Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Timeki mobile app, website, and related services (the "Service"), operated by Byond Bytes Pty Ltd ("Timeki", "we", "our", "us").

By using the Service, you agree to these Terms. If you don't agree, please stop using the Service.

1. Acceptance of Terms

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

2. Description of Service

Timeki is a time tracking and workforce management application that enables:

• Managers and business owners to track employee work hours, manage schedules, and monitor job sites
• Employees to clock in/out, track breaks, and view their schedules
• Geofencing capabilities to verify location-based time tracking
• Time entry review, approval, and export for payroll purposes

3. Free Trial and Subscriptions

3.1 Free Trial

Managers and business owners can try Timeki free for 30 days. During the trial period, you have access to all features of the Service. The free trial is available to new users only and may be limited to one trial per user or organization.

3.2 Paid Subscriptions

After the free trial period ends, continued use of the Service requires a paid subscription ("Subscription"). Subscriptions are available through the Apple App Store or Google Play Store and are subject to their respective terms and conditions.

Subscription features include:

• Unlimited time tracking
• Team member invitations
• Job site management with geofencing
• Shift scheduling and management
• Time review and approval workflows
• CSV export for payroll

3.3 Automatic Renewal

Subscriptions automatically renew each billing period (monthly or yearly) unless cancelled before the renewal date. You can cancel anytime through your Apple App Store or Google Play Store account settings. Cancellation takes effect at the end of the current billing period.

3.4 Payment

All payments are processed through the Apple App Store or Google Play Store. You must provide a valid payment method and authorize us or the app store provider to charge all subscription fees to it. If a payment fails, we may suspend your access to paid features until payment is completed.

4. Fee Changes

We reserve the right to modify subscription prices at any time. For existing subscribers, price changes will take effect at the start of your next billing cycle after we provide you with reasonable advance notice (at least 30 days). If you don't agree with a price change, you may cancel your subscription before the change takes effect.

5. Refunds

Refund requests are handled according to the policies of the Apple App Store or Google Play Store through which you purchased your subscription. We may review refund requests on a case-by-case basis and approve them at our discretion, except where required by law.

You may be entitled to a refund under Australian Consumer Law if:

• The Service has a major problem or failure
• We provided misleading information about the Service
• Other consumer guarantee rights are not met

6. User Accounts

6.1 Account Creation

To use Timeki, you must create an account. When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

6.2 Account Types

• Manager/Owner Accounts: Can create job sites, invite team members, manage schedules, review and approve time entries, and export data.
• Employee Accounts: Can clock in/out, view schedules, track breaks, and submit time entries for approval.

6.3 Account Security

You must:

• Keep your password secure and confidential
• Notify us immediately if you suspect unauthorized use of your account
• Not share your account credentials with others
• Log out from shared devices

We are not liable for any loss or damage arising from your failure to maintain account security.

7. Your Content and Data

7.1 Content Ownership

You retain all ownership rights to the content and data you upload to Timeki ("Your Content"), including:

• Time entries and work records
• Job site information
• Project and task details
• Employee information
• Schedule data
• Photos and media (future feature)

7.2 License to Use Your Content

By uploading Your Content to Timeki, you grant us a limited, worldwide, non-exclusive license to use, store, display, and distribute Your Content solely for the purpose of operating and improving the Service. This includes:

• Storing Your Content securely on our servers
• Displaying Your Content within the app to authorized users
• Processing Your Content to provide features like reports and exports
• Creating backups of Your Content

7.3 Content Responsibilities

You are solely responsible for Your Content and must ensure that:

• You have the right to upload and share it
• It does not violate any laws or third-party rights
• It does not contain malicious code or viruses
• It is accurate and not misleading

7.4 Content Removal

We reserve the right to remove or disable access to any Content that we believe, in our sole discretion:

• Violates these Terms or our policies
• Infringes on third-party rights
• Is illegal, harmful, or inappropriate
• Poses a security or technical risk

8. Acceptable Use

8.1 Permitted Use

You may use Timeki only for lawful purposes and in accordance with these Terms. The Service is intended for workforce time tracking and management.

8.2 Prohibited Activities

You must not:

• Violate any applicable laws or regulations
• Infringe on intellectual property or other rights of others
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated tools to access the Service (e.g., bots, scrapers)
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without authorization
• Use the Service to harass, abuse, or harm others
• Submit false or fraudulent time entries
• Circumvent geofencing or location verification features
• Create multiple accounts to abuse free trial offers

9. Geofencing and Location Services

Timeki uses GPS location data to verify that employees are within designated job site boundaries when clocking in or out. By using these features, you:

• Consent to the collection of location data as described in our Privacy Policy
• Acknowledge that location accuracy depends on device GPS capabilities and environmental factors
• Agree not to falsify or manipulate location data
• Understand that managers may view location data associated with time entries

Employers using geofencing features must comply with all applicable workplace privacy laws and inform employees about location tracking.

