Offly
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Terms of Service

Last updated: January 7, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer" or "you") and Offly ("we", "us", or "our") governing your access to and use of the Offly time off management platform (the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Offly is a Software-as-a-Service (SaaS) platform that provides time off management functionality, including:

  • Tracking employee vacation, sick leave, and other types of absences
  • Leave request submission and approval workflows
  • Leave balance calculation and management
  • Team calendar and absence visibility
  • Reporting and analytics for workforce planning
  • Integration with other business tools (where applicable)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with at least 30 days' advance notice for material changes affecting core functionality. We will use commercially reasonable efforts to minimize service disruptions.

3. Account Registration and Eligibility

To use the Service, you must:

  • Be at least 18 years of age
  • Provide accurate, current, and complete registration information
  • Maintain and promptly update your account information to keep it accurate and complete
  • Keep your account credentials (username and password) secure and confidential
  • Notify us immediately of any unauthorized access to or use of your account
  • Accept responsibility for all activities that occur under your account

You may not share your account credentials with others or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these requirements.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
  • Attempt to gain unauthorized access to our systems, servers, networks, or data
  • Interfere with, disrupt, or impose an unreasonable burden on the Service or its infrastructure
  • Upload, transmit, or distribute viruses, malware, or any other malicious code
  • Impersonate another person, entity, or falsely state or misrepresent your affiliation
  • Violate the intellectual property rights of Offly or any third party
  • Scrape, data mine, or use automated tools to access the Service without authorization
  • Reverse engineer, decompile, or attempt to derive the source code of the Service
  • Remove, obscure, or alter any proprietary notices on the Service
  • Use the Service to transmit spam, unsolicited communications, or harassing content
  • Attempt to bypass any security measures or access controls

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account and may expose you to civil and/or criminal liability.

5. Subscription Plans and Payment Terms

5.1 Subscription Plans:

We offer various subscription plans with different features and pricing. Plan details, including features, user limits, and pricing, are available on our website and in your account dashboard.

5.2 Billing and Payment:

  • Subscriptions are billed in advance on a monthly or annual basis, as selected during signup
  • Payment is due immediately upon subscription or renewal
  • You authorize us to charge your designated payment method for all fees owed
  • All fees are in USD (or local currency as specified) and exclude applicable taxes
  • You are responsible for all applicable taxes (VAT, sales tax, etc.) unless you provide valid tax exemption documentation

5.3 Automatic Renewal:

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription rate. We will provide notice before charging a renewed subscription.

5.4 Price Changes:

We may modify our pricing at any time. Price changes will be communicated to you at least 30 days in advance and will apply to subsequent billing periods. Continued use of the Service after a price change constitutes acceptance.

5.5 Refund Policy:

All fees are non-refundable except as required by applicable law or as expressly stated in these Terms. If you believe you were charged in error, contact us within 30 days for review.

5.6 Free Trials:

Free trial periods (if offered) allow you to evaluate the Service before committing to a paid subscription. At the end of the trial, you will be automatically charged unless you cancel. We reserve the right to modify or terminate free trial offers at any time.

6. Data Ownership and License

6.1 Your Data Ownership:

You retain all ownership rights to the data you submit to the Service ("Customer Data"), including employee information, time off requests, and related content. We claim no intellectual property rights over your Customer Data.

6.2 License to Us:

You grant us a limited, non-exclusive, royalty-free license to access, use, process, and store Customer Data solely to provide the Service to you, maintain and improve the Service, and comply with applicable law. This license terminates when you delete Customer Data or terminate your account.

6.3 Data Processing Agreement:

To the extent we process personal data on your behalf, our Data Processing Agreement (DPA) governs such processing. The DPA is incorporated into these Terms by reference and is available at [link to DPA] or upon request.

6.4 Data Portability and Export:

You may export your Customer Data at any time using our data export functionality. We provide data in common, machine-readable formats (e.g., CSV, JSON) to facilitate portability.

