Rostera User Terms and Conditions

1. About these terms

1.1. These terms and conditions (Terms) apply to your access to and use of the Rostera mobile application and website (App) provided by OneOtium Pty Ltd (ACN 699 521 278) (ABN 37 699 521 278) (Rostera, we, us or our).

1.2. By downloading, accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.

1.3. These Terms should be read together with our Privacy Policy, and, where relevant, the terms of the App Store through which you downloaded the App - see clause 13.

1.4. These Terms are an agreement between you and us only.

2. Definitions

In these Terms, unless the context otherwise requires:

"App" means the Rostera mobile application and the Rostera website at rosteraapp.com, and any related functionality made available by Rostera to Users.

"App Store" means the Apple App Store or Google Play, as applicable, through which you download or access the App or purchase a Subscription.

"Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

"Crew" means a group created within the App through which Users share Shift Times with one another.

"Crew Creator" means the User who creates a Crew.

"Estimate" means any estimated pay, superannuation, earnings or other figure or output generated by the App from information you enter, including any output of the shift estimator feature described in clause 6.

"Non-Excludable Rights" has the meaning given in clause 17.1.

"Personal Information" has the meaning given in the Privacy Act 1988 (Cth).

"Privacy Policy" means our privacy policy, as updated from time to time, which forms part of these Terms.

"Rostera, we, us, our" means OneOtium Pty Ltd (ACN 699 521 278).

"Shift Times" means the dates, times, durations and shift labels you record in the App.

"Subscription" means a paid subscription to the App purchased through an App Store.

"Terms" means these Rostera user terms and conditions, as updated from time to time.

"Uploaded Documents" means any document, image or file you upload to the App, including certificates, qualifications, registrations, tickets and payslips.

"User, you, your" means a person who downloads, accesses or uses the App.

"User Account" means an account created by a User to access the App.

"User Content" means any content, information or material submitted by a User to the App, including Shift Times, pay inputs, logbook entries, journal entries and Uploaded Documents.

3. Eligibility and account registration

3.1. You must create a User Account before you can access or use the App.

3.2. You must be at least 18 years old to create a User Account or to use the App. By creating a User Account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.

3.3. We ask you to confirm that you meet the minimum age requirement when you register. This is a declaration made by you, and not an independently verified age or identity check. You must provide truthful and accurate information about your age and must not attempt to circumvent this requirement. If we become aware that a person under 18 holds a User Account, we may suspend or close that User Account.

3.4. You must provide accurate and truthful information when creating your User Account, and must keep that information current.

3.5. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your User Account, other than activity caused by our breach of these Terms or our negligence. You must notify us promptly at info@rostera.com.au if you become aware of any unauthorised use of your User Account.

3.6. You are responsible for ensuring your device and mobile plan are compatible with, and able to support, your use of the App, and for any data, roaming or other charges you incur through downloading or using the App.

3.7. You may delete your User Account at any time using the account deletion function within the App. Deleting your User Account does not automatically cancel your Subscription. You must cancel your Subscription separately through your App Store account - see clause 11.6.

3.8. The App is intended for use in Australia. We make no representation that the App is appropriate or available for use outside Australia.

4. Nature of the App and our role

4.1. The App is a personal organisation and record keeping tool for shift workers. It allows you to record your rosters and Shift Times, generate Estimates of your pay and superannuation, maintain a logbook of professional development hours and credentials, share Shift Times with a Crew, and keep a private journal. Rostera's role is limited to providing this functionality.

4.2. The App does not provide financial, taxation, industrial, employment, migration or legal advice, and must not be relied on as a substitute for advice from a qualified adviser.

4.3. We are independent. We are not affiliated with, sponsored by, endorsed by, or acting on behalf of any employer, union, industrial organisation, professional association, registration body, superannuation fund or government agency.

4.4. The App does not connect to, and does not receive data from, any employer, payroll system, award, enterprise agreement, superannuation fund, professional register or government agency. All information in the App is information you enter or upload yourself.

4.5. We do not verify, validate, check or authenticate any User Content, including any Uploaded Document, and we do not check User Content against any external register.

4.6. Rostera is not a party to, and has no involvement in, any relationship or dispute between you and your employer, your union, your professional body or any regulator.

5. Use of the App and licence

5.1. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable and revocable licence to download and use the App on a compatible device for your own personal and professional record keeping purposes.

