Draft for review. Prepared alongside the product and accurate about how it behaves, but not reviewed by a lawyer. Have it reviewed, and complete the [SQUARE BRACKETS], before offering the service commercially.

Terms of service

Last updated:

1. Who you are contracting with

Klock is provided by [LEGAL ENTITY NAME], registration number [REG NUMBER] ("we", "us"). By creating a workspace you ("the Customer") accept these terms. If you are accepting on behalf of a business, you confirm you are authorised to do so.

2. The service

A hosted time and attendance system: a browser-based clocking kiosk that identifies enrolled employees by face or PIN, and the reporting built on the resulting records.

3. Trial

New workspaces get 14 days free with every feature and no card. At the end of the trial the workspace becomes read-only until a plan is chosen. Nothing is deleted at that point, and exports continue to work.

4. Fees

Plans are monthly, in advance, in South African rand, excluding VAT.
Plans are limited by the number of active employees. Deactivated employees do not count, and their history is retained at no charge.
Payment is processed by Stripe. We do not see or store your card details.
Changing plan is prorated by Stripe.
We will give at least 30 days' notice by email before increasing prices for an existing customer.

5. Non-payment

If a payment fails the workspace keeps working while Stripe retries — people must be able to clock in tomorrow morning. If it remains unpaid the workspace becomes read-only. We will not delete payroll records for non-payment, and exports will keep working, because those records are a statutory obligation of yours rather than leverage for us.

6. Cancellation

Cancel any time from the billing page; the workspace stays active to the end of the paid period, then becomes read-only. We keep data for 90 days after cancellation so you can export it, and will delete it on request at any point. Monthly fees already paid are not refunded.

7. Your responsibilities

This is the part that matters most, because of what the product processes.

You are the responsible party for your employees' personal information, including their face templates. We process it as your operator, on your instructions.
You must obtain valid, informed, explicit consent from each employee before enrolling their face, and keep a lawful basis for processing it. The product records consent, but obtaining it properly is yours to do.
You must offer employees who decline, or withdraw, a workable alternative. The built-in PIN option exists for this.
You must keep credentials — passwords and kiosk device tokens — confidential, and rotate a token you believe is exposed.
You must not use the service to identify anyone who is not your own employee or contractor, or for surveillance beyond recording working time.

8. Acceptable use

You may not:

enrol a person's face without their consent;
use face templates for any purpose other than recording working time;
attempt to access another customer's workspace or data;
probe, scan or load-test the service without written permission (genuine vulnerability reports are welcome — see the security page);
resell or white-label the service without a written agreement.

We may suspend a workspace immediately for a serious breach of this section, and will explain why.

9. Availability

We aim for high availability but do not offer a contractual uptime guarantee on standard plans. Planned maintenance will be announced in advance where practical. Enterprise customers can agree an SLA in writing.

Because recognition runs in the browser, a kiosk needs a working internet connection to record a punch. Punches made while offline are not queued. Where reliability is critical, keep a manual fallback.

10. Accuracy

Face recognition is probabilistic. The system refuses to guess when a match is ambiguous, which is the right trade for pay data, but it can still fail to recognise someone or, very rarely, mismatch. The timesheet records how each punch was made, and administrators can correct any record with an audit trail.

You remain responsible for the accuracy of your payroll. Review timesheets before paying on them. We are not liable for wages calculated from uncorrected records.

11. Data and export

Your data is yours. You can export timesheets in PDF, Excel and CSV at any time without asking us. We will not withhold data over a billing dispute.

12. Intellectual property

We own the software; you own your data. Feedback you send us may be used to improve the product without obligation.

13. Warranties and liability

The service is provided "as is" to the fullest extent permitted by law. Our total liability in any 12-month period is limited to the fees you paid us in that period. Neither party is liable for indirect or consequential loss. Nothing here limits liability for death, personal injury, fraud, or anything else that cannot lawfully be limited — including your rights under the Consumer Protection Act where it applies.

14. Indemnity

You indemnify us against claims arising from your failure to obtain lawful consent for biometric processing, or from your use of the service in breach of these terms.

15. Changes to these terms

We may update these terms and will email account holders at least 14 days before a material change takes effect. Continuing to use the service afterwards means accepting them; if you do not, cancel and export your data.

16. Governing law

These terms are governed by the laws of the Republic of South Africa, and the parties submit to the jurisdiction of the [COURT] court.

17. Contact

[SUPPORT EMAIL] · [POSTAL ADDRESS]