Terms of Service

These Terms of Service ("Terms") govern your access to and use of NestedClock's time tracking and workforce management platform ("Service"), operated by Nested Technology Group Pty Ltd (ABN 54 698 422 552), the company behind NestedClock ("we", "us", or "our"). By creating an account, checking the "I agree" box during signup, or using our Service, you enter into a binding agreement with us.

NestedClock provides cloud-based time tracking and workforce management software for Australian businesses, including clock in/out tracking, staff management, roster scheduling, photo verification, GPS tracking, real-time monitoring, payment tracking, alerts, staff messaging, and related features as described on our website.

NestedClock is available as native mobile applications for iOS (iPhone and iPad) and Android, in addition to the web application. The mobile apps are an alternative way to access the same Service and are governed by these Terms.

• We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the app on devices you own or control, solely to access your NestedClock account. The app is licensed, not sold.
• Your use of the app is also subject to the rules of the store you download it from (the Apple App Store or Google Play), including the Apple Licensed Application End User Licence Agreement (where applicable). If these Terms conflict with a store's terms, the store's terms apply to the extent of the conflict for that download.
• No in-app purchases. Subscriptions, plans, add-ons and all billing are managed on the web at nestedclock.com.au — not inside the mobile app. Downloading the app is free.
• Some features require device permissions you can grant or revoke at any time in your device settings — for example the camera (clock-in photos), location/GPS (clock-event location), and notifications (push alerts). Declining a permission may disable the related feature.
• We may release updates from time to time, and certain features may require you to install the latest version. The apps are provided on an "as available" basis and may depend on your device, operating system and connectivity.
• The acceptable-use and all other obligations in these Terms apply equally when you use the mobile apps.

To use our Service, you must:

• Be at least 18 years old or have authority to bind your business
• Provide accurate and complete registration information
• Maintain the security of your account credentials, including admin PINs and staff login details
• Notify us immediately of any unauthorised access
• Be responsible for all activities under your account, including actions by staff members you create

The account holder (admin) is solely responsible for managing staff accounts, shop configurations, and all data entered into the system. We are not responsible for data entered incorrectly by you or your staff.

Each NestedClock subscription is licensed for use by one business entity. You may not:

• Share your subscription across multiple unrelated businesses
• Resell, sublicense, or redistribute access to the Service to third parties
• Create accounts on behalf of other businesses or individuals for commercial gain
• Use the Service as a managed service provider for other businesses without our written consent
• Allow third parties to access the Service through your account for their own business purposes

If you operate multiple related businesses (e.g. franchises under one owner), you may use a single subscription with multiple shops. If you are unsure whether your use case qualifies, contact us.

5.1 Free Plan

The Free plan provides limited access to core features with restrictions on staff and shop counts. No credit card is required. We reserve the right to modify Free plan limits at any time.

5.2 Free Trial

New accounts may receive a one-time 14-day free trial on paid plans. The trial is limited to one per person, business, or payment method. Cancelling and re-subscribing does not grant a new trial. After the trial, your payment method will be charged automatically unless you cancel before the trial ends.

5.3 Paid Subscriptions

Paid subscriptions (Starter, Professional, Business) are billed monthly or annually in advance in Australian Dollars (AUD), exclusive of GST. You authorise us to charge your payment method for all applicable fees. Prices may change with 30 days' notice.

5.4 Plan Changes

You may upgrade or downgrade your plan at any time through the billing portal. Upgrades take effect immediately with prorated charges. Downgrades take effect at the end of your current billing period. Features exclusive to higher plans will become unavailable upon downgrade.

5.5 Cancellation

You may cancel your subscription at any time. Cancellations take effect at the end of your current billing period. No refunds are provided for partial periods or unused time. See our Refund Policy for details.

Each plan includes specific resource limits that are enforced automatically by the platform:

• Free: 3 staff, 1 location
• Starter: 10 staff, 2 locations
• Professional: 30 staff, 5 locations
• Business: 60 staff, 10 locations

Current limits and pricing are displayed on our pricing page. We reserve the right to modify plan limits with 30 days' notice.

If your business requires capacity beyond the Business plan, contact us for custom pricing.

We reserve the right to contact you if your usage significantly exceeds normal patterns, and to suspend accounts that appear to be abusing the Service or circumventing plan limits.

7.1 AI Features

The Business plan includes AI-powered features: the AI Admin Assistant (read-only question answering) and Agentic AI (action-based shift creation with confirmation). These features are powered by third-party AI models and are subject to the following terms.

7.2 Usage Limits

• AI Admin Assistant: 125 requests per week per tenant
• AI Agent: 60 actions per week per tenant
• Combined AI cost cap: A$10 per week per tenant

Add-on Billing: Add-ons (Extra Staff Pack, Extra Shop Pack, AI Assistant, AI Agent) are billed as separate subscriptions. Each add-on can be purchased and canceled independently. Add-ons require an active paid plan (Starter or above). If your main plan is canceled, add-ons will deactivate after the grace period expires.

Usage limits reset every 7 days from your first request of the period. If you require higher limits, contact us for custom arrangements. We reserve the right to adjust default limits with 30 days' notice.

