliance. Customers will be notified of material changes where feasible.

8. Intellectual Property & Confidentiality

All intellectual property rights in the Service, including software, designs, trademarks, and content, are and remain the exclusive property of StackPros B.V. These Terms do not transfer any ownership rights to the Customer or its Users. The Customer retains ownership of all data it or its Users upload or generate through the Service (“Customer Data”).

Both parties agree to keep confidential any non-public information received from the other party in connection with the Service, and not to disclose it to third parties without prior written consent, except as required by law.

9. Limitation of Liability

StackPros’ total liability for any claim arising under or related to these Terms shall not exceed the total fees paid by the Customer in the 12 months preceding the event giving rise to the claim. StackPros is not liable for indirect, incidental, or consequential damages, including loss of profit, loss of data, or business interruption, unless caused by gross negligence or wilful misconduct. Nothing in these Terms limits liability that cannot be excluded under applicable Dutch law.

10. Term and Termination

These Terms remain in effect for the duration of the Customer’s subscription. Either party may terminate the agreement with written notice as specified in the subscription agreement. StackPros may immediately suspend or terminate access if the Customer materially breaches these Terms and fails to remedy the breach within 14 days of written notice. Upon termination, the Customer may request an export of its Customer Data within 30 days. After this period, StackPros may delete Customer Data.

11. Changes to These Terms

StackPros may update these Terms from time to time. Customers will be notified of material changes at least 30 days in advance via email or in-app notification. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

12. Governing Law and Disputes

These Terms are governed by the laws of the Netherlands. Any disputes arising from or related to these Terms shall be submitted exclusively to the competent court in Amsterdam, the Netherlands.

13. Contact

StackPros B.V. (operating the Why at Work platform)
De Wel 20
3871 MV Hoevelaken
The Netherlands

KvK (Chamber of Commerce): 97689173
Phone: +31 85 130 2728
Email (general): info@whyatwork.nl
Email (support): support@whyatwork.nl
Website: https://whyatwork.nl