Terms of Service

1. About these Terms and us

These are the terms and conditions (Terms) of Clok, a service operated by Martyn Wheatley as a sole trader, of 50 Park Road, Coalville, Leicestershire, LE67 3AD, United Kingdom (we, us, our or Clok).

These Terms govern your use of the Clok service available at getclok.com and any connected mobile and progressive web applications, together with all data we supply with the service and any updates or supplements to it (the Service).

The Service is a tool that helps you record working hours, breaks and leave, and which produces estimated take-home figures based on current UK Income Tax and National Insurance bands. It is not payroll software and does not submit anything to HMRC.

By creating an account, ticking the acceptance box on registration, downloading or using the Service, or continuing to use the Service after we update these Terms, you confirm that you have read, understood and agree to be bound by them. If you do not accept them, you must not use the Service.

2. Definitions and interpretation

In these Terms, the following words have the following meanings:

• Consumer: an individual who uses the Service wholly or mainly outside that individual’s trade, business, craft or profession.
• Clok Pro: the paid subscription features of the Service described in clause 11.
• Member: a user (typically a worker, employee or contractor) who records time, leave or other data within a Workspace.
• Service: has the meaning given in clause 1.2.
• Stripe: Stripe Payments Europe Limited and/or any affiliated Stripe entity which processes payments made through the Service.
• Terms: has the meaning given in clause 1.1.
• UK GDPR: Regulation (EU) 2016/679 as it forms part of the law of England and Wales by virtue of the European Union (Withdrawal) Act 2018, together with the Data Protection Act 2018, and any successor legislation.
• Workspace: the environment within the Service through which working time, leave and related data for one or more users is recorded and managed.
• Workspace Administrator: a person whom a Workspace Owner authorises to manage a Workspace on its behalf.
• Workspace Owner: the individual or organisation that creates or controls a Workspace (typically an employer, agency or other engager of workers).
• you and your: any person who accesses or uses the Service, including any individual user, Workspace Owner, Workspace Administrator and Member; and, where you act on behalf of an organisation, references to you include that organisation, as described in clause 3.

A reference to a person includes an individual, a company, a partnership, an unincorporated association and any other body, whether or not having separate legal personality.

Including, include and similar words do not limit the generality of the preceding words.

Words in the singular include the plural and vice versa.

A reference to legislation is a reference to it as amended, extended or re-enacted from time to time, and includes any subordinate legislation made under it.

A reference to writing or written includes email.

Clause headings are for convenience only and do not affect interpretation.

References to clauses are to clauses of these Terms.

3. Application of these Terms

These Terms apply to everyone who accesses or uses the Service, whether as an individual user, a Workspace Owner, a Workspace Administrator or a Member, and whether or not you have registered an account.

Clause 9 (Workspaces and roles), and the obligations on Workspace Owners as data controller in clause 14 (Privacy and data protection), apply only to Workspace Owners and their Workspaces. All other clauses apply to all users.

The Service may be used both by businesses and by individuals acting as Consumers. Nothing in these Terms excludes or limits any statutory rights you have if you deal with us as a Consumer, and where these Terms would give a Consumer less protection than the law requires, your statutory rights prevail.

4. IMPORTANT: read this first

The Service provides estimated figures based on publicly available UK Income Tax and National Insurance rates, for your personal information only. The figures the Service produces are not payslips, are not produced by a tax adviser or accountant, and must not be relied on to file taxes, calculate liabilities to HMRC, or pay employees. You must always check the figures with your employer’s payroll, an accountant, or HMRC before acting on them.

5. Tax estimates disclaimer and limitation on use

The Service provides general record-keeping functionality and estimated tax and National Insurance figures only. It does not constitute tax advice, accountancy services, payroll processing, financial advice or any other professional or regulated advice. The Service is not a substitute for professional advice. You must always seek advice from a suitably qualified professional, your employer’s payroll, or HMRC if you have any concerns about your tax position, deductions or take-home pay. You must not rely on the Service as a substitute for professional advice, and you must not use it to make financial, tax, payroll or employment decisions.

The Service does not submit any data to HMRC, Companies House or any other authority on your behalf, and does not replace your employer’s official payslip, P60, P45 or any statutory document.

UK tax bands, National Insurance thresholds and other rates may change. While we take reasonable care to keep the rates used in the Service up to date, we do not guarantee that any band, threshold, rate or resulting calculation is current, complete or accurate, and you must verify the numbers before acting on them. You acknowledge that any reliance on the Service is at your own risk and that we are not responsible for any decisions made on the basis of figures or content produced by the Service.

