Terms of Service

1. Scope and Acceptance

These Terms govern access to and use of Clockie's public website and authenticated product features (including admin, kiosk, and personal clock experiences). By accessing or using Clockie, creating an account, or using the service on behalf of a business, you agree to these Terms.

2. Contracting Entity

Clockie is operated by Kiwi Digital Ltd (New Zealand). In these Terms, “Clockie”, “we”, “us”, and “our” mean Kiwi Digital Ltd. “Customer” means the business entity that subscribes to or uses Clockie. “Authorised Users” are people the Customer allows to use the service.

3. Eligibility and Authority

• You must be at least 18 years old to create or administer an account.
• If you register or use Clockie for a company, you confirm you have authority to bind that company to these Terms.
• You must provide accurate account details and keep them up to date.

4. Accounts and Security

• You are responsible for account credentials and all activity under your account.
• You must implement reasonable security controls (for example password hygiene, access reviews, and device controls).
• You must promptly notify us if you suspect unauthorised access or a security incident.

5. Service Overview and Changes

Clockie provides time-tracking, attendance, reporting, and related workforce administration tools. Features can vary by plan, account status, and configured settings.

We may update, improve, or modify features to maintain security, performance, compliance, or product quality. Material changes will be communicated through the product and/or website.

6. Trial, Subscriptions, Billing, and Taxes

New accounts may receive a free trial (currently 14 days unless otherwise stated). No credit card is required to start the trial.

At the date of these Terms, Clockie's public Premium list price is NZD $29.00/month (excluding GST), including 5 active staff and 1 location, plus NZD $2.00/month for each additional active staff member and NZD $10.00/month for each additional active location.

• Paid subscriptions auto-renew on a monthly cycle unless cancelled.
• Plan changes may take effect immediately or from the next billing cycle, and may include prorated charges or credits as shown in checkout/billing flows.
• Billing and payment processing are handled by Stripe and are subject to Stripe's terms.
• Fees are exclusive of GST and any other applicable taxes unless stated otherwise.
• We may change pricing or plan packaging from time to time with prior notice where required.

Except where required by law, fees are non-refundable once charged.

We may introduce, remove, or change fees, price points, plan inclusions, usage allowances, and billing mechanics at any time for any reason permitted by law (including commercial, product, security, legal, tax, inflationary, or third-party cost reasons). Updates may apply immediately for new subscriptions and from the date stated in your notice or updated pricing page for existing customers.

We may apply fair use limits to protect service performance, reliability, and cost balance across customers. If your usage materially exceeds fair use thresholds or creates disproportionate load/cost, we may cap usage, throttle features, require a plan change, or suspend affected functionality until an appropriate commercial arrangement is agreed.

Where practical, we will notify you before applying excess-usage charges and offer an upgrade, add-on, or custom plan. If additional charges are not agreed, we may enforce fair use limits and/or suspend excess usage pathways.

SMS notifications — usage, pricing & fair use

Some Clockie features send SMS text messages on your behalf, including (but not limited to) personal device clock-in links sent to staff, visitor host notifications, and evacuation broadcasts. SMS sending is delivered through a third-party telecommunications provider and incurs a per-message cost to us.

• Your plan includes 25 SMS per billing month. Additional successfully-sent SMS are charged at $0.10 each (excl. GST) and appear as a metered line on your invoice for that billing cycle. The included allowance resets each billing cycle.
• All SMS types count toward your allowance — personal-device clock-in links, visitor host notifications, and evacuation broadcasts and drills. Messages that fail to send are not charged.
• Fair use means SMS volume that is reasonable for the size of your team, the number of visitors and sites you manage, and the normal operational pattern of a New Zealand business of comparable size.
• We track SMS volume per business and display it on your billing page so you can monitor your own usage in near real time.
• We may publish indicative monthly thresholds in-product. If your account materially or repeatedly exceeds those thresholds, we may contact you to discuss an appropriate plan, an add-on, or a usage-based arrangement.
• We may, at our discretion, throttle, cap, queue, or temporarily disable SMS sending for an account that is causing disproportionate cost, abusive sending patterns, suspected spam, or where the third-party provider has flagged risk. We will use reasonable efforts to give prior notice unless immediate action is needed to protect the service, recipients, or compliance with law.
• You must not use Clockie's SMS features to send marketing, promotional, political, or unrelated messages, and you must not send SMS to recipients who have not consented to receive workplace operational messages from you. You remain responsible for your content and for compliance with the Unsolicited Electronic Messages Act 2007 and any other applicable law.
• We may adjust SMS allowances or per-message pricing in future. Where we do, we will give prior notice through normal channels (in-product, email, or updated billing pages) before the change takes effect.

SMS delivery itself is best-effort and depends on the third-party provider, recipient carrier, recipient device state, and number reachability. We do not guarantee delivery, delivery time, or reachability of any individual SMS message. Critical communications should not rely solely on SMS.

7. Cancellation, Suspension, and Termination

You can cancel your subscription at any time via billing settings/portal. Cancellation generally stops future renewals and takes effect either immediately or at the end of the current billing period, depending on the option selected in the billing flow.

