Terms of Service

1Welcome

Vuqira is made available by Automatorr (ABN 18 648 549 955), Sydney, NSW 2000, Australia.

The word "service" means the Vuqira website, the Vuqira mobile application, and the application programming interfaces behind them.

When you read the words "we", "us" or "our", it means Automatorr (ABN 18 648 549 955), Sydney, NSW 2000, Australia. The words "you", "user" or "your" mean you, the person or organisation using the service.

By using the service you agree to be bound by these terms, our disclaimer and our privacy policy (together, the "terms"). We encourage you to read and understand them before using the service. If you do not agree, your remedy is to stop using the service.

When you create an organisation you are asked to accept these terms before your account is activated, and we record that you did. We may update these terms from time to time and the new provisions will apply from the date they are updated. There is a "last updated" date at the top of this page to help you keep track of any changes.

2Feedback, comments or complaints

Email support@vuqira.com. A person reads that mailbox. Automated messages we send come from an address that is not monitored, so please do not reply to those.

3What is Vuqira?

Vuqira is time tracking and timesheet approval software. People record the hours they work, against a client, a project and a task. Their approvers review those hours and approve or decline them. Administrators configure how the organisation works: its submission windows, its working patterns, its clients, projects and tasks.

Vuqira also includes rostering, which an organisation may switch on instead of, or alongside, timesheets. Administrators plan shifts and publish them. The people on those shifts accept or decline them, say which days they are available, ask to swap a shift with somebody else, and clock in and out when they work. Vuqira records what it is told and when it was told, and shows the difference between the shift that was planned and the times that were actually recorded.

Where an organisation connects its own Xero account, Vuqira can turn approved hours and worked shifts into a draft invoice in that Xero account. We do not send the invoice to your customer and we do not take payment for it. Xero is a separate company with its own terms, and the connection is made by your organisation, not by us.

Vuqira includes an AI Assistant that can answer questions about your own data and carry out actions you ask it to, such as drafting a week or sending a reminder. What it can see and do is bounded by your own permissions.

We provide the software. We are not a party to the employment relationship between an organisation and the people in it, and we do not verify that the hours recorded in Vuqira are the hours actually worked.

4How does it work?

For organisations. You must be at least 18 years old and authorised to bind your organisation to create an account. You agree to provide true and correct details when setting up an account. If it comes to our attention that you have provided false information, we may suspend or close the account.

The person who creates an organisation becomes its Super Admin and is responsible for who else is invited into it, what role each person holds, and what the organisation's settings permit. How the organisation is configured, and what its administrators can therefore see about its people, is your decision and your responsibility to communicate to them.

For people invited into an organisation. When you accept an invitation you provide your name and the date you joined that company. That joining date determines which timesheets are due from you, so it should be accurate. Your administrator can correct it.

Where your organisation uses rostering. A published shift is your organisation telling you when it wants you to work. Accepting or declining one in Vuqira records your answer; it does not settle anything between you and your employer about whether you have to work it. Clocking in and out records a time. It is a record, not proof that you were there, and not a decision about what you are owed for it.

Your organisation can see the time you record in Vuqira, including your notes and your approval history, your shifts and the times you clocked in and out, the availability you submit, and where those features are enabled, your clock-in location and photo. See clause 8 of the privacy policy.

5All care, no responsibility

Vuqira records what people tell it. We do not verify that a recorded hour was worked, that a task description is accurate, or that an approval was given by someone with authority to give it. Those are matters between an organisation and its people.

The checks Vuqira performs, such as flagging a day that does not match expected hours or that falls on a public holiday or approved leave, are conveniences to help a reviewer look in the right place. They are not an audit and they do not make the underlying record correct.

The same is true of the checks a roster is put through. Vuqira can warn that a shift clashes with another, that the gap between two shifts is short, that somebody is working many days in a row, that a week is over a number of hours you have set, or that somebody said they were unavailable. Those are the rules you typed into Vuqira, checked arithmetically. They are not an interpretation of any award, enterprise agreement or employment law, and a roster with no warnings on it is not a lawful roster.Whether a roster complies with your obligations is your organisation's responsibility to determine.

Clock-in and clock-out times, and the late, early and overtime figures worked out from them, are records of what was entered. They are not attendance verification, and they do not decide anybody's pay.

We make no representations or guarantees about the accuracy of any data entered by users of the service, and we take no responsibility for decisions made on the basis of it.

6Disclaimer

While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, completeness and accuracy of anything contained in the service for any purpose, to the maximum extent permitted by applicable law. Anything contained in the service is provided "as is" without warranty or condition of any kind. You acknowledge and agree that you use the service at your own risk.

The service may contain links to websites operated by third parties, including our payment processor's billing portal and the invoices it hosts, and the Xero account your organisation has connected. Those sites are not under our control and we are not responsible for their contents.

