Terms of Service

1. Service provider

These terms apply to your use of SmartWerk via smartwerk.nl.

• SmartWerk
• Netherlands
• Chamber of Commerce (KVK): available on request by email
• E-mail: support@smartwerk.nl
• https://www.smartwerk.nl

2. Definitions

• Service: the SmartWerk platform
• User: anyone with an account or using the service
• Subscription: free or paid plan via Stripe

3. The service

SmartWerk provides software for freelancers and ZZP professionals.

SmartWerk does not provide legal, tax or accounting advice. You remain responsible for compliance and accuracy.

4. Account

You must be at least 16. You provide accurate information and keep credentials secure.

By registering you accept these terms (including the data processing agreement in §12) and acknowledge our privacy policy.

SmartWerk is intended for professional and business users — for example freelancers, ZZP professionals, sole traders and companies. It is not intended for private consumers who want to send invoices without a registered business activity.

At registration you confirm that you use the service for business or professional purposes. You must not create or send invoices, quotes or other documents unless you are legally authorised to do so (including under Dutch KvK and VAT rules where applicable).

You remain fully liable for the content, accuracy and legality of every document you generate or send via SmartWerk.

5. Subscriptions and payment

Prices are listed on /pricing. Paid plans are processed via Stripe.

You may cancel via billing portal; access continues until the end of the paid period unless stated otherwise.

Plan upgrades through SmartWerk take effect immediately; your previous subscription is canceled so you are only billed for one active plan.

Plan downgrades take effect at the end of your current billing period; you keep your current plan until then, with no immediate charge for the lower plan.

We do not automatically refund unused time on a previous plan except where required by law or for confirmed billing errors (e.g. duplicate charges).

When you upgrade, you pay the full monthly price of the new plan immediately. There is no pro-rata credit for unused days on your previous plan.

Prices on /pricing are exclusive of VAT unless stated otherwise. VAT on your SmartWerk subscription is handled by Stripe; you receive a payment confirmation and can download receipts via Billing → Manage billing.

If you are a consumer, you may have a 14-day withdrawal right. For digital services that start immediately after payment, you waive withdrawal once you begin using the service, where permitted by law.

We will announce price changes in advance.

6. Acceptable use

We may restrict or terminate accounts for abuse.

Plans are intended for normal freelance and ZZP use. We may apply fair-use limits on volume (including clients, documents and outbound email) to protect the service. Accounts used for spam, bulk messaging or abuse may be restricted or closed.

• No unlawful, misleading or spam use
• No infringement of third-party rights
• No security circumvention
• No malware or unlawful content

7. Intellectual property

SmartWerk software remains our property. You retain ownership of content you create.

You grant us a limited license to process your content to provide the service.

8. Availability

We aim for high availability but do not guarantee uninterrupted service.

9. Liability

Where permitted by law, liability is limited to fees paid in the 12 months before the incident, capped at €150, unless mandatory law provides otherwise.

We are not liable for indirect damage, lost profit or consequences of tax or legal decisions based on the service.

10. Termination

You may delete your account yourself: sign in → Dashboard → Profile → Delete account (confirm with your account email). Cancel any paid subscription first via the billing portal. Export your data: Dashboard → Profile → Export my data (ZIP/JSON). For other access requests, contact us via section 1 of /privacy (we respond within 30 days).

We may terminate the service for serious breach of these terms.

11. Governing law

Dutch law applies. Disputes are submitted to competent courts in the Netherlands, unless mandatory consumer law in your country provides otherwise.

12. Data processing agreement (GDPR)

This section is the data processing agreement (GDPR Art. 28) for personal data of your clients, customers, contacts and other third parties that you store, send or process in SmartWerk.

You are the data controller for that data. SmartWerk is the processor and processes it only on your instructions and as needed to provide the service (invoices, quotes, contracts, email, exports, dashboard).

By accepting these Terms of Service at registration you instruct SmartWerk to process such data and enter into this agreement.

SmartWerk processes personal data within the European Economic Area unless appropriate safeguards (such as EU Standard Contractual Clauses) apply — see also /privacy.

SmartWerk implements appropriate technical and organisational measures, including HTTPS, access controls and limited access to production systems.

In the event of a (suspected) personal data breach, the parties will inform each other without undue delay. SmartWerk will reasonably assist you with notifications to the supervisory authority or data subjects where you are required to do so.

Requests from data subjects (access, rectification, erasure) concerning data in your account are primarily your responsibility as controller. SmartWerk assists you where technically feasible via export, account tools and support.

When your account ends, SmartWerk deletes your data from active systems as described in /privacy and §10. Data you already emailed to third parties is outside our control.

• Categories processed (indicative): name, email, phone, address, IBAN, invoice/quote data, attachments you upload
• Known sub-processors: Google Firebase/Google Cloud, Vercel, Stripe, Resend; optional Sentry — see /privacy §6
• Sub-processors may change; we update /privacy for material changes

13. Changes

We may update these terms and will notify you of material changes.