These terms apply to business customers from the acceptance of the registration or the order, before the first access to an environment containing real customer data. A free trial is also governed by these terms and the data processing agreement.
1. Definitions
- Klox: Klox BV, Sint-Amandsesteenweg 268, 2880 Bornem, Belgium, company number 1043.296.663, RPR Antwerpen, afdeling Mechelen (VAT BE 1043.296.663), provider of the service. You can reach us via hallo@klox.be.
- Customer: the undertaking that purchases the service exclusively for its professional activity, including during a trial.
- User: a person authorised by the customer who uses the service.
- Service: the online Klox platform and the modules expressly included in the order.
- Order: the registration for a trial, activation of a subscription in the app, quotation or subscription confirmation accepted electronically or in writing, setting out the chosen plan, the price, the units purchased and any special arrangements.
- Customer data: the data entered by or on behalf of the customer and the registrations and output generated from it through the customer's use.
2. Applicability
2.1 Acceptance. These terms apply to the order, the use and the related services. Before acceptance, the customer receives the applicable documents in a form that it can store and reproduce. The accepting person declares that they are authorised to bind the customer. Klox confirms the order and keeps the accepted version and the time of acceptance. The customer's general terms and conditions do not apply. Individual deviations apply only if both parties have accepted them in writing or electronically.
2.2 Order of precedence. Expressly agreed special arrangements take precedence over these terms. As regards instructions, security, data subject rights and the processing of personal data, the data processing agreement takes precedence over conflicting general provisions. Article 8 of these terms continues to govern liability between Klox and the customer, including for contractual claims under the data processing agreement. The exceptions stated therein continue to apply. The privacy policy is information for data subjects and is not a separate warranty, licence of use or consent to processing.
2.3 Amendments. Klox may amend these terms for a subsequent subscription period because of changes in legislation, security requirements, technical interoperability or a demonstrable change to the agreed service. It notifies the amendment, the reason and the effective date at least sixty calendar days in advance. The customer may terminate before that date. During a current paid period, Klox may introduce necessary legal or urgent security changes, limited to what is necessary. Any other materially adverse change during that period requires consent or entitles the customer to terminate the affected part before the change, with a refund of the prepaid unused service time. Rates are governed by 5.6.
3. The service
3.1 Scope. Klox provides the features of the chosen plan as described in the accepted order. The standard service supports recording, viewing, correcting and exporting working time. Scheduling, leave management, reporting, additional locations, kiosk devices and export to a payroll provider (social secretariat) are included only if the plan or the order states so. A file export is not in itself an automatic integration with a payroll package. Announced future features, experimental modules and hardware are not included without a separate order.
3.2 Operation. Klox ensures that the service properly performs the agreed core functions. Raw time records are recorded append-only during the applicable retention period. Corrections are recorded separately with reason, author and time. The customer is responsible for the accuracy of its input, the working arrangements chosen and the assessment of the hours actually worked. Klox remains responsible for errors attributable to it in the operation, calculation, storage or export of the software.
3.3 Application of employment law. The service supports an objective, reliable and accessible registration within the agreed features. It does not replace the assessment of the customer's applicable employment legislation, collective labour agreements, work regulations or pay arrangements. An included clause generator produces a standard text based on the choices entered, not individual legal advice or a guarantee for every sector-specific arrangement. The customer checks that text before including it in its work regulations. Klox does, however, warrant the careful operation and description of that generator. An announced change in the law is not a commitment that every future obligation will be covered by the existing plan on a given date.
3.4 Maintenance and evolution. Klox may improve the technical implementation, interface and non-essential features provided that the agreed core functionality, security and usability are not materially reduced. A material reduction is governed by 2.3. An integration with an external service chosen by the customer requires the appropriate access and an interface supported by Klox. Klox is not responsible for errors in that external service, but it is responsible for its own agreed integration work. A new integration or custom work falls outside the subscription unless included in writing.