Our full disclaimer, including what we say about the AI Assistant, is at the disclaimer page.

7Payment and refunds

Vuqira is sold as a subscription priced per person, paid either monthly or yearly.

The first two months are free for up to 10 people. No payment method is required to create an organisation and nothing is charged for 60 days. Your free period begins on the day you sign up.

Adding an 11th person requires a payment method, including during the free period. Your first 10 people remain free until the free period ends; each additional person is charged from the day they are added.

The free period is offered once. It is recorded against the organisation and against the email address and domain that claimed it, so closing an organisation and creating a new one does not begin a second free period. Where a domain has already claimed one, we may ask you to confirm the position before the new organisation is activated.

After the free period, the price is $7 per person per month. You are charged for the number of people in your organisation, and you can change that number in any month. If no payment method has been added when the free period ends, access to the organisation is suspended until one is. Nothing is deleted while an organisation is suspended: adding a payment method restores access with everything as it was.

You can pay yearly instead. A yearly plan is $67.20 per person per year, which is 20% less than twelve monthly payments, paid once a year in advance. If your organisation uses rostering, it is billed on the same schedule as your people: $10 per month on a monthly plan, or $96 per year on a yearly plan, for the whole organisation. If you choose yearly during your free period, nothing is charged until the free period ends, including for any people beyond the first 10, and your first year begins on that day.

Adding people to a yearly plan is charged on the day you add them, for the part of your current year that remains. They then renew with everyone else.

Switching between monthly and yearly takes effect when the period you have already paid for ends, in either direction. Nothing already paid is refunded, and you are not charged twice for the same time. You can withdraw a switch at any time before it takes effect. The Payments page shows the date a switch takes effect and the amount that will be charged.

Seats are counted, not reserved, and unused seats are not refunded. If you are billed for 8 people and only 7 of them record any time, the charge is still for 8, because the seat was available for the whole cycle. Reduce your seat count before the cycle begins if you do not need it.

A reduction takes effect at the start of your next billing cycle, not immediately. You keep what you have paid for until the cycle you have already paid for ends. An increase takes effect immediately, because the person can start work immediately.

Cancelling stops future payments, it does not refund past ones. When you cancel, your subscription continues until the end of the cycle you have already paid for and is not renewed. The Payments page shows the date from which the cancellation takes effect.

We use Stripe to process payments. Card details are given to Stripe directly and are never held by us. Invoices for every charge, including the $0.00 invoice for your two free months, are available on the Payments page.

We send a reminder five days before a payment is due, and again one day before.

Nothing in this clause limits any right you have to a remedy under the Australian Consumer Law where it applies to you.

8Closing an organisation

An organisation may be closed from the settings page by its Super Admin. Closing an organisation cancels its subscription so that no further payments are taken, and everyone in it loses access straight away.

Its data is kept for 90 days after it is closed. During that time it can be restored, with everything as it was, by contacting us. After 90 days the organisation and its data, including the timesheet records of everyone in it, are deleted and cannot be recovered. If your organisation needs those records for its own tax, payroll or employment obligations, export what you need before then.

The record that the two free months were used is deliberately retained after closure. It identifies a claim rather than describing a person's work, and keeping it is what stops the same two free months being claimed repeatedly.

9Your account

You agree that it is your responsibility:

• to keep your contact details up to date
• not to share your username, password or multi-factor codes with anyone
• to tell us promptly if you believe your account has been accessed by someone else
• to export your own copies of anything you need to keep, at your own cost and expense

We may suspend or remove an account that is being used in breach of these terms. If that happens you will lose access to the service, and data associated with a closed organisation will not be recoverable unless you have kept a record yourself.

10No unlawful or prohibited use

As a condition of your use of the service, you warrant that you will not use it for any purpose that is unlawful, immoral, or prohibited by these terms.

You expressly agree not to:

• engage in threatening, harassing or defamatory behaviour
• access parts of the service that are not intentionally made available to you
• attempt to read, modify or delete data belonging to an organisation you are not a member of
• use the service in any manner which could damage, disable, overburden or impair it, or interfere with any other party's use of it
• submit hours you know to be false, or use the AI Assistant to generate a record of work that was not performed
• engage in any internal or external spamming, or other similar actions
• decompile, reverse engineer, or try to copy or imitate the service or its underlying content

11The AI Assistant

The assistant is included in your subscription with a monthly allowance of usage. If your organisation exhausts that allowance, the assistant stops until the allowance renews or additional credit is added. The rest of the service is unaffected.

When you use the assistant, your question and the data needed to answer it are sent to our model provider. See the privacy policy. If you would rather that did not happen, do not use it, everything else works without it.

