Terms of Use for the Public Beta

1. Scope and provider

(1) These Terms of Use apply to the use of the cloud services kloq. time, kloq. people, kloq. pay and kloq. mobile ("Service") provided by [FIRMA], [ANSCHRIFT] ("kloq", "we") during the free public beta.

(2) The Service is aimed exclusively at businesses within the meaning of section 14 BGB and section 1 KSchG respectively ("Customer") using it for their commercial or self-employed activity. Consumers are excluded.

(3) Terms of the Customer that deviate from or supplement these terms do not apply unless we expressly agree to them in writing.

2. Description of the Service

(1) kloq offers the following products, each of which can be used individually:

• kloq. time: time tracking (clocking in via web, kiosk and app), working time models, time account, corrections and approvals, absences, rule packs with notices, reports and exports, rostering.
• kloq. people: personnel file and master data, roles and access, joining, changes and leaving, connections to HR systems.
• kloq. pay: pre-capture for payroll (expenses, travel, meal allowance, receipts), pay types, export and handover to the Customer's payroll office or payroll.
• kloq. mobile: an app for the Customer's employees.

(2) The exact scope of functions follows from the product description on the website and the documentation. It may change during the beta.

(3) kloq offers the Service in the countries selectable at registration (currently Austria, Germany, Switzerland [OFFEN – confirm]).

3. Beta nature

(1) The Service is in a public beta phase. It may contain errors, may be incomplete in parts and may change without notice.

(2) We promise no particular availability. Maintenance, disruptions and outages are possible. We endeavour to operate reliably.

(3) Functions may be added, changed or removed. New functions that may touch on the participation of employee representatives are off by default.

(4) We may discontinue the beta or individual products. We announce this with reasonable notice, at least [OFFEN – period, e.g. 60 days] before the discontinuation date, and until then provide the Customer with a way to export its data (section 10). A shorter period applies only if discontinuation is unavoidable for legal or security reasons.

4. Free of charge and planned prices

(1) Use during the public beta is free of charge. No fees are incurred.

(2) On the website we state planned prices (as of this draft: up to 10 people free; kloq. time EUR 3, kloq. people EUR 3 and kloq. pay EUR 2 per person per month; all three products together EUR 6 per person per month). These statements are non-binding and not an offer. They may change.

(3) An obligation to pay arises only with the Customer's express consent. Before the end of the beta we inform the Customer in text form of the intended fee. Without consent there is no billing; the Customer can then terminate the Service and export its data.

5. Registration and account

(1) Use requires an account. When registering, the Customer truthfully states company name, company e-mail address, country of seat, number of people and desired products, and confirms the e-mail address with the code sent.

(2) The registering person confirms being entitled to register for the Customer. They become administrator of the account.

(3) The Customer is responsible for the security of credentials (passkeys, passwords, second factor). It appoints at least two administrators with emergency access. It ensures permissions are granted only to authorised persons and withdrawn on leaving or change of role.

(4) The Customer informs us without delay of any suspected misuse of its account.

6. Customer obligations

(1) Legal basis and responsibility. The Customer is controller under the GDPR for the employee data it processes in kloq. It must ensure it has a legal basis for each activated function (Art. 6 GDPR; in Germany supplemented by national rules, in Austria ArbVG and AVRAG, in Switzerland Art. 328b OR and revDSG) and informs its employees (Art. 13 and 14 GDPR).

(2) Co-determination. The Customer is responsible for securing the participation of employee representatives before introduction. Depending on the country this may in particular mean (general notices, not legal advice):

• Austria: consent of the works council or works agreement under sections 96, 96a, 97 ArbVG; in establishments without a works council, for control measures affecting human dignity, employee consent under section 10 AVRAG.
• Germany: co-determination of the works council under section 87(1) BetrVG (notably nos. 1, 2, 3, 6 and 14).
• Switzerland: information and consultation under the Participation Act and Art. 48 ArG and ArGV; there is no general co-determination right on the introduction of time recording.

kloq provides notices and a confirmation gate during setup; this gate does not block and replaces neither participation nor legal review.

(3) Data processing. With the account the Customer concludes the data processing agreement (DPA) under Art. 28 GDPR (/avv). It is part of these Terms. On conflicts concerning the processing of personal data, the DPA prevails [OFFEN – coordinate].

(4) Accuracy of input. The Customer is responsible for content, accuracy and lawfulness of the data it enters and for settings (working time models, rule packs, pay types, thresholds).

(5) Permitted use. The Customer uses the Service only within the law and these terms. Prohibited in particular: interfering with the security or operation of the Service, circumventing tenant separation or rate limits, automated mass queries outside the public API, overloading the systems and use for covert surveillance of persons.

(6) Important clarification on surveillance. kloq deliberately contains no functions for screen capture, keystroke logging, app or website monitoring or continuous location tracking. The Customer may not use kloq for such purposes.

7. Important clarifications on scope

(1) No legal, tax or payroll advice. kloq is software. The Service and its content (including rule packs, texts, templates and notices) are not legal, tax or payroll advice. The Customer remains obliged to comply with the rules applicable to it itself or with professional advice.

(2) kloq. pay does not calculate wages. kloq. pay is not a payroll system. It does not calculate wages, wage tax or social security contributions and does not report anything to authorities or social security institutions. kloq. pay serves the pre-capture and handover of data to a payroll system. Minimum wage and marginal employment notices are check notices and not a calculation.

(3) Rule values, thresholds and warnings are notices. Rule packs, thresholds (for example on maximum working time, rest periods, breaks, youth or maternity protection), holidays and warnings rely on legal sources that may change and are partly not yet conclusively verified. They are notices and must be professionally verified by the Customer. We give no warranty for completeness, accuracy or currency. Values marked as unverified are not published as binding rule data.