4. Account and use
4.1 Access and licence. For the term of the agreement, Klox grants the customer a non-exclusive, non-transferable right to use the service for its own internal professional activity and authorised users. Limited export access after expiry is governed by article 10. The customer may not resell access, give unauthorised third parties access, circumvent security or disrupt operation for others. The lawful study of the functioning of software and the legally protected acts necessary for interoperability are not excluded. Source code, infrastructure and development work not expressly agreed are not supplied.
4.2 Accounts. The customer manages its users, roles and authorised contact persons with due care and revokes unnecessary access in good time. Users keep their login credentials, such as passwords, PINs and badges, confidential and use the security features offered. The customer reports suspected misuse without undue delay. Klox is responsible for the security of its own environment and access facilities. An error by a user does not exclude a security failure that is also attributable to Klox.
4.3 Rights in data. The customer and the relevant rights holders retain their rights in customer data. Klox obtains only the powers necessary for delivery, security, support and the agreed wind-down. Klox does not use employee data for its own advertising, sales or the training of AI models. The data and rights of employees do not become the property of Klox through the use of the service. Klox's own software, generic documentation and know-how remain with Klox or its rights holders.
4.4 Confidentiality. The parties keep each other's non-public business information, access credentials, security information and customer data confidential and use them only for this agreement. They share them only with persons and advisers who need them and are bound by appropriate confidentiality. This does not apply to information that is demonstrably lawfully public, was already lawfully known or has been independently developed. A disclosure required by law is limited to what is necessary and notified in advance, unless notification is prohibited. The obligation lasts for five years after the end and, for trade secrets, for as long as they are protected as such. Personal data are additionally governed by the data processing agreement and the applicable retention periods.
5. Subscription, prices and invoicing
5.1 Price and units. The order determines the plan, the rate per active employee, the minimum fee, any additional locations and kiosk devices, discounts and the monthly or annual period. Prices are exclusive of VAT. An employee counts once their account has been activated for ordinary registration or use. Mere historical retention of a deactivated employee does not count as active use. The first statement and every change show the units counted. The current pricing page does not automatically change an order that has already been accepted.
With a monthly subscription, additional active employees are charged pro rata for the remainder of the month from their activation date. Deactivation reduces the number from the following month, subject to the agreed minimum. With an annual subscription, the agreed number is purchased for one year. Additional employees are charged at the applicable annual rate pro rata for the remainder of the annual period. A lower number takes effect at the next annual renewal. An upgrade takes effect immediately on request, with a proportional additional payment. A downgrade takes effect at the end of the current billing period.
5.2 Trial. After registration and acceptance of these terms and the data processing agreement, a free trial starts. The trial lasts fourteen days, unless Klox communicates a longer period at registration. Klox shows the start and end date in the app. No payment details are required. Only express activation on the basis of the communicated order starts the paid subscription. Without activation, ordinary use stops without subscription charges. The customer may then export or activate for ninety calendar days. Earlier lawful deletion may be requested. Klox gives a warning at least fourteen calendar days before this export period expires. Further deletion follows 10.4.
5.3 Invoicing. Klox invoices the subscription in advance per month or per year. Interim extensions are invoiced additionally. Invoices are payable within fourteen calendar days of receipt; a payment by automatic direct debit or card is collected on the announced date. The customer provides correct billing details and receives a structured electronic invoice where the Belgian B2B invoicing rules require it. A reasoned dispute is communicated as soon as possible and states the disputed part. The undisputed part remains payable. A late dispute is not in itself an irrebuttable acknowledgement.
5.4 Late payment. In the event of an unpaid invoice that has fallen due, the statutory interest and the fixed compensation of forty euros are owed as soon as the conditions of the Act of 2 August 2002 on combating late payment in commercial transactions are met. Only reasonable additional recovery costs in excess of that amount may be claimed in addition, without recovering the same costs twice. Before suspension, Klox sends a formal notice with a cure period of fifteen calendar days. Thereafter, it may proportionately restrict ordinary use for the unpaid part. It takes into account a serious, reasoned dispute. Secure data retrieval and necessary statutory privacy assistance remain possible.