10. Intellectual Property

10.1 Our Rights

All materials in the Service, including software, text, graphics, logos, icons, images, audio clips, and downloads, are the property of Byond Bytes Pty Ltd or our licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for its intended purpose
• Download and use the mobile application on your devices

This license does not permit you to:

• Copy, modify, or create derivative works of the Service
• Distribute, sell, or sublicense the Service
• Remove or alter any proprietary notices

10.3 Trademarks

"Timeki" and related logos are trademarks of Byond Bytes Pty Ltd. You may not use our trademarks without our prior written consent.

11. Third-Party Services and Links

The Service may integrate with or contain links to third-party websites, applications, or services, including:

• Apple App Store and Google Play Store
• Firebase services
• Payment processors

We do not control these third-party services and are not responsible for their content, privacy practices, or terms. Your use of third-party services is subject to their respective terms and policies. We encourage you to review them before use.

12. Service Availability and Changes

12.1 Availability

We strive to provide reliable service but cannot guarantee that Timeki will be available at all times. The Service may be unavailable due to:

• Scheduled maintenance
• Technical issues or system failures
• Circumstances beyond our control

12.2 Changes to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Service.

12.3 Updates

We may release updates, upgrades, or new versions of the Service. You may need to update the app to continue using it. Some updates may be required for security or functionality purposes.

13. Data Export and Portability

You can export your time tracking data in CSV format at any time through the app. We recommend regularly exporting your data for your records. Upon account termination, you should export your data as we are not obligated to retain it indefinitely.

14. Suspension and Termination

14.1 Termination by You

You may stop using the Service at any time and cancel your subscription through your app store account. To delete your account and associated data, contact us at support@timeki.app.

14.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, if:

• You breach these Terms
• Your subscription payment fails and remains unpaid
• You engage in fraudulent or illegal activity
• We are required to do so by law
• We discontinue the Service

14.3 Effect of Termination

Upon termination:

• Your right to use the Service ends immediately
• Your subscription will not be refunded (unless required by law)
• We may delete your account and data after a reasonable period
• You remain liable for any fees owed before termination

Provisions that by their nature should survive termination will continue to apply, including ownership rights, disclaimers, indemnity, and limitation of liability.

15. Disclaimers and Warranties

15.1 "As Is" Service

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of information
• Uninterrupted or error-free operation
• Security or freedom from viruses

15.2 Limitation on Disclaimers

Nothing in these Terms excludes, restricts, or modifies any consumer rights or guarantees that cannot be excluded under Australian Consumer Law, including the right to:

• Services provided with due care and skill
• Services fit for any specified purpose
• Services delivered within a reasonable time

15.3 Use at Your Own Risk

You use the Service at your sole risk. We do not warrant that:

• The Service will meet your specific requirements
• Location tracking will be 100% accurate
• Time tracking data will be error-free
• The Service is suitable for compliance with all payroll regulations

You are responsible for verifying the accuracy of time entries and ensuring compliance with employment laws.

16. Limitation of Liability

16.1 Limitation

To the fullest extent permitted by law, Byond Bytes Pty Ltd, its directors, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

• Loss of profits, revenue, or business opportunities
• Loss of data or time entries
• Loss of goodwill or reputation
• Service interruptions or downtime
• Errors in time calculations or payroll
• Costs of substitute services

This applies regardless of the cause of action (contract, tort, negligence, or otherwise) and even if we have been advised of the possibility of such damages.

16.2 Maximum Liability

Our total liability to you for all claims arising from your use of the Service will not exceed the amount you paid us in subscription fees during the twelve (12) months immediately preceding the claim, or AUD $100, whichever is greater.

16.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any statutory rights you may have under Australian Consumer Law or other laws that cannot be excluded. Where our liability cannot be excluded, it is limited to the extent permitted by law.

17. Indemnification

You agree to defend, indemnify, and hold harmless Byond Bytes Pty Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of the Service
• Your Content and any data you submit
• Your breach of these Terms
• Your violation of any laws or third-party rights
• Your employment practices or workplace policies
• Disputes with your employees regarding time tracking or payroll

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of the State of Victoria, Australia, and the Commonwealth of Australia, without regard to conflict of law principles.

18.2 Jurisdiction

You agree that any disputes arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

18.3 Dispute Resolution

Before initiating legal proceedings, we encourage you to contact us at support@timeki.app to seek an informal resolution. Many disputes can be resolved quickly through good faith communication.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Byond Bytes Pty Ltd regarding the Service and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us.

19.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction.

19.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, or internet/telecommunications failures.

20. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, the Service, or legal requirements. When we make significant changes, we will notify you by:

• Displaying a prominent notice within the app
• Sending you an email notification
• Updating the "Last updated" date at the top of these Terms

Your continued use of the Service after such changes constitutes your acceptance of the updated Terms. If you don't agree with the changes, you should stop using the Service and cancel your subscription.

21. Contact Us