EmployClear

Terms of Service

Please read these terms carefully before using EmployClear.

By creating an account or using any part of the EmployClear service, you agree to be bound by these Terms of Service. If you do not agree, do not use the service.

Critical notice: EmployClear provides compliance information and guidance, not legal advice. Nothing in this service creates a solicitor-client relationship. You must not rely solely on EmployClear’s outputs when making employment decisions — always verify with a qualified employment lawyer or the Fair Work Ombudsman for your specific circumstances.

1. Parties and Agreement

These Terms of Service (“Terms”) are a legally binding agreement between you (“you”, “your”, “Client”) and the operator of the EmployClear service (“EmployClear”, “we”, “us”, “our”), a business operating under Australian law.

By clicking “I agree”, creating an account, or using the service, you confirm that:

  • You are at least 18 years old
  • You have authority to bind the business on whose behalf you are acting
  • You have read, understood, and agree to these Terms

2. Definitions

  • “Service” — the EmployClear web application, including compliance health checks, document generation, Q&A, regulatory alerts, and monthly reports accessible at employclear.com.au
  • “Compliance Information” — general information about Australian employment law, Fair Work obligations, and workplace compliance provided through the Service
  • “Generated Documents” — policy templates, checklists, and summaries created by the Service based on your business profile
  • “Business Profile” — the information you provide about your business including industry, Modern Award, employee types, and operational details
  • “Subscription Fee” — the recurring fee paid for access to the Service, currently $99 AUD per month or $890 AUD per year (inclusive of GST)

3. Nature of the Service — Not Legal Advice

3.1 Information Only

EmployClear provides general compliance information and guidance based on publicly available Australian employment legislation, Fair Work instruments, and ATO requirements. The Service is designed to help you understand your obligations, identify potential compliance gaps, and access template documentation.

3.2 Not Legal Advice

The Service does not provide legal advice. Specifically:

  • Nothing produced by the Service constitutes legal advice within the meaning of applicable Australian law
  • No solicitor-client relationship is created between you and EmployClear
  • The Service cannot and does not account for the specific facts, history, or circumstances of your particular situation beyond what you have disclosed in your Business Profile
  • AI-generated outputs may contain errors, omissions, or information that is out of date

3.3 Your Responsibility to Verify

You are solely responsible for:

  • Verifying that any Compliance Information or Generated Documents are accurate and appropriate for your specific circumstances before acting on them
  • Ensuring your Modern Award classification is correct — EmployClear assists with identification but cannot make a definitive legal determination
  • Consulting a qualified employment lawyer, registered industrial officer, or the Fair Work Ombudsman (fairwork.gov.au) for matters requiring legal advice
  • All employment decisions made in connection with or reliance on information provided by the Service

3.4 AI-Generated Content

The Service uses artificial intelligence (specifically, Anthropic’s Claude API) to generate responses, documents, and analysis. AI-generated content may occasionally contain inaccuracies. All outputs include citations to source legislation and authoritative references where applicable. Low-confidence responses are flagged — you should treat these with additional caution and verify independently.

4. Subscription, Billing, and Cancellation

4.1 Subscription Plans

Access to the Service requires a paid subscription. Current plans are:

  • Monthly: $99 AUD per month (inclusive of GST), billed on the same date each month
  • Annual: $890 AUD per year (inclusive of GST), billed annually — equivalent to two months free

4.2 Payment

All payments are processed by Stripe. By subscribing, you authorise Stripe to charge your nominated payment method on a recurring basis. Subscription fees are non-refundable except as required by Australian Consumer Law.

4.3 Cancellation

You may cancel your subscription at any time through the client dashboard or by contacting us. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until that date. We do not offer pro-rata refunds for unused portions of a billing period.

4.4 Price Changes

We may change subscription fees at any time with 30 days written notice to your registered email address. Continuing to use the Service after the effective date constitutes acceptance of the new pricing. If you do not accept the new pricing, you may cancel before the effective date.

4.5 GST

All prices are inclusive of Australian Goods and Services Tax (GST) where applicable. Tax invoices are available through your client dashboard.

5. Your Obligations

5.1 Accurate Information

You must provide accurate and complete information when setting up your Business Profile. The quality of Compliance Information and Generated Documents depends entirely on the accuracy of the information you provide. You are responsible for updating your Business Profile if your circumstances change.