5.5 Security suspension. In the event of a specific, acute risk to security, unlawful use or other customers, Klox may immediately restrict access to the extent strictly necessary. It informs the customer as soon as possible, investigates a secure solution and restores access as soon as the reason ceases to exist. If export via the portal is unsafe, it offers an appropriate secure alternative. Suspension does not confer a right to destroy data prematurely.
5.6 Rate changes. Klox may adjust the rate for a subsequent subscription period because of demonstrable changes in hosting, staff or other delivery costs, taxes or the agreed features. Klox notifies the new rate and the reason at least sixty calendar days in advance. Until that date, the existing rate continues to apply. A current annual price is not increased during the term, except for a directly applicable tax change. The customer may terminate before the new rate takes effect. A price increase does not arise merely because the pricing page has been changed.
6. Obligations of the customer
6.1 Cooperation. The customer provides suitable devices, an internet connection, correct settings, authorised administrators and timely information that Klox needs for the agreed service. The customer determines its working arrangements, checks the recorded work and follows up errors in good time. In the event of a disruption, it uses an appropriate temporary registration method and checks completeness afterwards. Klox supports the restoration or traceable completion of missing data insofar as this forms part of the agreed service or the remedying of its own error.
6.2 Lawful use of personnel data. The customer ensures an appropriate legal basis, information to employees, necessary employment-law arrangements and any required consultation. It assesses whether a data protection impact assessment is needed. It enters data only within the scope of the assignment and does not activate additional monitoring without appropriate assessment. Medical certificates, diagnoses, national register numbers, biometric identifiers and precise location data that have not been agreed may not be entered. Permitted limited absence data follow the module scope set out in the data processing agreement. These obligations do not remove Klox's own statutory and contractual responsibilities.
6.3 Claims concerning data supplied. The customer compensates the reasonable, demonstrable damage and defence costs of a third-party claim insofar as it results from an infringement, attributable to the customer, of rights in material it supplied or from an unlawful instruction it gave. Klox notifies the claim in good time, mitigates the damage and gives the customer a reasonable opportunity to conduct the defence. Neither party concludes a settlement binding the other party without its consent. The customer does not bear damage caused by Klox's own fault. For ordinary faults, the customer's total liability under this paragraph per contract year is subject to a separate cap equal to the special cap of 8.3. Related claims are attributed to the first event causing the damage; this customer cap is separate from Klox's own cap. This limitation does not apply in the event of intent or gross negligence on the part of the customer. Each party's own administrative fines and rights or recourse under article 82 GDPR are governed by 8.7.
7. Availability and support
7.1 Availability and support. Klox maintains and secures the service with the care of a professional SaaS provider. Uninterrupted availability or a fixed recovery time is committed to only in a separately agreed service level. Planned maintenance is announced in advance where possible. Urgent security work may take place immediately, with information as soon as responsibly possible. The included support channel is email; depending on the plan, also tickets or chat in the app. Priority, any support hours and special response times follow the chosen plan or an express arrangement. Priority support does not in itself mean permanent availability or a guaranteed recovery time.
7.2 Disruptions. The customer describes a disruption with the information reasonably needed to investigate it, without unnecessarily sending sensitive data. Klox prioritises on impact and security, seeks a solution or a workable temporary workaround and keeps the customer appropriately informed in the event of serious disruptions. Ordinary remedying of an error attributable to Klox is included. New features, customer-specific work and investigation demonstrably caused solely by an unsupported customer configuration may be charged separately after a quotation accepted in advance. No fee is imposed afterwards for work that was presented as included.
7.3 Force majeure. A party is not obliged to perform for as long as performance is prevented by an impossibility not attributable to it. It notifies the specific cause, limits the consequences and resumes as soon as possible. A cyber incident, staff absence, supplier outage or cost increase is not automatically force majeure. The party's own security, continuity and mitigation obligations remain relevant. If a material impediment lasts longer than thirty consecutive calendar days, either party may terminate the affected part. Prepaid fees for the period definitively not delivered are refunded. Secure handling of data remains required as soon as and insofar as performance is possible.