7.3 AI Output Disclaimer

AI features provide estimates and suggestions only. AI-generated responses — including pay calculations, attendance summaries, and shift recommendations — are not guaranteed to be accurate and should not be relied upon as the sole basis for business decisions. You are responsible for reviewing and verifying all AI outputs before acting on them.

7.4 AI Data Handling

• AI features process your business data (staff names, shift times, rosters, leave records) to generate responses
• All AI processing occurs on Australian infrastructure
• Your data is not used to train AI models
• AI queries and responses are logged for audit purposes and retained for 90 days
• AI features only access data belonging to your tenant — no cross-tenant data access is possible

7.5 AI Limitations

We do not guarantee the availability, accuracy, or completeness of AI features. AI features may be temporarily unavailable due to maintenance, model updates, or third-party service disruptions. We are not liable for any decisions made based on AI-generated outputs.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorised access to our systems or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Use the Service to harass, abuse, or harm others
• Scrape, crawl, or extract data from the Service by automated means
• Use the Service in a way that could damage our reputation or brand
• Create fake or fraudulent accounts, staff members, or time entries
• Circumvent or attempt to circumvent plan limits, feature gates, or security measures

Your use of the Service is governed by our Privacy Policy. Key points:

• All data is stored on Australian servers (Sydney)
• We use 256-bit TLS encryption for all connections
• You retain ownership of your business data
• All time and wages data is retained for a minimum of 7 years in compliance with the Australian Fair Work Act
• We comply with the Australian Privacy Principles (APPs)
• Photos captured for verification are stored securely with automatic expiry
• Payment information is processed by Stripe and never stored on our servers

The Service, including all software, designs, text, graphics, logos, and other content, is owned by Nested Technology Group Pty Ltd and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, reverse engineer, or create derivative works without our written permission.

You grant us a limited licence to use your business name and logo for the purpose of providing the Service (e.g. displaying your business name in the admin dashboard).

We target 99.9% uptime but do not guarantee uninterrupted access. We may perform maintenance, updates, or modifications that temporarily affect availability. We will endeavour to provide advance notice of planned maintenance. We are not liable for downtime or service interruptions beyond our reasonable control.

To the maximum extent permitted by Australian law, NestedClock shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service.

Our total aggregate liability for any claims related to the Service is limited to the amount you paid us in the 12 months preceding the claim, or A$100, whichever is greater.

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

The Service is provided "as is" and "as available". To the extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, secure, or meet your specific requirements.

You agree to indemnify and hold harmless NestedClock, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our reasonable discretion with notice. Upon termination:

• Your right to use the Service ceases immediately
• You may request a data export within 30 days of termination
• After 30 days, your data may be permanently deleted, except where retention is required by law (including Fair Work Act record-keeping obligations)
• Outstanding fees remain payable

The account owner may permanently delete the account at any time from Settings → Account on the web or mobile app. Deletion is a self-service action that is separate from cancelling a subscription: cancelling keeps your data and reverts you to the Free plan, whereas deletion permanently erases it.

• Only the account owner (admin) can delete the account. Staff, managers, and anyone acting on the account's behalf cannot.
• Deletion is confirmed by typing your business name, then begins a 14-day grace period during which you can sign back in and cancel it to keep everything.
• After the grace period, deletion is permanent and irreversible. We remove your account, all shops, staff and manager logins, time entries, breaks, rosters, pay/rate data, payslips, photos, messages, leave, mileage and related records.
• Any active subscription is cancelled. No refund is given for the unused portion of the current billing period (see our Refund Policy).
• All staff and manager logins attached to the business are removed and will immediately lose access.

Your record-keeping obligations. As an employer you are responsible for retaining time and wages records for at least 7 years under the Fair Work Act 2009 (Cth). That obligation is yours, not ours, and it continues after deletion. You must export and securely keep your own copy of any records you need before deleting, as we cannot recover deleted data once the grace period ends. See our Privacy Policy and Delete Account page for details.

Our referral programme allows you to share a unique link with others. When a referred user subscribes to a paid plan, both parties receive a discount as described on the referral page. We reserve the right to modify or discontinue the referral programme at any time, and to revoke rewards obtained through fraudulent or abusive means.

Promotional codes are subject to specific terms at the time of issue. They may have expiry dates, usage limits, and plan restrictions. Promotional codes cannot be combined unless explicitly stated. We reserve the right to revoke codes that are shared publicly without authorisation.

We may modify these Terms at any time. We will notify you of material changes via email or through the Service at least 14 days before they take effect. Your continued use after changes constitutes acceptance. If you do not agree to modified Terms, you must stop using the Service and cancel your subscription.

These Terms are governed by the laws of Queensland, Australia. Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to the courts of Queensland, Australia.

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and NestedClock regarding the Service and supersede all prior agreements.

Questions about these Terms:

• Email: support@nestedclock.com.au
• Support: Contact page
• Address: Nested Technology Group Pty Ltd (ABN 54 698 422 552 · ACN 698 422 552), Queensland, Australia