5.2 Acceptable Use

You must not:

  • Use the Service for any unlawful purpose or in violation of any Australian law
  • Attempt to access, extract, or reverse-engineer the Service’s underlying algorithms, prompts, or systems
  • Resell, sublicense, or commercialise access to the Service without our written consent
  • Use the Service to provide compliance advice to third parties as a business
  • Submit false, misleading, or deliberately inaccurate information in your Business Profile
  • Attempt to circumvent or disable any security or quality-control feature of the Service

5.3 Account Security

You are responsible for maintaining the security of your account access. Magic link login emails should not be forwarded to third parties. Notify us immediately if you believe your account has been accessed without authorisation.

6. Limitation of Liability

6.1 Exclusion of Consequential Loss

To the maximum extent permitted by Australian law, EmployClear excludes all liability for:

  • Any penalty, fine, or sanction imposed by the Fair Work Commission, Fair Work Ombudsman, ATO, or any other regulatory body
  • Any wage underpayment claim, back-pay liability, or superannuation shortfall
  • Loss of revenue, loss of profit, or loss of business opportunity
  • Any claim arising from an employee or former employee in connection with their employment
  • Any loss arising from your reliance on AI-generated content without independent verification
  • Indirect, incidental, special, or consequential loss of any kind

6.2 Cap on Liability

To the maximum extent permitted by law, EmployClear’s total aggregate liability to you for any cause of action arising from or related to these Terms or your use of the Service is limited to the total Subscription Fees you paid to EmployClear in the 12 months immediately preceding the event giving rise to the claim.

6.3 Australian Consumer Law

Nothing in these Terms limits or excludes any guarantee, warranty, or remedy that cannot be excluded or modified under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010). Our liability for breach of a consumer guarantee that cannot be excluded is limited (to the extent permitted by law) to the cost of re-supplying the services or paying the cost of having the services supplied again.

6.4 No Warranty

The Service is provided “as is” without warranty of any kind, express or implied. We do not warrant that:

  • The Service will be uninterrupted, error-free, or fully accurate
  • Compliance Information reflects the most current state of the law at the time you access it
  • Generated Documents are legally sufficient for your specific circumstances
  • Use of the Service will result in compliance with applicable employment laws

7. Intellectual Property

7.1 Our IP

All intellectual property in the Service, including software, algorithms, design, and trade marks, belongs to EmployClear or its licensors. You receive a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes during the subscription term.

7.2 Generated Documents

Generated Documents are provided to you for use in your business. You may use, adapt, and implement them for your own internal employment compliance purposes. You may not resell Generated Documents or represent them as independently prepared legal documents.

7.3 Your Data

You retain ownership of the information you input into the Service. By using the Service, you grant us a limited licence to process your data to provide the Service, as described in our Privacy Policy.

8. Regulatory Changes and Currency

Australian employment law changes regularly. While EmployClear monitors Fair Work Ombudsman, ATO, and Safe Work Australia publications and updates its compliance rules accordingly, we cannot guarantee that the Service reflects every regulatory change in real time.

You acknowledge that:

  • There may be a delay between a regulatory change taking effect and that change being reflected in the Service
  • Personalised regulatory alerts are based on automated assessment of your Business Profile and may not capture every change relevant to your circumstances
  • You should independently monitor changes to any Modern Award, legislation, or regulation that applies to your business

9. Termination

9.1 Termination by You

You may terminate your subscription at any time in accordance with clause 4.3.

9.2 Termination by Us

We may suspend or terminate your access to the Service immediately if you breach these Terms, if you fail to pay subscription fees, or if we reasonably believe continued access poses a legal or reputational risk to the Service.

9.3 Effect of Termination

On termination, your access to the Service will cease. We will retain your data in accordance with our Privacy Policy. Generated Documents already downloaded remain available to you.

10. Privacy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at employclear.com.au/privacy-policy/. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

11. General

11.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.

11.2 Dispute Resolution

Before commencing legal proceedings, you agree to contact us at the address below to attempt to resolve the dispute in good faith. If the dispute cannot be resolved within 30 days, either party may pursue their legal remedies.

11.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision is severed and the remaining provisions continue in full force.

11.4 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and EmployClear regarding the Service and supersede all prior agreements or representations.

11.5 Changes to Terms

We may update these Terms at any time. We will notify you by email at least 14 days before material changes take effect. Your continued use of the Service after that date constitutes acceptance. If you do not agree to the changes, you may cancel your subscription before they take effect.

11.6 Waiver

Failure by EmployClear to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.