5.2. You must not:

• (a) copy, modify, reverse engineer or create any derivative work of the App, except to the extent this restriction is prohibited by law;
• (b) use the App for any unlawful, fraudulent or harmful purpose;
• (c) attempt to gain unauthorised access to the App, our systems, or any other User's User Account;
• (d) use any bot, scraper or other automated means to access or interact with the App;
• (e) use the App, or any content within it, to develop, train or improve any machine learning model or artificial intelligence system;
• (f) interfere with, or disrupt the operation of, the App or its underlying infrastructure;
• (g) submit false, misleading or fraudulent information;
• (h) upload or transmit any content that is unlawful, defamatory, offensive, infringing, or that contains any virus or malicious code;
• (i) upload or record the Personal Information of any other individual without that person's consent;
• (j) share your User Account with, or permit its use by, any other person; or
• (k) resell, sublicense, rent or otherwise commercialise the App or any part of it.

6. Estimates, calculations and automated features

6.1. The App calculates Estimates of your gross pay and superannuation using only the rates, penalties, loadings, allowances and shift details that you enter yourself.

6.2. The App also includes a shift estimator feature which allows you to ask questions about the estimated effect of working additional or different shifts. This feature uses automated processing, including artificial intelligence services supplied by a third party.

6.3. You acknowledge and agree that:

• (a) every Estimate is a guide only, and is not a guarantee or representation of what you will actually be paid or receive;
• (b) the accuracy of an Estimate depends entirely on the accuracy and completeness of the information you enter;
• (c) an Estimate generated by the shift estimator feature is produced by automated processing, is not reviewed by a person before it is given to you, and may be inaccurate, incomplete or out of date;
• (d) no Estimate constitutes financial, taxation, employment or industrial advice; and
• (e) you must independently verify any Estimate before relying on it or acting on it.

6.4. We do not represent or warrant that any output of the shift estimator feature is unique, complete, accurate or suitable for any particular purpose. The same or a similar question may produce a different output on a different occasion.

6.5. You must not rely on any output of the shift estimator feature in making an urgent employment, financial or legal decision.

6.6. The shift estimator feature may be subject to usage limits, and we may change, suspend or withdraw it at any time.

6.7. Your questions to the shift estimator feature, and the outputs generated in response, may be processed by third party service providers. See our Privacy Policy for details of how that information is handled.

6.8. The shift estimator feature is the only feature of the App that uses artificial intelligence. We do not send your Uploaded Documents, journal entries or credential records to that feature or to any other artificial intelligence service.

6.9. Your actual pay and superannuation entitlements are determined by your employer, your applicable award or enterprise agreement, and applicable law. You should always check your official payslip and superannuation statements, and raise any concern about your pay with your employer, your union or a qualified adviser.

6.10. The professional development, credential and registration features of the App are personal record keeping tools. It remains your sole responsibility to meet your own registration, continuing professional development and compliance obligations, and the App is not a substitute for the official records held by your professional body, employer or regulator.

7. Crews and shift sharing

7.1. The App includes a Crew function which allows you to share your Shift Times with other Users.

7.2. A Crew is created by a Crew Creator, who may invite other people to join by sending them a link or code. Any person who holds that link or code and has a User Account may join the Crew.

7.3. A Crew link or code operates as an access credential. It is not tied to a particular person, and anyone who obtains it can join the Crew and see the Shift Times shared in it.

7.4. You must treat a Crew link or code as confidential, and must not publish it or share it with anyone you do not intend to give access to.

7.5. If you believe a Crew link or code has been shared beyond the people you intended, you should ask the Crew Creator to delete the Crew. You may also contact us at info@rostera.com.au, and we may disable a Crew link or code that we reasonably believe has been compromised.

7.6. Users who are members of a Crew can see the Shift Times of other members of that Crew, and those other members can see theirs.

7.7. Only Shift Times are shared through a Crew. Your pay inputs, Estimates, logbook entries, credential records, Uploaded Documents and journal entries are not shared through a Crew.

7.8. You are responsible for:

• (a) deciding what information you record as Shift Times, including any label or description you attach to a shift; and
• (b) deciding who you give a Crew link or code to.

7.9. You should not record confidential or sensitive information, or information about any other identifiable person, in a shift label.

7.10. You may leave a Crew at any time using the Crew settings in the App. You do not need the Crew Creator's agreement to do so, and you do not need to wait for the Crew to be deleted.

7.11. The Crew Creator may delete a Crew at any time, which removes it for every member.

7.12. If you want to stop sharing your Shift Times through a Crew, you may leave the Crew, remove or amend the relevant Shift Times, or delete your User Account.

7.13. Leaving a Crew stops your Shift Times being shared with the other members of that Crew from that point, and removes them from the Crew view in those members' accounts.

7.14. Deleting a Crew, or deleting your User Account, stops your Shift Times being shared through the App from that point.

7.15. It does not recall or delete any copy, record or screenshot that another member has already taken outside the App, and we cannot do so.

7.16. Another member of a Crew receives your Shift Times in their own right. That member is not our service provider, does not receive your Shift Times on our behalf, and is responsible for their own handling of that information.

7.17. Subject to your Non-Excludable Rights, and except to the extent that a loss is caused by our breach of these Terms, our negligence, or a failure of the security measures we are responsible for, we are not responsible for how any other User uses, copies, records or discloses information shared through a Crew. Nothing in this clause limits our obligations under our Privacy Policy.

8. Journal

8.1. The App includes a private journal in which you may record notes about your shifts. Journal entries are visible only to you and are not shared with any other User.

8.2. The journal is not a health record and is not designed to hold health information. You must not record in the journal:

• (a) health information about yourself or any other person;
• (b) any other sensitive information within the meaning of the Privacy Act 1988 (Cth); or
• (c) information about any other identifiable person, including any patient, client, colleague or customer.

8.3. We do not monitor or review journal entries. You are responsible for ensuring that your use of the journal complies with any confidentiality, privacy or professional obligation you owe to your employer, your professional body or any other person.

9. Documents you upload

9.1. The App allows you to upload Uploaded Documents to support your records.

9.2. You are responsible for what you upload. Before uploading a document you should remove or redact any information that is not needed for your own record keeping, including:

• (a) your tax file number;
• (b) your bank account and payment details; and
• (c) the Personal Information of any other individual.

9.3. You must not upload any document that you are not entitled to hold or copy, or that is confidential to your employer or any other person, unless you are permitted to do so.

9.4. Uploaded Documents are collected, held, used and disclosed in accordance with our Privacy Policy. Where an Uploaded Document contains sensitive information, we handle it in accordance with the Australian Privacy Principles.

9.5. You should keep your own copies of any document that is important to you. The App is a convenience tool and is not a document archive, and we do not guarantee the indefinite retention or recoverability of any Uploaded Document.

10. User Content and feedback

10.1. You retain ownership of your User Content.

10.2. You grant Rostera a non-exclusive, royalty-free, worldwide licence, sublicensable only to our hosting and service providers, to host, store, reproduce, transmit and display your User Content for the purpose of operating and providing the App to you.

10.3. The licence in clause 10.2 ends when you delete the relevant User Content or delete your User Account, except to the extent that we are required by law to retain it, or that it has already been shared with a Crew.

10.4. You warrant that your User Content does not infringe the rights of any person and that you hold all rights and permissions necessary for any material included in it.

10.5. If you provide us with any feedback, suggestion or idea about the App, we may use it without restriction and without any obligation to you.

11. Subscriptions, fees and billing

11.1. Access to the App is offered on a subscription basis. Current pricing for the available plans is shown in the App and in the applicable App Store listing.

11.2. New Users may be offered a free trial period. Unless we say otherwise:

• (a) only one free trial is available per person;
• (b) eligibility for a free trial is determined by the App Store; and
• (c) if you do not cancel at least 24 hours before the end of the free trial, your paid Subscription will begin automatically and payment will be charged to your App Store account.

11.3. We may from time to time offer promotional codes, introductory pricing or other offers. Any such offer is subject to any additional terms we notify at the time, is not transferable, has no cash value, and may be varied or withdrawn at any time before it is redeemed.

11.4. Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before the end of the current period. Your App Store account will be charged for the renewal within 24 hours before the end of the current period.

11.5. Subscriptions are sold and billed by the App Store as merchant of record. Billing, renewals and cancellations are managed through your App Store account and are subject to that App Store's terms. We do not receive or store your payment card details.

11.6. You may manage or cancel your Subscription at any time through your App Store account settings, which you can reach from within the App. Cancellation takes effect at the end of your current billing period and you will retain access until then.

11.7. Refunds for Subscriptions purchased through an App Store are handled by that App Store in accordance with its refund policy. You may request a refund directly from the App Store. This clause does not limit your Non-Excludable Rights.

11.8. We may change our Subscription pricing from time to time. We will give you at least 30 days notice before a price change affects you, by in-App notice or by email.

11.9. A price change will not apply to a billing period you have already paid for, and you may cancel your Subscription before the change takes effect.