8. Liability
8.1 Basis and remedy. Each party is liable for damage causally connected with a failure or fault attributable to it, applying the allocation of risk agreed below. The injured party substantiates the damage and takes reasonable measures to mitigate it. Any contribution by that party to the occurrence or aggravation of the damage is taken into account. The caps on damages below do not remove Klox's obligation to proper performance, the remedying of its own software error and the agreed handling of data. Klox has the right and the obligation first to remedy a reported failure within a reasonable period before the customer claims damages or termination, unless remedying is not possible or no longer meaningful. A proportionate price reduction and a refund for service time definitively not delivered are not damages under those caps.
8.2 General cap. For all claims for damage within the same contract year, Klox's total liability to pay damages is limited to the higher of: (i) 1.5 times the Fees Paid; or (ii) 1,500 euros. The Fees Paid are the amounts, exclusive of VAT, that the customer actually paid to Klox for the service in the twelve months before the first event causing damage in that contract year. If the agreement has been running for less than twelve months at that time, the higher of (a) the fees already paid and (b) the fees owed for those first twelve months applies.
8.3 Special cap and concurrence. For damage resulting from a breach of confidentiality or of Klox's security or data processing obligations (including the data processing agreement), for the necessary costs of data recovery and incident mitigation and for the indemnity in 8.8, the higher of the following applies instead of the general cap: (i) 2 times the Fees Paid as defined in 8.2; or (ii) 5,000 euros. For all ordinary and special claims for damage together in one contract year, this special cap is the overall maximum. The ordinary part remains limited within it in accordance with 8.2. The caps are not cumulative. A contract year begins on the start date of the paid subscription and on each anniversary of that date. The preceding trial counts towards the first contract year. Without a paid continuation, the trial together with its wind-down counts as one contract year. Claims arising from the same event causing damage or from the same directly related cause count as one series in the year of that first event. The number of employees affected, documents involved or legal bases does not increase the cap.
8.4 Categories of damage. Loss of future profit or turnover, missed savings, loss of business opportunities, reputational damage and damage resulting from the customer's failure to make timely backups or exports of its own that it was able to make according to the documentation are not compensated. Ordinary wages, social security contributions and taxes that the customer would have owed even without a fault by Klox are not damage caused by that fault. Reasonable and necessary costs of reconstructing data lost through a fault by Klox, mitigating an incident or correcting an incorrect dossier are not affected by these exclusions. They fall under the applicable cap. An additional cost is not excluded merely because it was charged administratively, technically or by a third party.
8.5 Specific exceptions. The caps and exclusions of damage in 8.2 to 8.4 inclusive do not apply to intentional misconduct or gross negligence by Klox or by persons for whom it is responsible. Nor do they apply to damage resulting from injury to life or to physical or mental integrity. The data subjects' own rights, statutory recourse and fines are governed separately in 8.7. None of these provisions entitles Klox not to perform the agreed core service, remedying or handling of data.
8.6 Contractual claims and auxiliary persons. For damage between the parties arising from non-performance of this agreement, the parties exercise their claims on a contractual basis and exclude any additional non-contractual claim for the same non-performance. The customer undertakes not to bring a non-contractual claim for that same damage against the employees, self-employed contractors or subcontractors (including hosting and infrastructure providers) that Klox engages for performance. This is a stipulation for the benefit of those auxiliary persons, on which they may rely directly. These exclusions do not apply to intentional misconduct or gross negligence of the person against whom the claim is brought, to injury to life or to physical or mental integrity, or to the statutory rights and statutory recourse referred to in 8.7. Claims concerning conduct outside the performance of this agreement are not excluded hereby.
8.7 Personal data, recourse and authorities. This agreement does not limit the claims of employees or other data subjects under article 82 GDPR and does not bind any supervisory authority. Where article 82(4) and (5) provide for full compensation and subsequent recourse in accordance with each party's share of responsibility, that statutory recourse is not limited by the caps referred to above. Each party bears the administrative fines imposed on it for its own infringements. This agreement contains no indemnity for such fines. The caps of 8.3 and the exceptions of 8.5 do, however, apply to the customer's and Klox's own commercial claims for damages against each other under the data processing agreement.