We may suspend or terminate access (in whole or in part) for non-payment, breach of these Terms, security risk, abuse, unlawful use, or where required by law.

After trial expiry or cancellation, accounts may move to limited or read-only access states. Customer data handling after termination is subject to these Terms, our Privacy Policy, legal obligations, and legitimate operational requirements.

8. Data, Privacy, and Customer Content

As between you and Clockie, you retain rights to your Customer data. You grant Clockie a non-exclusive right to host, process, transmit, and use Customer data as needed to operate, secure, support, and improve the service in accordance with law and our Privacy Policy.

Each party may receive non-public information from the other party. The receiving party must use that information only for the purpose of providing or using Clockie and must protect it with reasonable care, except where disclosure is required by law.

Privacy and personal information handling are governed by our Privacy Policy.

9. Customer Responsibilities

• Comply with applicable laws, including employment, wage/time, tax, and privacy requirements.
• Provide workforce notices and obtain any required consents for enabled features (for example photo capture, GPS checks, or face verification).
• Ensure authorised users, configured workflows, and exported payroll outputs are reviewed for accuracy.
• Maintain your own records and backup/retention processes needed for legal compliance.

10. Acceptable Use

You must not:

• Use Clockie for unlawful, deceptive, or fraudulent activity.
• Attempt unauthorised access, probing, scraping, or security bypass.
• Upload malware or interfere with service integrity or availability.
• Resell, sublicense, or commercially exploit Clockie without written consent.
• Use Clockie in ways that infringe privacy, employment rights, intellectual property, or other third-party rights.

11. Third-Party Services and Integrations

Clockie relies on third-party providers (for example hosting infrastructure, payment processors, payroll integrations, mapping/geocoding providers, email delivery, and optional analytics/AI services).

Your use of third-party services integrated with Clockie may also be governed by those providers' terms and policies.

12. AI and Automated Features

Some support and assistant features may use AI/ML systems. AI outputs can be incomplete, inaccurate, or unsuitable for your specific circumstances.

You are responsible for human review before relying on AI-generated content for employment, payroll, legal, tax, or compliance decisions.

13. Intellectual Property and Feedback

Clockie and related software, branding, and materials are owned by or licensed to Kiwi Digital Ltd and protected by intellectual property law.

If you provide feedback or suggestions, you grant us a worldwide, royalty-free right to use and incorporate that feedback without obligation to you.

14. Availability, Maintenance, and Support

We work to provide reliable service, including offline-capable workflows in parts of the product, but we do not guarantee uninterrupted or error-free operation.

Maintenance, upgrades, outages, third-party failures, and events outside our reasonable control may affect availability.

15. Warranties and Disclaimers

To the maximum extent permitted by law, Clockie is provided “as is” and “as available”. Except as expressly stated in these Terms, we disclaim all warranties, guarantees, and representations, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

16. Limitation of Liability

To the maximum extent permitted by law, Kiwi Digital Ltd is not liable for indirect, incidental, special, consequential, exemplary, or punitive loss, or for loss of profit, revenue, goodwill, data, or business opportunity.

Our total aggregate liability for all claims arising out of or related to Clockie in any 12-month period is limited to the total fees paid by the Customer to Clockie in that 12-month period (or NZD $100 if no fees were paid in that period).

17. Indemnity

You indemnify and hold Kiwi Digital Ltd harmless from claims, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from your unlawful use of Clockie, breach of these Terms, or violation of applicable law or third-party rights.

18. New Zealand Consumer and Fair Trading Law

If you acquire Clockie services in trade for business purposes, and both parties are in trade, then (for the purposes of section 43(2) of the Consumer Guarantees Act 1993 and section 5D of the Fair Trading Act 1986), to the extent permitted by law and where fair and reasonable, we agree that:

• The Consumer Guarantees Act 1993 does not apply.
• Sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 do not apply.

This clause does not apply where law does not permit contracting out, or where rights cannot be excluded under mandatory law.

19. Mandatory Law and Non-Excludable Rights

Nothing in these Terms limits or excludes rights or remedies that cannot lawfully be limited or excluded, including applicable mandatory consumer and fair trading protections.

20. Changes to These Terms

We may update these Terms from time to time. Updated Terms become effective when posted with a revised “Last updated” date, unless a later effective date is stated. Continued use of Clockie after the effective date constitutes acceptance of the updated Terms.

21. Electronic Notices and Communications

You agree that we may provide notices and other communications electronically, including via the service, billing portal, or email addresses linked to your account. You are responsible for keeping your contact details current.

22. General

• If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in effect.
• A failure or delay in enforcing any right is not a waiver of that right.
• You may not assign or transfer these Terms without our prior written consent. We may assign these Terms as part of a restructure, sale, merger, or transfer of business.
• Clauses intended to survive termination (including fees, liability limits, indemnity, and dispute provisions) survive termination.

23. Governing Law and Disputes

These Terms are governed by the laws of New Zealand. The courts of New Zealand have non-exclusive jurisdiction over disputes arising out of or in connection with these Terms or Clockie.

24. Contact

For questions about these Terms, contact: