Terms of Service

1. These terms

These Terms of Service ("Terms") are an agreement between you and Quantum CC Pty Ltd (ABN 37 626 515 508), trading as Muster App Co ("Muster", "we", "us", "our"), and govern your access to and use of the Muster website and application (the "Service").

By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of a business, you confirm that you are authorised to bind that business, and "you" means that business.

2. The Service

Muster provides workforce rostering, timesheets, certifications, job costing, purchasing, invoicing and related tools. We may update, improve or change features of the Service from time to time. We may also add, remove or modify integrations with third-party services.

3. Accounts and eligibility

The Service is intended for business use. To use it you must register an account, provide accurate information, and keep it up to date.

You are responsible for maintaining the security of your account and login credentials, for all activity that occurs under your account, and for the acts and omissions of the users you invite. Notify us promptly of any unauthorised use.

4. Your data and your workforce

As between you and us, you retain all ownership of the data you and your users put into the Service, including information about your employees and operations ("Customer Data"). You grant us a non-exclusive licence to host, process and transmit Customer Data solely to provide and support the Service.

You are responsible for having the necessary rights and consents to enter personal information about your workers and others into the Service, for its accuracy, and for meeting your own obligations under applicable privacy and employment laws. Our handling of personal information is described in our Privacy Policy.

5. Acceptable use

You agree not to:

• use the Service in breach of any law or the rights of others;
• attempt to gain unauthorised access to the Service, other customers’ data, or related systems, or interfere with their operation;
• introduce malicious code, or probe, scan or test the vulnerability of the Service without our written permission;
• resell, sublicense or provide the Service to third parties except your own authorised users; or
• upload content you do not have the right to use, or use the Service to store or transmit unlawful material.

6. Subscriptions, fees and billing

Access to paid features requires a subscription. Fees are based on your plan (for example, per administrator seat and per active employee) as set out at sign-up or on our website, and may be billed in advance or in arrears depending on the charge.

You authorise us and our payment provider (Stripe) to charge your nominated payment method for all applicable fees. Unless stated otherwise, fees are exclusive of GST and other taxes, which you are responsible for where they apply.

We may change our fees or introduce new charges by giving you reasonable notice; changes apply from your next billing period. If any amount is overdue, we may suspend access until it is paid.

7. Trials and promotional pricing

We may offer free trials or founding/pilot pricing. Trial and promotional terms are provided when offered, are for the stated period, and may return to standard pricing on reasonable notice. We may require a valid payment method to start a trial.

8. Third-party services

The Service may integrate with third-party services such as Xero, Google and Stripe. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. If a third-party service becomes unavailable or changes, related features of the Service may be affected.

9. Intellectual property

We and our licensors own all intellectual property rights in the Service, including its software, design and content (excluding Customer Data). We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms during your subscription.

If you give us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Service.

10. Confidentiality

Each party may receive confidential information of the other. Each party agrees to protect the other’s confidential information and to use it only as needed to perform under these Terms, except where disclosure is required by law.

11. Availability

We aim to keep the Service available and reliable, but we do not warrant that it will be uninterrupted or error-free. We may perform maintenance, and may suspend the Service where reasonably necessary to protect it, its users or their data.

12. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or other laws that cannot lawfully be excluded. Where our liability for failing to comply with such a guarantee can be limited, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

13. Disclaimers and limitation of liability

To the extent permitted by law and subject to section 12, the Service is provided "as is" and we exclude all implied warranties.

To the extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or data. To the extent permitted by law, our total liability arising out of or in connection with the Service is limited to the fees you paid to us for the Service in the 12 months before the event giving rise to the liability.

14. Indemnity

You agree to indemnify us against claims, losses and costs arising from your Customer Data, your use of the Service in breach of these Terms or the law, or your breach of another person’s rights.

15. Suspension and termination

You may stop using the Service and cancel your subscription at any time; cancellation takes effect at the end of your current billing period.

We may suspend or terminate your access if you materially breach these Terms (including non-payment) and do not remedy it within a reasonable time, or immediately where required to protect the Service or comply with law.

16. Your data on termination

Before your subscription ends you can export your Customer Data using the tools in the Service. After termination we may retain and then delete or de-identify Customer Data in line with our Privacy Policy and our legal obligations.

17. Changes to these terms

We may update these Terms from time to time. We will post the updated version on this page and change the "Last updated" date above. If we make a material change, we will take reasonable steps to notify you. Continuing to use the Service after changes take effect means you accept the updated Terms.

18. Governing law

These Terms are governed by the laws in force in the State or Territory in which Quantum CC Pty Ltd has its principal place of business, and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of that place.

19. Contact us

Questions about these Terms can be sent to support@musterco.com. Privacy questions can be sent to privacy@musterco.com.