1. Introduction
Welcome to Clock-Me ("Service," "App," "Platform"), owned and operated by A & C Service Group ("Company," "we," "us," or "our"). By creating an account, downloading the App, or accessing our Service, you agree to be bound by these Terms of Use ("Terms"). If you do not agree, you must discontinue use immediately.
2. Age Requirement
You must be at least 16 years of age to use this Service. By using Clock-Me, you represent and warrant that you meet this age requirement.
3. Data Collection & Privacy
Your privacy is critical to us. Please review our Privacy Policy to understand how we handle your data.
- Location Data: The App captures GPS location at the moment of "Punch In" or "Punch Out" to verify attendance. Additionally, while you are punched in and the app is open (foreground), periodic location "heartbeats" may be collected to verify continued presence at the work location.
- Meal & Rest Break Tracking: The App tracks meal break and rest break times to ensure compliance with labor laws, particularly for California locations.
- Timecard Attestation: When you sign your weekly timesheet, your attestation and digital signature are recorded for audit purposes.
- Photos: We do not collect, store, or process facial recognition data or employee photos.
4. Permitted Use
We grant you a limited, non-exclusive, non-transferable, and revocable license to use Clock-Me for internal business purposes.
- Time Tracking: Users may use the App to record start times, end times, meal breaks, and rest breaks.
- Snapshot Verification: Users consent to the App accessing their device's GPS during punches and while punched in (foreground only).
- Reporting: Admins may generate and export timesheets for payroll processing.
- Timecard Attestation: Users must attest to the accuracy of their timecards when submitting weekly approvals.
5. Timecard Attestation
When submitting your weekly timesheet for approval, you are required to certify the accuracy of your time records by accepting the following attestation:
"I certify that this timecard is complete and accurate. I confirm that I have recorded all hours worked and that I have not performed any work before my scheduled start time, after clocking out, or while off the clock during meal or rest breaks. I also confirm that all meal periods and rest breaks have been accurately recorded and provided in accordance with company policy and applicable law. I have not worked any unrecorded or 'off-the-clock' time."
By signing your timecard, you acknowledge that:
- All hours worked have been accurately recorded
- No off-the-clock work was performed
- All meal periods were provided and recorded accurately
- All rest breaks were provided and recorded accurately
- You have not performed work during unpaid meal breaks
- Falsification of time records may result in disciplinary action
6. California Compliance
California Employees: Additional terms apply to employees working at California locations.
6.1 Meal Breaks
- Employees working more than 5 hours are entitled to an uninterrupted 30-minute unpaid meal break.
- Employees working more than 10 hours are entitled to a second 30-minute meal break.
- You must accurately record all meal breaks using the App's meal break feature.
- Failure to take required meal breaks may result in penalty pay to the employee.
6.2 Meal Break Waivers
- If your shift will be 6 hours or less, you may voluntarily waive your meal break.
- Waivers must be signed digitally through the App before or during your shift.
- You may revoke a waiver at any time by taking a meal break.
- If you punch out without taking a meal break and have not signed a waiver, you will be prompted to sign one for compliance purposes.
6.3 Rest Breaks
- Employees are entitled to a paid 10-minute rest break for every 4 hours worked (or major fraction thereof).
- Rest breaks should be taken in the middle of each work period when practicable.
- You must record rest breaks using the App's rest break feature.
- Missed rest breaks may result in penalty pay to the employee.
6.4 Overtime
- Daily overtime: 1.5x pay for hours worked beyond 8 hours in a day.
- Daily double-time: 2x pay for hours worked beyond 12 hours in a day.
- 7th consecutive day: Special overtime rules apply for the 7th consecutive day of work.
- Split shift premium: Additional pay may be required for shifts with unpaid gaps exceeding 1 hour.
7. Prohibited Conduct
To maintain the security and integrity of Clock-Me, you strictly agree NOT to:
- Location Spoofing: You may not use VPNs, mock location apps, or other methods to falsify the GPS snapshot when clocking in.
- "Buddy Punching": You may not clock in or out on behalf of another individual.
- False Attestation: You may not falsely certify the accuracy of your timecard.
- Break Manipulation: You may not claim meal or rest breaks that were not actually taken.
- Off-the-Clock Work: You may not perform work while punched out or during unpaid breaks without recording the time.
- Reverse Engineering: You may not decompile, disassemble, or attempt to derive the source code of the App.
- Automated Access: You may not use bots, scrapers, or scripts to access the Service.
- Reselling: You may not sub-license or sell access to Clock-Me without our written consent.
8. Compliance Monitoring
The App monitors compliance with labor laws and company policies, including:
- Meal break timing and duration
- Rest break frequency and duration
- Daily and weekly overtime calculations
- Device sharing patterns (fraud detection)
- Geofence compliance
Violations are recorded and reported to your employer for review and potential action.
9. Disclaimer of Warranties ("AS IS")
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. A & C Service Group strictly disclaims any warranties regarding:
- Uptime: We do not guarantee the App will function without interruption or errors.
- GPS Accuracy: We do not guarantee that GPS snapshots will be 100% accurate at all times due to device or network limitations.
- Compliance Calculations: While we strive for accuracy in overtime and penalty calculations, employers are responsible for final payroll verification.
10. Limitation of Liability
To the maximum extent permitted by law, A & C Service Group shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, payroll penalties, compliance fines, or data loss, resulting from your use of or inability to use the Service.
11. Governing Law
These Terms shall be governed by the laws of the State of New Jersey, United States, without regard to its conflict of law provisions. For employees working in California, California labor law provisions apply to employment-related matters.
12. Changes to Terms
We may update these Terms from time to time. Significant changes will be communicated through the app or via email. Continued use of Clock-Me after changes constitutes acceptance of the updated Terms.
13. Contact Us