7. Service Level and Availability

We strive to maintain high service availability and performance. However, we do not guarantee uninterrupted or error-free operation of the Service. The Service may be temporarily unavailable due to:

  • Scheduled maintenance (we will provide advance notice when possible)
  • Emergency maintenance or security updates
  • Factors beyond our reasonable control (force majeure, infrastructure failures, etc.)

For enterprise customers, a separate Service Level Agreement (SLA) may be available upon request.

8. Intellectual Property Rights

The Service, including its software, design, text, graphics, logos, and other content (excluding Customer Data), is owned by Offly and protected by copyright, trademark, patent, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes in accordance with these Terms. This license does not permit you to:

  • Resell, sublicense, or redistribute the Service
  • Use the Service to build a competing product or service
  • Copy, modify, or create derivative works of the Service

9. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party ("Confidential Information") and to use such information only as necessary to fulfill obligations under these Terms. This obligation does not apply to information that: (a) is publicly available, (b) was known prior to disclosure, (c) is independently developed, or (d) must be disclosed by law.

10. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. You use the Service at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OFFLY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

These limitations apply regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Offly, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use or misuse of the Service
  • Your violation of these Terms or applicable law
  • Your Customer Data or any claim that it infringes or violates third-party rights
  • Your negligence or willful misconduct

13. Termination and Cancellation

13.1 Termination by You:

You may cancel your subscription at any time through your account settings or by contacting us atsupport@offly.app.

For EU/EEA Customers (EU Data Act Compliance): You have the right to terminate your subscription at any time with a maximum notice period of two months, regardless of the original contract duration or renewal terms. Automatic contract renewals do not extend your minimum commitment period beyond two months' notice.

Cancellation takes effect at the end of your current billing period. You will continue to have access to the Service until that date. No refunds will be provided for partial billing periods unless required by law.

13.2 Termination by Us:

We may suspend or terminate your access to the Service immediately and without notice if:

  • You breach these Terms or our Acceptable Use Policy
  • Your account is past due or payment fails
  • We are required to do so by law or court order
  • Your use poses a security risk or adversely impacts the Service

We may also terminate the Service entirely with 90 days' advance notice.

13.3 Effect of Termination:

Upon termination, your access to the Service will cease, and we will delete your Customer Data within 90 days unless retention is required by law. You should export your data before termination. Sections of these Terms that by their nature should survive (including payment obligations, warranties, indemnification, and limitations of liability) will continue after termination.

13.4 Data Export and Switching (EU Data Act):

Upon termination, we will facilitate the secure transfer of your Customer Data to you or a third party of your choosing within a reasonable timeframe (typically within 30 days). We provide data in structured, machine-readable formats to ensure seamless switching to alternative providers.

Important for EU/EEA Customers: As of January 12, 2027, we will not charge data egress fees for switching to another provider. Until that date, reasonable data transfer fees may apply for large-scale exports.

14. Third-Party Services and Links

The Service may integrate with or contain links to third-party services, websites, or applications that are not owned or controlled by Offly. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, technology, legal requirements, or business operations. We will notify you of material changes at least 30 days in advance via:

  • Email to the address associated with your account
  • Prominent notice within the Service
  • Notice on our website

Continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you may terminate your account as described in Section 13.

The "Last updated" date at the top of this page indicates when these Terms were last revised.

16. Governing Law and Dispute Resolution

16.1 Governing Law:

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

16.2 Dispute Resolution:

In the event of any dispute arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may pursue binding arbitration or litigation as described below.

16.3 EU/EEA Customers:

If you are a consumer located in the EU/EEA, you may also have the right to access alternative dispute resolution through the European Commission's Online Dispute Resolution platform at:https://ec.europa.eu/consumers/odr

17. General Provisions

17.1 Entire Agreement:

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Offly regarding the Service and supersede all prior agreements and understandings.

17.2 Severability:

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver:

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.4 Assignment:

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure:

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, labor disputes, or internet/telecommunication failures.

17.6 Export Compliance:

You agree to comply with all applicable export and import control laws and regulations in your use of the Service.

18. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us at:

Email: legal@offly.app
Support: support@offly.app