Terms of service

1. The agreement

These terms are an agreement between AiTearoa (“Workhr”, “we”) and the organisation that opens a Workhr account (the “customer”). If a signed order form or subscription agreement exists between us, it prevails over these terms where they differ. By using Workhr you accept these terms.

2. The service

Workhr is a workforce management platform: recruitment, rostering and attendance, timesheets, pay and billing, portals for workers and clients, and AI-assisted features. We host it, maintain it, and update it continuously; features may evolve, and we won’t materially reduce the core service you’re paying for during a subscription period.

3. Accounts and users

• The customer controls who gets access — staff, workers and client contacts — and is responsible for keeping accounts current and removing people who leave.
• Credentials are personal. Shared logins and credential passing are not permitted.
• Worker and client portal users access Workhr under the customer’s authority and these terms apply to their use too.

4. Your data

• The customer owns its data. Candidate records, timesheets, documents, pay data — it’s yours. We claim no rights over it beyond what’s needed to run the service.
• You can export your data at any time, and on termination we’ll make it available for export before deletion.
• Pay and employment records are kept for seven years. Where you use Workhr for timesheets, pay or payroll, the records that go with them — wage and time records, pay runs, payslips, leave records and employee tax details — are retained for seven years, regardless of any shorter retention setting you configure and regardless of whether the worker is still with you. That period comes from the Tax Administration Act 1994 (s 22), the Employment Relations Act 2000 (s 130), the Holidays Act 2003 (s 81) and, for Australian work, the Fair Work Act 2009 (s 535). Keeping them is your legal obligation as the employer; the platform is built so that a retention setting cannot delete them out from under you.
• You are responsible for having a lawful basis for the personal information you put into Workhr (for example, telling workers about GPS capture at clock-in, which the app also discloses to them directly).
• Telling people you collected information about them from somewhere else is your duty, not ours. Where you use the sourcing tools, you are collecting personal information about people from a third-party index rather than from the people themselves. Information privacy principle 3A of the Privacy Act 2020 — in force since 1 May 2026 — requires the collecting agency to take reasonable steps to make those people aware of the collection, its purpose, who holds it and their rights of access and correction, as soon as reasonably practicable. In that collection you are the agency; Workhr is the tool. If you rely on one of the exceptions in principle 3A(4), you must hold that belief on reasonable grounds, and we recommend you record which one and why.
• Your own automated-decision disclosure. From 10 December 2026, Australian Privacy Principles 1.7 to 1.9 require an entity’s privacy policy to say what kinds of personal information its automated systems use and what kinds of decisions they make or substantially help make. Where those obligations apply to you, they apply to you — not to us. Workhr publishes the register of every automated feature it runs, on the privacy policy and in your settings, written so you can copy it into your own policy.
• Our handling of personal information is described in the privacy policy, which forms part of these terms.

5. Acceptable use

• No unlawful use, including breaches of employment, privacy or immigration law.
• No attempting to access another organisation’s data or probe our security.
• No reselling or white-labelling the service without a written agreement.
• No bulk-scraping or using the platform to build a competing product. Fair-use limits apply to APIs and AI features; we’ll warn before enforcing them.

6. AI features

Workhr includes AI features — summaries, drafting, matching suggestions, alerts and an in-app assistant. AI output can be wrong. It is decision support: the customer remains responsible for decisions with legal or financial effect (hiring, pay, compliance) and should review AI output before acting on it. AI features only operate on your own organisation’s data, and our AI providers do not train on it.

6a. Selection, shortlisting and discrimination

Section 22(2) of the Human Rights Act 1993 makes it unlawful for anyone procuring employment for others, or employees for an employer, to treat a person seeking employment differently from others in the same or substantially similar circumstances by reason of a prohibited ground. Using our search, matching or sourcing features does not move that duty: you remain the party procuring employment, and the liability is yours. We build the tools to make it harder to breach — the models that rank or shortlist people are not given names, photographs, dates of birth, schools, right-to-work status or how long it has been since somebody last worked, and are instructed not to reason about age, sex, ethnicity, nationality, health, disability, family situation or an employment gap. You must not use a free-text brief, a saved search or any other field to select on a prohibited ground, or on something you are using as a stand-in for one.

7. Integrations

Connecting third-party services (for example Xero, JobAdder, Astute Payroll, or calendar providers) is optional and governed by those providers’ own terms. We move data to and from them on your instructions and aren’t responsible for their availability or conduct.

8. Fees

Fees, billing frequency and any trial terms are set out in your order form or subscription plan. Fees are exclusive of GST unless stated. We may change pricing with at least 30 days’ notice, effective from your next billing period.

9. Availability and support

We run Workhr on redundant infrastructure in Sydney and aim for high availability, but the service is provided without a guaranteed uptime level unless one is agreed in writing. We do planned maintenance outside NZ/AU business hours where practical, and we provide support through in-app and email channels.

10. Liability

• To the maximum extent the law allows, our total liability under this agreement is capped at the fees the customer paid in the 12 months before the event, and neither party is liable for indirect or consequential loss.
• Nothing in these terms limits liability that cannot lawfully be limited. Where the customer acquires the service for business purposes, the parties agree the NZ Consumer Guarantees Act 1993 does not apply.
• Workhr produces records that support payroll and compliance, but the customer remains the employer (or agency) of record and responsible for meeting its own legal obligations to workers and clients.

11. Suspension and termination

• Either party may terminate at the end of a billing period with notice per the order form; either may terminate immediately for material breach that isn’t remedied within 14 days of notice.
• We may suspend access immediately where necessary to protect the platform or other customers (for example a security incident or serious acceptable-use breach), and will tell you why.
• After termination we make your data available for export for 30 days, then delete it from production systems, with backups aging out on a fixed schedule. Pay and employment records are the exception: where you have used Workhr for timesheets, pay or payroll, we retain those records for the seven-year statutory period described in clause 4 rather than deleting them at the end of the export window, and will produce them to you, or to a regulator entitled to them, on request during that period. Exporting them yourself before you leave remains the sensible course — the obligation to hold them is yours.

12. General

These terms are governed by New Zealand law and the New Zealand courts have exclusive jurisdiction. Neither party is liable for failures caused by events beyond reasonable control. If part of these terms is unenforceable, the rest stands. We may update these terms; material changes will be notified to account administrators by email at least 30 days before they take effect.