12. Intellectual property

12.1. The App, and all content, trade marks, logos and materials made available through it (other than User Content), are owned by or licensed to Rostera and are protected by intellectual property laws.

12.2. Nothing in these Terms transfers any intellectual property right to you. You must not use our branding, business name, trade marks or content except as expressly permitted by these Terms or with our prior written consent.

13. Third-party platforms and app stores

13.1. The App is made available to you through an App Store. Your download and use of the App through an App Store is also subject to that App Store's own terms of service.

13.2. We do not control, and are not responsible for, the availability, security or operation of any App Store, or of any Apple ID or Google account you use to access the App.

13.3. You acknowledge and agree that:

• (a) these Terms are between you and Rostera only, and not with the App Store, and Rostera alone is responsible for the App and its content;
• (b) the App Store has no obligation to furnish any maintenance or support services in respect of the App;
• (c) to the maximum extent permitted by law, the App Store has no warranty obligation in respect of the App, and any failure of the App to conform to any applicable warranty is Rostera's responsibility;
• (d) the App Store is not responsible for addressing any claim by you or any third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation;
• (e) the App Store is not responsible for the investigation, defence, settlement or discharge of any third party claim that the App, or your possession and use of it, infringes that third party's intellectual property rights;
• (f) you are not located in a country subject to a relevant government embargo, and you are not listed on any government list of prohibited or restricted parties; and
• (g) each App Store and its subsidiaries are third party beneficiaries of these Terms as they relate to your licence of the App, and each App Store has the right to enforce these Terms against you as a third party beneficiary.

14. Privacy and data location

14.1. Our Privacy Policy explains how we collect, use, store and disclose your Personal Information, including your Uploaded Documents. By using the App, you acknowledge that your Personal Information will be handled in accordance with our Privacy Policy.

14.2. The App is hosted by our platform provider, Base44, whose servers are located in the United States. Subscription purchases are processed by the App Store, and your Subscription and entitlement information is managed using RevenueCat. Each of these providers may use its own subprocessors. This means your Personal Information is stored and processed outside Australia.

14.3. The United States has data protection laws that differ from, and may be less comprehensive than, the Australian Privacy Principles. By using the App, you consent to your Personal Information being stored and processed as described in the Privacy Policy.

15. Disclaimers

15.1. To the maximum extent permitted by law, the App is provided "as is" and "as available", and we do not warrant that the App will be uninterrupted, error-free, secure, or available at all times.

15.2. We do not warrant the accuracy, completeness or currency of any Estimate, calculation, automated output or other content generated by or available through the App.

15.3. Nothing in the App constitutes financial, taxation, employment, industrial, health or legal advice, and you should not rely on the App for those purposes.

15.4. We may add to, change, suspend or remove features of the App from time to time. Where a change is material and adverse to you, we will give you reasonable notice where it is practicable to do so.

16. Release

16.1. To the maximum extent permitted by law, and subject to your Non-Excludable Rights under clause 17.1, you release and forever discharge Rostera from any claim, action, proceeding, liability, cost or demand arising out of or in connection with:

• (a) your interactions with any other User, including any member of a Crew, and any use, copying, recording or disclosure by another User of information shared through a Crew; and
• (b) any dispute between you and your employer, your union, your professional body or any regulator, including any dispute about your pay, entitlements, rostering, registration or continuing professional development.

16.2. The release in clause 16.1 does not apply to, and does not limit, any claim arising from our breach of these Terms, our negligence, a failure of the security measures we are responsible for, or our obligations under our Privacy Policy.

17. Limitation of liability and indemnity

17.1. Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot be excluded, restricted or modified under the Australian Consumer Law or any other applicable law (Non-Excludable Rights).

17.2. If you are a consumer within the meaning of the Australian Consumer Law, our services come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage.

17.3. To the extent our liability for a failure to comply with a Non-Excludable Right cannot be excluded but can be limited, our liability is limited, at our option, to resupplying the relevant service or paying the cost of having the service resupplied.

17.4. Subject to your Non-Excludable Rights and to clause 17.3, to the maximum extent permitted by law:

• (a) we exclude all liability (whether in contract, tort, including negligence, under statute or otherwise) for any loss or damage arising out of or in connection with your use of, or inability to use, the App, any Estimate or automated output, any loss or corruption of User Content, any unauthorised access to or alteration of your data, or the conduct of any other User;
• (b) we are not liable for any indirect, incidental, special or consequential loss or damage, or for any loss of profit, revenue, goodwill or opportunity; and
• (c) our total aggregate liability arising out of or in connection with the App or these Terms will not exceed the greater of the total Subscription fees you paid to us in the 12 months immediately before the event giving rise to the liability, and $100.

