Terms of Use

These Terms of Use (“Terms”) govern your use of the Clocking In app and any related services (the “App”) provided by Clocking In Pty Ltd (ACN 702 501 442, ABN 18 702 501 442) (“we”, “us”, “our”). By downloading or using the App you agree to these Terms. If you do not agree, do not use the App.

1. Licence

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the App for your own personal, non-commercial fitness use, in accordance with these Terms and with the Apple Media Services and App Store terms. You must not copy, modify, reverse-engineer, resell, sublicense or commercially exploit the App or its content except as permitted by law.

2. Eligibility

The App is intended for adults. You must be at least 18 years old to buy a subscription and to use the App on your own account. A person under 18 may use the App only under the supervision of, and with the consent of, a parent, guardian or coach who is at least 18, who agrees to these Terms on the minor’s behalf, and who is responsible for supervising their use. You are responsible for anyone you allow to use the App under your account.

3. Health and safety

Your use of the App is subject to the Health and Fitness Disclaimer and Assumption of Risk (Document 1), which forms part of these Terms. Exercise is undertaken at your own risk. Consult a physician before you start.

4. Subscriptions, billing and auto-renewal

The App offers a free tier and auto-renewing subscriptions purchased through the Apple App Store. The following applies to subscriptions:

• Payment is charged to your Apple Account when you confirm the purchase.
• Your subscription renews automatically at the then-current price unless you turn off auto-renew at least 24 hours before the end of the current period.
• Your Apple Account is charged for the renewal within 24 hours before the end of the current period.
• You can manage or cancel your subscription in your Apple Account settings, under Subscriptions. Deleting the App does not cancel a subscription.
• If a free trial is offered, any unused portion is forfeited when you buy a subscription, and the trial converts to a paid subscription if you do not cancel before it ends.
• We may change subscription prices. Apple will notify you and, where required, seek your consent before a changed price takes effect, and you may cancel before the change applies.
• Refunds are handled by Apple under Apple’s policies and your rights under the Australian Consumer Law. We generally cannot issue refunds for App Store purchases directly, so please request these through Apple.

5. Australian Consumer Law

Our App comes with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies those guarantees. For major failures you are entitled to the remedies set out in the ACL, and for other failures you may be entitled to have problems put right in a reasonable time or, where applicable, to a refund. These rights are in addition to any voluntary remedy we or Apple offer.

6. Your content and data

You keep ownership of the training data, notes and information you enter. Your training data is stored on your device, as described in the Privacy Policy, and we generally do not receive or access it. To the extent we handle any information you send us directly, you grant us a limited licence to use it only to provide and support the App’s features. You are responsible for the accuracy of the information you enter.

7. Intellectual property

The App, its design, code, text, program logic, training content, trademarks (including “Clocking In” and our logo), and all other materials are owned by or licensed to us and are protected by copyright, trademark and other laws. These Terms grant you no rights in them except the limited licence in section 1.

8. Acceptable use

You must not use the App unlawfully, attempt to gain unauthorised access to it, interfere with its operation, or use it in any way that could harm us or other users. We may suspend or end your access if you breach these Terms.

9. Disclaimers and limitation of liability

To the maximum extent permitted by law, the App is provided “as is” and “as available”. We do not warrant that it will be uninterrupted, error-free or fit for a particular purpose beyond the consumer guarantees that apply by law. Subject to section 5, and to the maximum extent permitted by law, our total liability arising out of or in connection with the App is limited to the amount you paid us, or for App Store purchases the amount of the relevant subscription, in the 12 months before the claim.

10. Apple-specific terms

These Terms are between you and us, not Apple, and Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation, and Apple is not responsible for addressing any claim by you or a third party relating to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

11. Changes to these Terms

We may update these Terms from time to time. We will notify material changes in the App or on clockingin.app. If you keep using the App after the changes take effect, you accept them.

12. Governing law

These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland. Nothing in this clause limits rights you have under laws that apply to you regardless of this choice.

13. Contact

Clocking In Pty Ltd, Brisbane, Queensland, Australia. Email: support@clockingin.app.