8.8 Software copyright claims. Klox handles a third-party claim that the standard software it supplies infringes a copyright when used as agreed in the European Economic Area. The customer notifies the claim in good time and provides reasonable cooperation. Klox may, at its own expense, obtain the necessary right, modify the affected feature or provide a substantially equivalent solution. If no reasonable solution is possible, Klox may terminate the affected part and refund the unused prepaid service time. In addition, Klox compensates amounts finally awarded or agreed in a settlement with its consent and reasonable defence costs under 8.3. Klox conducts the defence and the negotiations; the customer does not acknowledge any liability without Klox's prior written consent. This does not apply to a claim arising solely from unauthorised modifications, an unsupported combination or material supplied by the customer. The exceptions of 8.5 continue to apply.
8.9 Notification of damage. A party notifies an established failure or claim as soon as reasonably possible, and in any event within thirty days after the party established or should reasonably have established the failure, with the information available, and provides an opportunity for investigation and remedy. A later notification does not automatically extinguish a claim. Demonstrable avoidable additional costs caused by that delay may, however, be taken into account in assessing the damage. The statutory limitation rules continue to apply.
9. Data processing
Personal data that Klox processes on behalf of the customer are governed by the data processing agreement from the first processing until the end of the agreed wind-down. The customer determines the lawful purposes and instructions. Klox also has its own statutory obligations as processor. The privacy policy describes Klox's separate processing operations of its own. Article 8 governs liability between the contracting parties, with the exceptions stated therein. Article 10 governs termination, switching and the return of customer data. The data processing agreement supplements their implementation for personal data.
10. Term, termination, end and applicable law
10.1 Ordinary term and termination. The paid subscription runs for one month or one year as chosen and is renewed each time for the same period. The customer may terminate before the end of the current period via the account function provided or in writing via hallo@klox.be. Klox confirms receipt. Termination takes effect at the end of the current period; until then, the service and payment obligations continue. Klox announces an annual renewal at least thirty calendar days in advance. An ordinary termination does not give a right to a refund of service time already used or agreed until that end. The special early termination rights below continue to apply.
10.2 Failure and termination by Klox. In the event of a sufficiently serious failure, the other party may terminate the agreement. Where remedy is possible, it gives a written formal notice allowing, in principle, fifteen calendar days to remedy. Immediate termination remains possible where postponement or remedy cannot reasonably be required. In the event of a termination attributable to Klox, Klox refunds prepaid unused service time and no early exit fee applies. Klox may terminate without a failure only with effect from the end of the current subscription period, with at least sixty calendar days' notice. The handling of data and applicable switching rights remain available.
10.3 Switching to another data processing service or to own ICT infrastructure. The customer may request a switch in writing or opt for erasure without switching, in accordance with the Data Act (Regulation (EU) 2023/2854). The notice period before the transition is at most two months; Klox accepts a shorter period where reasonably feasible. Thereafter, the transition in principle lasts at most thirty calendar days. Klox provides reasonable assistance, ensures continuity, security and the agreed features during the transition and cooperates in good faith with the customer and the designated new provider. The customer cooperates reasonably and organises receipt and set-up at the destination.
If a transition within thirty calendar days is technically unfeasible, Klox notifies this within fourteen working days of the request, with a specific justification and an alternative transition period of at most seven months. The customer may extend the transition once by a period more suitable for its purpose. After the transition, the customer has at least thirty calendar days to retrieve data. The agreement ends on completion of the switch. Where erasure without switching is chosen, it ends after the applicable notice period. Klox confirms the end and the subsequent handling of data. The statutory technical exception alone does not confer a general right to postpone every switch by seven months.