6. The Service – what Clok does and does not do

Clok does:

• record clock-in / clock-out times, manual entries and leave bookings;
• estimate Income Tax and National Insurance deductions using publicly available UK rates;
• produce PDF invoices and CSV exports of your own data; and
• where you (or your workspace owner) have configured a worksite, restrict clock-in to users physically present within the configured radius using HTML5 geolocation.

Clok does not:

• provide tax advice, accountancy services, payroll processing or financial advice;
• submit any data to HMRC, Companies House or any other authority on your behalf;
• guarantee that UK tax bands, National Insurance thresholds or other rates in the Service are current; or
• replace your employer’s official payslip, P60, P45 or any statutory document.

7. App store terms

If you access the Service via the Apple App Store or Google Play Store:

• these Terms are between you and us only, and not with Apple Inc. or Google LLC;
• Apple Inc. and Google LLC are not responsible for the Service, its content, maintenance or support services, and have no obligation to provide any warranty, maintenance or support services in relation to it;
• any claims relating to the Service (including product liability claims, claims that it does not conform with applicable legal or regulatory requirements, or claims arising under consumer protection legislation) must be directed to us and not to Apple Inc. or Google LLC; and
• Apple Inc. and Google LLC are third-party beneficiaries of these Terms and may enforce them against you.

8. Eligibility and using the Service

You must be at least 18 years old and have the legal capacity to enter into a binding contract with us to use and access the Service. If you sign up on behalf of an employer, agency or other organisation, you warrant to us that you have authority to bind that organisation to these Terms.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. You agree to provide accurate registration information and to keep it up to date. You must only use the Service in accordance with applicable laws and these Terms. If you fail to comply, we may suspend or terminate your access.

We may withdraw or change the Service at any time without notice and without liability to you.

Your use of the Service requires an active internet connection and a compatible device. You are responsible for ensuring you have a suitable connection and device, and we are not responsible for any inability to access or use the Service due to connectivity or device issues.

We may from time to time update or modify the Service to improve performance, enhance functionality, reflect changes to operating systems or address security issues. If you do not install updates, you may not be able to continue using the Service.

9. Workspaces and roles

The Workspace Owner is responsible for:

• configuring its Workspace, including any worksite, geofencing or schedule restrictions;
• the acts and omissions of its Workspace Administrators and Members in connection with the Workspace;
• ensuring that its Members are informed of, and where required consent to, the Workspace’s use of the Service (including any geofenced clock-in, location recording or monitoring); and
• complying with all employment, working time, tax and data protection laws applicable to its use of the Service.

Members acknowledge that their Workspace Owner and its Workspace Administrators may view, access, edit, export, audit, retain and delete the time, leave, location and related data recorded by or about them within the Workspace, and may suspend or remove their access to the Workspace.

We provide the Service to Workspace Owners and Members, but we are not a party to, and are not responsible for, the employment, engagement or other relationship between them. Any dispute about working time, pay, attendance or conduct is a matter between the Workspace Owner and the Member, and not with us.

10. Your account

You are responsible for all activity that occurs under your account. You must keep your password confidential, use a unique password (not one you reuse on other services), and treat all identification codes and other security information as confidential. You must notify us at security@getclok.com if you suspect unauthorised access to your account. You must not allow anyone else to access the Service using your login details.

We may suspend or restrict your access to the Service if we reasonably believe that:

• you have breached these Terms; or
• any information you have provided is inaccurate or misleading.

11. Free and paid plans

The core Service is free to use. Some features require an active “Clok Pro” subscription.

New accounts receive a 14-day free trial of Clok Pro features automatically. No payment card is required for the trial. After the trial, Clok Pro features will lock unless you purchase a Clok Pro pass.

The price, duration and features of each Clok Pro pass are as set out on our pricing page at the time of purchase, and may change from time to time. Payments are processed by Stripe and we do not store your full card details. All prices include UK VAT where applicable.

We may change our fees from time to time. Any changes will apply to future purchases and will be notified to you in advance where required. Where a Workspace Owner purchases Clok Pro or other paid features for its Workspace or its Members, the Workspace Owner is responsible for paying the applicable fees and these Terms apply to that purchase. A Member’s access to paid features may end if the Workspace Owner’s subscription or pass ends.

12. Refunds

Your statutory rights are not affected by this clause. How it applies depends on whether you are a Consumer or are using the Service for business purposes.

If you are a Consumer, you normally have a legal right to cancel the purchase of a Clok Pro pass within 14 days. However, a Clok Pro pass is digital content supplied without a tangible medium and therefore by purchasing it you expressly request that we begin supplying it immediately and acknowledge that you will lose your right to cancel once supply begins. Accordingly, once you start using the Clok Pro features you lose that right and the Clok Pro pass is non-refundable, except where it is faulty, not as described, or you are otherwise entitled to a refund under consumer law.

