These terms are a contract between Rostr Pty Ltd (ABN 00 000 000 000) ("Rostr", "we", "us") and the business that opens a Rostr account ("you"). By creating an account or using Rostr you agree to them. If you are accepting on behalf of a company, you confirm you have the authority to do so.
Rostr is a business tool. You must hold an ABN and use Rostr for your business, not as a consumer. Workers who clock on using Rostr are not party to these terms; the site operator is responsible for them under section 6.
1. What Rostr is
Rostr is a web service for recording who is on a construction site: QR clock-on and clock-off, inductions, licence and ticket expiry checks, timesheets built from clock events, labour transfers between sites, and attendance insights. We may add, change or retire features. If we retire a feature your plan depends on, we will give you 60 days notice.
2. Your account
- You are responsible for everyone you invite, including subcontractors you let add their own people.
- Keep sign-in details secure. Tell us straight away if you think an account has been compromised.
- You must give us accurate company and billing details and keep them up to date.
- One company per account. A subcontractor who wants their own board opens their own account.
3. Plans and fees
- Current plans and prices are on rostr.au/pricing. Prices are in Australian dollars and exclude GST, which is added to every invoice. [TODO: confirm]
- Monthly plans are billed in advance each month. Annual plans are billed in advance for the year and include the discount shown on the pricing page.
- Your plan sets how many active sites you can run. A site is active while its QR poster can be scanned. Archived sites do not count.
- If you go over your plan's site limit we will tell you and give you 14 days to archive a site or move up a plan. We will not lock anyone out of a live site board during that time.
- We can change prices with 30 days notice by email. A price change takes effect at your next renewal. If you do not accept it, you can cancel before then.
- Late payment: if a payment fails we will retry and email you. If it is still unpaid after 14 days we may suspend the account under section 11.
4. Cancelling
- You can cancel from settings at any time. Monthly plans end at the end of the current billing month. Annual plans end at the end of the current year.
- We do not refund the unused part of a billing period, except where the Australian Consumer Law or section 10 requires it, or where we have ended the service under section 1.
- After cancellation you have 30 days to export your data. Then we delete it as described in the privacy policy.
5. Your data
- Everything you and your workers put into Rostr is yours. You give us a licence to store, process and display it only to provide the service, keep it secure, and meet our legal obligations.
- You can export your data at any time in CSV, and licence photos as files.
- We will not use your data to train AI models, and we will not sell it.
- We keep your company's data isolated from every other customer's.
- We may use aggregated, de-identified statistics (for example, average clock-on time across all sites) to improve Rostr. These cannot be traced back to you or your workers.
6. Workers and privacy
You are the site operator. That means you must:
- Have the right to collect each worker's details and to ask for licence photos, and tell workers what you collect and why. Rostr shows a collection notice at first clock-on, but the obligation is yours.
- Comply with the Privacy Act 1988 (Cth) if it applies to you, and with work health and safety laws in your state or territory.
- Only add fields that you need. Do not use Rostr to collect health, medical or other sensitive information.
- Set a retention period that matches your legal obligations, and respond to worker access and deletion requests that we pass on to you.
- Not use clock-on data for surveillance beyond site attendance, or in a way that breaches workplace laws.
We handle personal information as described in our privacy policy, which forms part of these terms.
7. Compliance is still yours
Rostr records what your workers tell it and checks dates. It does not verify a licence with the issuing body [TODO: update if integrations are added], it cannot tell if a photo is of a fake card, and it does not know the law on your site. You remain responsible for your duties under work health and safety law, licensing law and your contracts. Use Rostr to make those easier, not as a substitute.
8. AI features
Ask Rostr and attendance insights produce summaries from your clock events using an AI model. They can be wrong, miss context, or read a question differently from how you meant it. Check the numbers before you act on them, especially for pay, discipline or safety decisions. Insights are provided as information, not advice.
9. Acceptable use
You must not:
- Use Rostr to break the law or someone else's rights
- Try to get into another customer's data, or probe or load test the service without our written permission
- Resell Rostr or offer it as part of your own service without an agreement with us
- Upload malware or anything that would damage the service
- Add people to a site without authority to record their attendance
10. Availability and support
- We aim to keep Rostr available all the time, and we build the phone app to keep working when the site has no signal. We do not promise uninterrupted service on Site or Portfolio plans. Enterprise customers have a service level agreement in their order form.
- Planned maintenance happens outside Australian working hours where we can, with notice in the app.
- Support is by email for every plan, with priority response on Portfolio and a named contact on Enterprise. [TODO: response time targets]
- If Rostr is unavailable for more than [TODO: 24] hours in a month for reasons within our control, you can ask for a credit of the fees for that period.
11. Suspension and termination
- We may suspend an account if fees are unpaid for 14 days after notice, if we reasonably believe it is being used in breach of section 9, or to deal with a security problem. We will tell you why and what is needed to restore it.
- We may end these terms with 30 days notice if you are in serious breach and have not fixed it, or with 90 days notice if we stop providing Rostr altogether. In the second case we refund any prepaid fees for the period after the end date.
- Your workers' clock-on records are not deleted during a suspension.
12. Intellectual property
Rostr, its software, design and name belong to us or our licensors. You get a non-exclusive right to use it under these terms. You keep all rights in your data. If you give us feedback, we can use it without owing you anything.
13. Australian Consumer Law and liability
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy you have under that law that cannot be excluded.
Where the law allows us to limit our liability for a breach of a guarantee, our liability is limited, at our choice, to supplying the service again or paying the cost of having it supplied again.
Otherwise, and to the extent the law allows, our total liability to you for anything arising out of these terms in any 12 month period is limited to the fees you paid us in that period. Neither of us is liable to the other for indirect or consequential loss, loss of profit, or loss of data that you could have exported. This cap does not apply to a breach of section 5 or 6, to fraud, or to a breach of confidentiality.
14. Indemnity
You indemnify us against claims by your workers, subcontractors or regulators that arise from you breaching section 6 or section 9, except to the extent we caused the loss.
15. Confidentiality
Each of us keeps the other's confidential information confidential and uses it only for these terms. Your data is your confidential information. These obligations last for three years after the account closes, and for personal information, for as long as we hold it.
16. Changes to these terms
We may update these terms. For material changes we will email account holders at least 30 days before they take effect. If you keep using Rostr after that date you accept the new terms. If you do not, you can cancel before then and we will refund any prepaid fees for the period after your cancellation.
17. General
- These terms are governed by the laws of Western Australia. Disputes go to the courts of Western Australia. [TODO: confirm]
- Before either of us starts a court claim we will try to resolve the dispute by a meeting between senior people within 30 days of written notice.
- If any part of these terms is unenforceable, the rest still applies.
- Neither of us is liable for a failure caused by something outside our reasonable control, but you still have to pay for the service you received.
- You cannot transfer these terms without our consent. We can transfer them to a buyer of our business, with notice to you.
- Notices to us go to hello@rostr.au. Notices to you go to the account holder's email.
18. Contact
Rostr Pty Ltd
[TODO: postal address], Perth, Western Australia
hello@rostr.au