Terms of Service

These Terms of Service (“Terms”) govern your access to and use of ClockOut, the time-tracking and scheduling application available at useclockout.com and as a mobile PWA (the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Accounts

You must provide accurate information when creating an account and keep it current. You are responsible for keeping your password confidential and for all activity that occurs under your account. You must be at least 13 years old to use the Service; for workplace use, you must be old enough to legally work in your jurisdiction.

If you are using the Service on behalf of an organization (a “Customer”), you represent that you have authority to bind that organization to these Terms.

2. Plans, billing, and changes

2.1 Plans

The Service is offered under three plans:

• Free — $0/month, up to 2 active employees, no credit card required.
• Starter — $3 per active employee per month.
• Pro — $5 per active employee per month.

Feature inclusions for each plan are listed at useclockout.com/pricing and may be updated from time to time with notice.

2.2 Billing

• Paid plans are billed monthly to the payment method on file via Stripe.
• The bill is calculated as plan price × number of active employees on the billing date.
• Adding an employee mid-cycle prorates the next invoice; removing or deactivating an employee reduces the next invoice.
• All fees are exclusive of taxes; you are responsible for any applicable taxes.
• Currency is United States Dollars (USD).

2.3 Cancellation and downgrades

You may cancel or downgrade at any time from Settings → Billing. Cancellation prevents future charges. Downgrading from a paid plan to Free with more than 2 active employees keeps existing employees but prevents adding new employees until you remove some or upgrade again.

Refunds for paid plans are governed by the Refund Policy.

2.4 Price changes

We may change prices on at least 30 days’ written notice. Price changes apply to the next billing cycle after the notice period; you may cancel before the change takes effect.

3. Acceptable use

You agree not to:

• Use the Service in violation of any law or third-party right.
• Reverse-engineer, decompile, or attempt to extract source code.
• Attempt to circumvent rate limits, security controls, or plan caps.
• Use the Service to harass, threaten, or stalk any individual.
• Track location of any individual without notice and a lawful basis.
• Upload malware, scrape data, or run unauthorized automation against the Service.
• Use the Service to violate wage-and-hour laws, including by manipulating timesheet records.

4. Customer responsibilities

As a Customer (employer), you are responsible for:

• Notifying employees that you use a GPS-enabled time clock and disclosing the data practices in your employee handbook.
• Configuring geofences, compliance rules, and overtime thresholds in line with applicable law.
• Honoring privacy and employment-law obligations toward your employees, including BIPA in Illinois (if applicable), CCPA/CPRA in California, and similar state laws.
• Accuracy of timesheet data — ClockOut provides tools but does not certify the accuracy of any specific timesheet.
• Compliance with any wage-and-hour laws applicable to your business.

5. User (employee) data

When a Customer invites Users (employees) to the Service, the Customer is the controller of those Users’ data and ClockOut acts as a processor. The Customer is responsible for providing legally required notices to Users and for honoring Users’ data-subject rights. See the Privacy Policy for details.

6. Intellectual property

ClockOut and all related content (logos, software, designs, copy) are owned by ClockOut and protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your internal business purposes during your subscription.

You retain all rights to the data you upload or generate through the Service (“Customer Data”). You grant us a limited license to process Customer Data solely to provide and improve the Service.

7. Third-party services

The Service integrates with third-party services (Stripe, ADP, Gusto, QuickBooks, Slack, Google Calendar). Your use of those services is governed by their own terms. We are not responsible for the availability, accuracy, or actions of third-party services.

8. Service availability

We aim for high availability but do not guarantee uninterrupted access. Scheduled maintenance, infrastructure incidents, and third-party outages can affect availability. We do not offer service-level credits unless explicitly agreed in a separate written contract.

9. Suspension and termination

We may suspend or terminate your access if you violate these Terms, if we are required by law, or if your account is materially delinquent. Upon termination:

• Your right to use the Service ends immediately.
• We retain your data for 60 days to support reactivation, then permanently delete it.
• You remain liable for any fees accrued before termination.

10. Disclaimers

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. ClockOut does not warrant that the Service will be uninterrupted, error-free, or that timesheet records produced by the Service will satisfy any specific legal requirement.

11. Limitation of liability

To the maximum extent permitted by law, ClockOut’s aggregate liability arising out of or related to these Terms and the Service is limited to the amount you paid for the Service in the 12 months preceding the event giving rise to the claim. ClockOut is not liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or lost data.

12. Indemnification

You agree to defend, indemnify, and hold harmless ClockOut, its officers, employees, and agents from any claim, demand, or expense (including reasonable attorneys’ fees) arising out of your use of the Service, your Customer Data, or your violation of these Terms or applicable law.

13. Governing law and disputes

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in Harris County, Texas, and you consent to their jurisdiction. The parties waive any objection to venue.

Either party may seek injunctive relief in any competent court for actual or threatened infringement of intellectual property or breach of confidentiality.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and ClockOut regarding the Service.
• Severability. If any provision is unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce a right is not a waiver of that right.
• Assignment. You may not assign these Terms without our consent. We may assign in connection with a merger or sale of the business.
• Notices. We will send notices to the email address on file. You may send notices to hello@useclockout.com.

16. Contact

Questions about these Terms: hello@useclockout.com.