(4) Roster deviations are not sanctions. Notices and warnings in the roster show possible deviations from rules. They are neither sanctions nor decisions. Only the Customer decides on consequences.

(5) Special cases. Posting of workers, cross-border commuters, multiple employment outside the Customer and comparable special cases are only recognised and reported by kloq, not resolved legally.

(6) AI-assisted receipt recognition. If the Customer activates it, receipt recognition delivers suggestions that a person must confirm. Details are in the privacy policy and DPA.

8. Data protection

Processing of personal data is governed by the Privacy Policy and the DPA. For employee data the Customer is controller; we are processor. Sub-processors are listed in the register attached to the DPA.

9. Open-source licence and self-hosting

(1) The core of kloq is open-source software under the GNU Affero General Public License version 3 (AGPL-3.0). Parts in the ee/ directory are commercially licensed [OFFEN – decision ADR-002]. The licence texts in the source repository are authoritative.

(2) These Terms concern the cloud service hosted by us. For self-hosting, the licence terms and, where applicable, separate agreements apply.

10. Backup and export

(1) The Customer is itself responsible for backing up its data to an appropriate extent. We run technical backups for operation, but promise no restoration of individual data sets.

(2) The Service offers export functions. The Customer can export its data at any time during the term. On discontinuation of the beta or termination, we keep the export option available for a reasonable period, at least until the end of the period under section 3(4) or section 14 respectively.

(3) The Customer's statutory retention duties (e.g. for time records and payroll records) remain its responsibility. The Customer ensures it can comply with retention periods outside kloq as well.

11. Availability, support

(1) There is no entitlement to a particular response time or availability.

(2) We provide support where possible and without legal entitlement via [KONTAKT].

12. Suspension

(1) We may suspend an account in whole or in part temporarily if there are concrete indications of a breach of these terms or of law, if the security of the Service or of data is at risk or if this is necessary to avert overload.

(2) We inform the Customer of the suspension and its reason, in advance where possible, and lift it once the reason ceases. Data export remains possible during a suspension unless security or legal reasons prevent it.

13. Liability

(1) We are liable without limit for intent and gross negligence, for injury to life, body or health and under mandatory statutory provisions (in particular product liability law) where mandatory law provides for liability.

(2) For slight negligence we are liable only for breach of essential contractual obligations (cardinal duties), i.e. duties whose fulfilment is what enables proper performance of the contract in the first place and on whose observance the Customer regularly relies. In this case liability is limited to the typically foreseeable damage and, in amount, to [OFFEN – cap].

(3) Otherwise liability for slight negligence is excluded, as far as legally permissible. This applies in particular to lost profit, indirect and consequential damage and damage from data loss insofar as the damage would have been avoidable with proper backup by the Customer.

(4) We assume no liability for the substantive accuracy of rule values, thresholds and notices (section 7) as far as legally permissible; paragraphs 1 and 2 remain unaffected.

(5) Liability under paragraphs 2 to 4 is time-barred after [OFFEN – period].

(6) Mandatory law in Austria, Germany and Switzerland remains unaffected. Where our liability is excluded or limited, this also applies to the personal liability of our bodies, employees and vicarious agents.

(7) The Customer is liable under statutory provisions for damage we suffer from a breach of these terms for which it is responsible. It indemnifies us against third-party claims based on unlawful use of the Service by the Customer, in particular where the Customer had no legal basis for employee data [OFFEN – check admissibility of the indemnity].

14. Term and termination

(1) The contract for use of the beta is concluded for an indefinite period.

(2) The Customer may terminate at any time without notice, generally by deleting the account or notifying [KONTAKT].

(3) We may terminate with [OFFEN – e.g. 30 days] notice or discontinue the beta under section 3(4). The right to terminate for good cause remains unaffected.

(4) After the contract ends we delete the Customer's data under the rules and periods agreed in the DPA, unless statutory duties prevent this.

15. Changes to the Service

We may develop the Service further as long as the change is reasonable for the Customer and essential contractual duties are not undermined. We announce material changes in advance where possible.

16. Assignment

The Customer may assign rights and obligations under this contract only with our prior written consent. We may transfer the contract to an undertaking that continues the Service; we inform the Customer in advance [OFFEN – check].

17. Governing law and jurisdiction

(1) The law of [OFFEN – depends on seat] applies, excluding the UN Sales Convention and conflict-of-law rules. Mandatory provisions of the state where the Customer has its seat remain unaffected.

(2) Exclusive place of jurisdiction, where permissible, is [OFFEN – depends on seat]. We may also sue the Customer at its general place of jurisdiction.

18. Changes to these Terms

(1) We may amend these Terms with effect for the future where objectively necessary (for example change of law, new functions, end of the beta) and reasonable for the Customer.

(2) We notify changes in text form at least [OFFEN – e.g. 30 days] before they take effect and point out the right to terminate. If the Customer does not object within this period and continues to use the Service, the changes are deemed approved, provided we pointed out this consequence in the notification [OFFEN – check admissibility of deemed consent]. Changes creating an obligation to pay never take effect by mere silence (section 4(3)).

19. Final provisions

(1) Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions is unaffected. In place of the invalid provision, a valid provision applies that comes closest to the economic purpose (severability clause). Statutory provisions that take the place of the invalid one remain unaffected.

(2) There are no oral side agreements. Amendments require text form [OFFEN – check].

(3) The German version is authoritative. The English version is for information.

As of: 2026-10-10, version 2026-1-entwurf.