The assistant can be wrong, and what it produces is a draft that goes through the same approval as anything typed by a person. See the disclaimer.

12Complaints

If we receive a complaint about behaviour related to the use of the service, we may investigate it and ask the person complained about to provide their version of events. We reserve the right to, but do not guarantee that we will, suspend or remove an account.

We have no responsibility to resolve disputes between an organisation and its people. If you have an employment related complaint in Australia, contact the Fair Work Ombudsman at fairwork.gov.au.

13Copyright, trademarks and other intellectual property

We own the intellectual property rights in the service, or have permission to use and display the material in it. That does not extend to your data: the hours, clients, projects, tasks and notes your organisation records remain yours.

Permission. You may use the service for your organisation's own business purposes. Reproducing, redistributing or reselling the service or its content without our prior written permission is expressly prohibited.

Infringement. If we believe you have infringed our intellectual property rights, we will contact you and ask you to stop. If you believe there is material in the service that infringes third party intellectual property rights, contact us with enough information to identify the owner. If we form the reasonable belief that there has been an infringement, we will remove the infringing content.

14Security

We make reasonable efforts to maintain the security of the service. However, we do not guarantee the security of the service, our records or your data.

We accept no liability for any computer virus or technological problem arising from your use of the service that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your devices, and to switch on multi-factor authentication in Vuqira.

Continuous availability depends on third party services as well as our own operations. The service may be unavailable from time to time.

15Limitation of liability

We will not be liable to you or any other person in any way for any damages whatsoever arising as a result of your use of the service, subject to the Australian Consumer Law.

Where warranties are implied by law, you acknowledge and agree that our total aggregate liability is limited at our discretion to the supply of the services again, or to a refund equal to the total amount paid by you for those services in the twelve months before the claim, even if that amount is zero.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, nor for loss of profit, revenue, goodwill, anticipated savings, business opportunity, or loss or corruption of data, however caused and whether or not we were advised that such loss was possible.

Any claim must be brought within twelve months of the event giving rise to it. After that period the claim is barred.

This limitation applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of the service.

16Indemnity

You agree to indemnify and hold us harmless against any claims, damages, liabilities, costs, or expenses (including without limitation court costs, arbitration costs and legal fees on a solicitor and own client basis) related to:

• your unauthorised use of the service
• your breach of these terms
• any claim by a person in your organisation arising from how your organisation configured or used the service, or from what your administrators could see
• any claim arising from the accuracy or completeness of the records your organisation recorded in the service, or from any decision made on the basis of them

17Changes to the service and to these terms

We may add to, change, suspend or withdraw the service, or any part or feature of it, at any time and without notice or liability to you. A feature you rely on today may not be part of the service tomorrow, and we do not promise that any particular feature will continue to be offered.

We may change these terms at any time by publishing the updated version on this page, with the date it was updated. Your continued use of the service after that date is your acceptance of the change. If you do not accept a change, your remedy is to stop using the service and close your organisation.

Prices may change. Where a change affects a subscription you are already paying for, it takes effect from your next billing cycle.

18Your data is your responsibility to keep

The service provides an export. Keeping your own copy of anything you would be unable to operate without is your responsibility, not ours. We are not a system of record for your statutory obligations and we do not undertake to retain, restore or reproduce your data for you.

We maintain backups for our own operational purposes. Those backups are not a service offered to you, we do not guarantee that any particular record can be recovered from them, and we are under no obligation to attempt a recovery on your behalf.

19Dispute resolution

If any dispute arises under these terms, you agree to act reasonably and in good faith to try and resolve it. We require you to give us written notice of the dispute.

If the dispute is not resolved within 30 days of us receiving that written notice, it will be finally resolved by commercial arbitration. Either party may make a referral to commercial arbitration by giving written notice to the other.

The arbitration will be conducted in accordance with the rules of the Australian Centre for International Commercial Arbitration, which are deemed to be incorporated by reference into this clause:

• Each party will bear their own costs of the dispute and share equally in the costs of the arbitrator and any required venue, except that the arbitrator may require payment of the prevailing party's reasonable legal fees by the other party.
• The arbitration will be conducted by a single arbitrator independent of the parties and at a fee agreed by the parties.
• The seat of the arbitration will be Sydney, Australia.

20Applicable law

This agreement is governed by the laws of New South Wales, Australia. You agree to be subject to the exclusive jurisdiction of the courts of New South Wales if there is a serious dispute between us.

Use of the service is unauthorised in any jurisdiction that does not give effect to all provisions of these terms, including without limitation this paragraph. If you are resident in a jurisdiction where use of the service is unauthorised, it is your responsibility to stop using it.

21Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or your use of the service.

22Validity

If any part of these terms is determined to be invalid or unenforceable, then that provision will be severed and the remainder of the terms will continue in effect.