The transfer comprises the customer data entered, registrations, corrections and rosters generated through use, permitted absence data, necessary relational data and metadata, relevant audit data and digital assets in which the customer has rights of use independently of this subscription. Klox provides a structured, commonly used machine-readable format, such as CSV with schema and field documentation, and the open interfaces and technical information required by law. A PDF dossier serves additionally for readability. Excluded are Klox's source code and internal generic algorithms, data of other customers, readable passwords and authentication secrets. Those exclusions are not used to withhold customer data or necessary transfer information. Klox does not guarantee that another SaaS service has the same features, calculations or interface.
Charges on switching. Ordinary subscription fees remain payable for the services actually continued until the effective end. The standard export, the switching assistance and the retrieval period are included: Klox does not charge any switching fees. Separate custom work outside the statutory switching obligations requires a separate quotation and may not be a condition for an ordinary switch.
In the event of early termination of an annual subscription at the customer's request without a failure by Klox, only the annual discount actually enjoyed on the service time already used may be reclaimed. The settlement is the positive difference between the price of that time used at the monthly rate communicated at the start of the year and the price of the same time at the agreed annual rate. It never exceeds the remaining ordinary subscription fee until the annual expiry date. If no monthly rate was communicated in advance or there is no annual discount, nothing is owed. Unused prepayment is refunded after set-off of this settlement and other undisputed amounts due. No such settlement applies in the event of a termination attributable to Klox, a termination because of a materially adverse change or a valid termination because of an unresolved privacy objection under the data processing agreement.
10.4 Retrieval and deletion. On an ordinary end of the contract, the customer retains secure export access for thirty calendar days. In the event of a switch, that period begins only after the transition and lasts at least thirty calendar days. The customer may request a lawful earlier return or deletion. After the retrieval period, Klox deletes the personal data from the active systems within thirty calendar days. Remaining isolated backup copies disappear no later than thirty calendar days after that production deletion. They are not used for normal operations, and data deleted earlier are deleted again after any necessary restore. On an ordinary end, the maximum periods are therefore sixty days for active systems and ninety days including backups, calculated from the end of the service.
For a trial that has not been activated, an export and reactivation period of ninety calendar days from the last trial day applies instead of the first thirty days. Production deletion follows no later than day 120 and the phasing out of remaining backups no later than day 150. Klox gives a warning at least fourteen days before the end of the ninety days. Timely activation ends the scheduled trial deletion. Any statutorily applicable switching arrangement and earlier lawful deletion instruction remain unaffected.
The customer checks the completeness and usability of the export in good time and organises its further statutory archiving. The ordinary wind-down is not an archiving subscription for the remaining employment-law retention period. Klox provides the agreed export and confirms completed deletion on request. Only a statutory retention obligation under EU or Member State law applicable to Klox justifies further retention of the personal data concerned. Klox limits such retention to the necessary data and duration and informs the customer accordingly, unless notification is prohibited. Klox's own invoices and contractual evidence follow the privacy policy and do not, for that reason, contain a copy of the full employee register.
10.5 Law, notices and evidence. Belgian law applies. Contractual disputes between Klox and the business customer are submitted to the courts with subject-matter jurisdiction of the judicial district of Antwerp. This clause does not bind any employee or other data subject who is not a contracting party and does not limit any statutory power of supervisory authorities. Contractual communications are sent to the contact addresses notified by the parties; for the customer, that is the email address of the managing director (owner) of the environment, unless it notifies a different address. The party changing its address notifies the change in good time. Order confirmations, acceptance records and secured logs may be used as evidence, but remain rebuttable. They do not give Klox any exclusive or irrebuttable evidentiary right.
10.6 Severability. If a provision is found to be invalid, it is not applied. The other independent provisions remain in force where the agreement can continue without the invalid provision. This arrangement does not entitle Klox to unilaterally replace an invalid clause with a clause more favourable to it and does not make an unlawful clause valid after all.
10.7 Assignment and language. Klox may assign the agreement to a legal successor in the event of a merger, demerger or transfer of the business, provided that the service continues under the same terms. Klox notifies an assignment in advance; the customer may then terminate the agreement free of charge within thirty days, with a refund of the prepaid unused service time. These terms exist in Dutch, French and English. In the event of any discrepancy between the language versions, the Dutch version prevails.
Last updated: 11/10/2026.