If you use the Service for the purposes of your trade, business, craft or profession (including as a Workspace Owner), you have no right to cancel a Clok Pro pass once purchased, and Clok Pro passes are non-refundable, except where required by law or where we are at fault.

If you believe you have been charged in error, please email billing@getclok.com within 14 days and we will review your case.

13. Location data and geofencing

Where your Workspace has enabled geofenced clock-in, the Service will ask your browser for your current location using HTML5 geolocation. We use this location only to verify that you are inside the worksite radius at the moment of clock-in. We store the latitude, longitude and distance from the worksite alongside the time entry so that Workspace Owner and its Workspace Administrators can audit attendance. Please see our privacy and cookie policy for full details, including how long we retain this data.

Your browser will always ask for permission before sending coordinates. If you do not consent to sharing your location, you should not use the Service inside a geofenced Workspace. Your Workspace Owner is responsible for advising you of any policy that requires geofenced clock-in.

Location data recorded at clock-in is visible to the Workspace Owner and its Workspace Administrators for attendance and audit purposes.

14. Privacy and data protection

We may collect and process personal data in order to provide and improve the Service, including information you choose to provide and technical data relating to your use of the Service. You must read our privacy and cookie policy to understand how we handle your personal data. You should be aware that transmission of information over the internet is never completely private or secure, and that any information you send using the Service may be read or intercepted by others, even where a particular transmission is encrypted.

Where you use the Service as an individual for your own personal use, we are the controller of your personal data, as described in our privacy and cookie policy.

Where a Workspace Owner uses the Service to record or manage personal data about its Members (including time, leave and location data), the Workspace Owner is the controller of that Member data and we act as its processor. We remain the controller of the limited personal data we process for our own purposes, such as account administration, billing and security.

Where we act as processor for a Workspace Owner, we will:

• process the relevant personal data only on the Workspace Owner’s documented instructions (of which these Terms form part) unless required by law to do otherwise;
• ensure that persons authorised to process the data are subject to a duty of confidence;
• implement appropriate technical and organisational security measures;
• engage sub-processors only on terms materially consistent with this clause and remain responsible for them;
• taking into account the nature of the processing, assist the Workspace Owner with data subject requests and with its security, breach-notification and data protection impact assessment obligations; and
• at the Workspace Owner’s choice, delete or return the relevant personal data at the end of the provision of the Service, save to the extent we are required by law to retain it.

As controller of its Member data, the Workspace Owner is responsible for establishing a lawful basis for processing that data (including any location data and any monitoring of workers), for carrying out any data protection impact assessment required, for providing its Members with the privacy information required by data protection law, and for handling requests from Members to exercise their data protection rights. We will refer any such request that we receive directly from a Member to the relevant Workspace Owner.

15. Intellectual property rights

Intellectual property rights mean the rights granted to those who create anything, whether in trade marks, text, content, typographical arrangements, designs, photographs, graphics, layouts, software or anything else.

The Clok name, logo, software, design and documentation, and all content made available through the Service (save for data and content you provide), are owned by or licensed to us, and are protected by copyright, trade mark and other intellectual property laws around the world. All such rights are reserved.

You retain ownership of the time, leave and related data you enter into the Service. You grant us a limited licence to host, process and back up that data solely so that we can provide the Service to you.

You may print off one copy, and download extracts, of content made available within the Service for your personal use only. You must not modify any copies, nor use any part of the content for commercial purposes without a licence from us or our licensors. Our status as the creators of the Service must always be acknowledged (except in respect of data and content you provide).

If you copy, download, share or repost any part of the Service in breach of these Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies you have made.

16. Licence restrictions

By entering into these Terms and using the Service, you agree that you will:

• not rent, lease, sub-license, loan, resell, provide or otherwise make available the Service in any form, in whole or in part, to any person without our prior written consent;
• not copy the Service, except as part of its normal use or where necessary for back-up or operational security;
• not translate, merge, adapt, vary, alter or modify the whole or any part of the Service, nor permit it to be combined with or incorporated in any other programs, except as necessary to use the Service as permitted in these Terms; and
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service, nor attempt to do so.

17. Acceptable use and computer misuse

You agree that you must not:

• use the Service to record hours that you have not actually worked, or otherwise to defraud an employer, client or HMRC;
• attempt to bypass the geofencing or schedule restrictions configured for your workspace;
• use the Service to harass, defame or violate the rights of any person;
• use the Service in any manner which is illegal, unlawful, or in breach of these Terms;
• act fraudulently or maliciously, such as by hacking the Service or introducing malicious code, viruses or harmful data into the Service;
• use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; or
• collect or harvest any information or data from the Service or our systems, or attempt to decipher any transmissions to or from the servers running the Service.

