1. Definitions

• Service — the ClockIn software, including the web application, the Android and iOS applications, and any documentation we provide.
• Customer Data — all data you or your users put into the Service, including employee records, attendance, leave, performance and recruitment data.
• Self-hosted deployment — the Service running on infrastructure you control.
• Managed deployment — the Service running on infrastructure we operate on your behalf.
• User — an individual authorised by you to access the Service.

2. Agreement to these terms

By using the Service you agree to these terms. If you are accepting on behalf of an organisation, you confirm you are authorised to bind that organisation. If you do not agree, do not use the Service.

3. The service and deployment options

ClockIn is workforce management software covering time and attendance, timesheet approvals, leave, reporting, and — where enabled — performance reviews, recruitment, scheduling and other optional modules. Which modules are available to you depends on what has been agreed and enabled for your deployment.

For self-hosted deployments you are responsible for the infrastructure, its security, its backups, and its availability. Our responsibilities are limited to providing the software and any support that has been agreed.

For managed deployments we are responsible for running the infrastructure, applying updates, and taking backups as described in section 10.

4. Accounts and administrators

• You are responsible for the accuracy of the account information you provide.
• You are responsible for keeping credentials confidential and for all activity under your users' accounts.
• Your administrators control who has access and at what permission level. Grant administrative access carefully — administrators can read, edit and export the data of other users.
• Tell us promptly at [email protected] if you believe an account has been compromised.

5. Acceptable use

You agree not to:

• use the Service unlawfully, or to store or transmit unlawful content;
• use it to monitor people in ways your local employment or privacy law does not permit — this matters particularly for the optional location and geofencing features, which you must not enable without a lawful basis and appropriate notice to your employees;
• attempt to gain unauthorised access to the Service, other customers' data, or the underlying infrastructure;
• probe, scan or load-test the Service without our written permission;
• resell, sublicense or provide the Service to third parties unless we have agreed in writing;
• reverse engineer the Service except to the extent that restriction is unenforceable under applicable law.

We may suspend access without notice where we reasonably believe continued use presents a security risk or breaks the law. We will restore access as soon as the cause is resolved.

6. Your data stays yours

You retain all rights to Customer Data. We claim no ownership of it. We do not use it to train machine learning models, we do not sell it, and we do not use it to market to your employees.

On a managed deployment we access Customer Data only as needed to operate, support, secure and back up the Service, or where you ask us to. You can export your data from the Service at any time in PDF, Excel or CSV format.

7. Data protection

Where we process personal data on your behalf, you are the controller and we are the processor. Our Privacy Policy explains how we handle personal data. Managed-hosting customers should have a Data Processing Agreement with us — request one at [email protected].

You are responsible for having a lawful basis for the employee data you put into the Service, and for telling your employees that you use it.

8. Fees and payment

Fees, billing period and payment terms are those set out in the order form, quote or written agreement between us. Unless that document says otherwise, fees are exclusive of VAT and other applicable taxes, and invoices are payable within 30 days.

If an invoice remains unpaid after we have given you written notice and a reasonable period to remedy, we may suspend the Service. We will not delete Customer Data for non-payment without first giving you a reasonable opportunity to export it.

9. Intellectual property

We own the Service, its source code, design and documentation, and all associated intellectual property rights. These terms grant you a non-exclusive, non-transferable right to use the Service for your internal business purposes for as long as your agreement is in effect. Nothing here transfers ownership of the software to you.

If you send us feedback or suggestions, we may use them to improve the Service without obligation or payment to you.

10. Availability and support

For managed deployments we aim to keep the Service available during normal operation, take daily backups, and apply security patches on a regular cadence. Any specific uptime commitment or support response time applies only if it is stated in a written agreement or service level agreement between us — this page does not by itself create one.

We may carry out planned maintenance, and will give reasonable notice where it is likely to be disruptive. Emergency security maintenance may be applied without notice.

11. Warranties

Each of us warrants that we have the authority to enter into these terms. We further warrant that:

• the Service will perform materially as described in our documentation; and
• we will provide it with reasonable skill and care.

If the Service materially fails to perform as described, tell us and we will use reasonable efforts to correct it. That correction is your primary remedy for a defect.

12. Disclaimer

Except as expressly stated in section 11, and to the fullest extent permitted by law, the Service is provided "as is". We do not warrant that it will be uninterrupted or error-free, or that it will meet every requirement you have.

ClockIn is not payroll, tax or legal advice. Reports the Service produces are derived from the data you enter. You remain responsible for verifying hours, pay calculations, leave entitlements and statutory filings, and for compliance with the employment law that applies to you.

13. Limitation of liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that:

• neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, or loss of anticipated savings;
• each party's total aggregate liability arising out of these terms is limited to the fees paid or payable by you in the 12 months preceding the event giving rise to the claim.

For self-hosted deployments, we are not liable for data loss, downtime or security incidents arising from infrastructure you control.

14. Term and termination

• These terms apply for as long as you use the Service.
• Either party may terminate for material breach if the other fails to remedy it within 30 days of written notice.
• You may terminate a subscription in line with the order form or written agreement.
• On termination of a managed deployment, we will make Customer Data available for export for 30 days, after which we will delete it — unless the law requires us to keep it, or your Data Processing Agreement says otherwise.
• Sections 6, 9, 12, 13 and 16 survive termination.

15. Changes to the service and to these terms

We develop the Service continuously and may add, change or remove features. We will not materially reduce core functionality you are paying for during a paid term without telling you.

We may update these terms. If a change materially affects your rights we will give at least 30 days' notice to customers before it takes effect. Continuing to use the Service after that means you accept the updated terms.

16. Governing law

These terms are governed by the law of [GOVERNING LAW JURISDICTION], and the courts of [COMPETENT COURTS] have exclusive jurisdiction over any dispute — except that either party may seek injunctive relief in any competent court.

If any provision is held unenforceable, the rest remains in force. A failure to enforce a provision is not a waiver of it.

17. Contact

Questions about these terms: [email protected]
Data protection: [email protected]