17.5. You indemnify Rostera against any loss, damage, cost, expense or liability (including reasonable legal costs), whether incurred directly by us or claimed against us by a third party, to the extent arising out of or in connection with:

• (a) your User Content or Uploaded Documents infringing the rights of any person or breaching any law;
• (b) your fraudulent or unlawful use of the App; or
• (c) your deliberate breach of these Terms.

17.6. Your liability under clause 17.5 is reduced to the extent that our act or omission, or that of a person acting on our behalf, contributed to the relevant loss, damage, cost, expense or liability. Clause 17.5 does not apply to loss or damage arising from your ordinary use of the App in accordance with these Terms.

18. Suspension and termination

18.1. We may suspend or terminate your access to the App, or your User Account, if:

• (a) you materially breach these Terms and, where the breach is capable of remedy, fail to remedy it within 14 days after we give you notice;
• (b) you engage in fraudulent, unlawful or misleading conduct, or conduct that is harmful to Rostera or to another User, or that poses a risk to the security of the App, in which case we may act immediately;
• (c) we are required to do so by law; or
• (d) we cease to provide the App generally.

18.2. Where we terminate under clause 18.1(c) or 18.1(d) and you have prepaid for a period that has not yet been used, we will take reasonable steps to arrange a pro rata refund of the unused portion through the App Store or, where that is not possible, directly to you.

18.3. Where we decide to cease providing the App generally, we will give you at least 30 days notice where it is practicable to do so, so that you have an opportunity to retain a copy of your records.

18.4. You may stop using the App, or delete your User Account, at any time. You must separately cancel your Subscription through your App Store account.

18.5. On termination of these Terms or your User Account, your licence to use the App under clause 5 ends immediately, and you must stop using and delete the App from your device. We will retain, delete or de-identify your Personal Information in accordance with our Privacy Policy. Termination does not affect any right or liability that accrued before termination.

18.6. Clauses 4, 6, 9.5, 10, 12, 14, 15, 16, 17, 20, 21 and 22 survive any termination of these Terms.

19. Changes to these Terms and the App

19.1. We may update these Terms from time to time, including to reflect a change to the App, a change in the law, or a change in the way we operate our business. Where a change is material and adverse to you, we will give you at least 14 days notice before it takes effect, by in-App notice or by email to the address recorded on your User Account.

19.2. Any other change takes effect from the date the updated Terms are published in the App.

19.3. If you do not agree to a change notified under clause 19.1, you may cancel your Subscription and delete your User Account before the change takes effect. If you continue to use the App after the change takes effect, you are taken to have accepted it.

20. Dispute resolution

20.1. If you have a complaint or dispute, please contact us using the details in clause 23 so that we can try to resolve it informally in the first instance.

20.2. If a dispute is not resolved informally within 28 days, either party may refer the dispute to mediation. The parties may agree on a mediator or, failing agreement, either party may request that a mediator be appointed by the President of the Queensland Law Society or their nominee. The mediation may be held in Queensland or by video conference.

20.3. The parties share equally the mediator's fees and the cost of any venue, and each party bears its own costs of participating in the mediation.

20.4. Nothing in this clause prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction at any time, or prevents you from making a complaint to a regulator, ombudsman or external dispute resolution scheme, or from exercising any Non-Excludable Right.

21. General

21.1. Assignment: you may not assign or transfer your rights under these Terms. We may assign or transfer our rights and obligations under these Terms in connection with a sale, merger or restructure of our business, provided your rights under these Terms are not materially prejudiced.

21.2. Severability: if any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

21.3. No waiver: a failure by us to enforce any provision of these Terms is not a waiver of our right to do so at a later time.

21.4. Force majeure: we are not liable for any failure or delay in performing our obligations under these Terms to the extent caused by circumstances beyond our reasonable control, provided we take reasonable steps to mitigate the effect of those circumstances.

21.5. Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and Rostera in relation to your use of the App.

21.6. No agency: nothing in these Terms creates any partnership, joint venture, agency or employment relationship between you and us.

22. Governing law and notices

22.1. These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.

22.2. Any notice under these Terms should be sent to info@rostera.com.au, or to any contact details we provide within the App.

22.3. You consent to receiving notices and communications from us electronically, including by email, push notification or in-App message, and any such notice is taken to be received when sent.

23. Contact us

If you have any question about these Terms, please contact us.

Effective date: 25 September 2026