You must not conduct, facilitate, authorise or permit any text and data mining or web scraping in relation to the Service, including the use of any “robot”, “bot”, “spider”, “scraper” or other automated device or methodology to access, copy, monitor or republish any part of the Service. This is an express reservation of our rights, including for the purposes of Article 4(3) of the Digital Single Market Directive ((EU) 2019/790). This clause does not apply to the extent that we are unable to exclude or limit such activity by contract under applicable law.

We may suspend or terminate your account immediately if we believe in good faith that you have breached this section.

18. Legal responsibility

The Service is provided to you “as is” and “as available” and without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including any implied warranties of merchantability, accuracy, results of use, reliability, fitness for a particular purpose, title and non-infringement.

In particular, we do not warrant that your use of the Service will be uninterrupted or error-free, or that any tax, National Insurance, pension or other calculation is correct or current. We are not liable for any downtime or where the Service is unavailable to you.

We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of goodwill, or for any indirect or consequential loss arising out of or in connection with these Terms, including any loss arising from any inaccurate tax, National Insurance or pension figure produced by the Service.

Nothing in these Terms seeks to limit or exclude our liability for:

• death or personal injury caused by our negligence (including that of our employees, agents or subcontractors);
• fraud or fraudulent misrepresentation; or
• any other matter in respect of which liability cannot be excluded or restricted under English law.

Subject to the clause above, our total aggregate liability to you for all losses arising out of or in connection with your use of the Service in any 12-month period, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of (i) £100 and (ii) the total fees you actually paid us in that period.

19. Termination

We reserve the right to suspend or terminate your access to the Service immediately and without notice if you commit a material breach of these Terms. We may also suspend or discontinue the Service (in whole or in part) at any time.

On termination for any reason, all rights and licences granted to you under these Terms will stop immediately and you must stop using the Service.

20. Force majeure

Where an event outside our control occurs, this is a force majeure event and includes, but is not limited to, storm, fire, earthquake, an act of God, a natural disaster, a failure of electricity or power supplies, epidemic, pandemic, government rules, regulations or guidance, or a failure of a third-party supplier (including our payment or hosting providers) to perform its obligations.

Where a force majeure event occurs, we are excused from performance under these Terms and will not be liable to you for any failure or delay in performing our obligations. We will use reasonable efforts to resume performance as soon as reasonably practicable after the event has ended.

21. General

• Links from the Service. Any links from the Service to other websites are for information only. We do not control them and do not accept responsibility for other websites, any materials found on them, or any loss you suffer from using them.
• Notices. All notices under these Terms shall be in writing and served by email. We will use the email address associated with your account, and you can contact us at privacy@getclok.com. Delivery by email will be regarded as completed at the time of transmission. This does not apply to the service of documents in legal proceedings, which cannot be served by email.
• Changes to these Terms. We may update these Terms from time to time. When we do, we will update the version number at the top of this document and ask you to re-accept the Terms the next time you sign in. Material changes will also be notified to you by email or via an in-app banner. Your continued use of the Service following notification will constitute acceptance of the updated Terms.
• No waiver. No failure or delay by us in exercising any of our rights under these Terms shall be a waiver of that right, and no waiver by us of a breach of any provision shall be a waiver of any subsequent breach of the same or any other provision.
• Severance. If one or more provisions of these Terms is found to be unlawful, invalid or otherwise unenforceable, that provision shall be deemed severed from the remainder, which shall remain valid and enforceable.
• Entire agreement. These Terms and any document specifically referred to in them contain the entire agreement between us and you with respect to their subject matter, and supersede any previous agreements, representations, warranties, promises, assurances and understandings between us relating to that subject matter.
• Third party rights. Save as expressly stated (including the app store provisions above), these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
• Applicable law and jurisdiction. These Terms, and any dispute arising out of or in connection with them or the relationship between you and us (whether contractual or otherwise), are governed by and construed in accordance with the law of England and Wales. You and we agree that the courts of England and Wales have exclusive jurisdiction, except that, as a Consumer, you will benefit from any mandatory provisions of the law of your country of residence, and if you are a Consumer resident elsewhere in the UK you may also bring proceedings in your local courts.
• Contacting us. If you need to contact us for any reason, please email us at privacy@getclok.com, or write to Martyn Wheatley at 50 Park Road, Coalville, Leicestershire, LE67 3AD, United Kingdom.