Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer", "you", or "your") and Keystone Systems (ABN 16 401 201 936), trading as Mustr ("Mustr", "we", "us", or "our"), headquartered in Perth, Western Australia.

By accessing or using the Mustr platform, you agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, you must not use the service.

2. Service description

Mustr provides a cloud-based workforce management platform for Australian businesses. The service includes:

• Employee scheduling and roster management
• GPS-enabled time and attendance tracking
• Leave management and accrual tracking
• Australian Modern Award pay rate calculations and compliance tools
• Payroll integration and export (Xero, MYOB, Employment Hero, KeyPay, Reckon)
• Team communications (chat, news feed, surveys)
• Employee directory and organisational management
• Reporting, analytics, and data exports
• Coverage suggestions from your own historical clock-in data
• Mobile application with offline capability

The standard subscription is a single Mustr plan with active-employee volume bands. Current pricing details are available on our pricing page.

3. Compliance disclaimer

Mustr implements Australian Modern Award rules, National Employment Standards (NES) provisions, and Fair Work Act requirements as software features. However:

• Mustr is a tool, not legal or financial advice. The platform assists with compliance but does not guarantee it. Employers remain solely responsible for ensuring compliance with all applicable laws, awards, and regulations.
• Award interpretations implemented in Mustr reflect our good-faith reading of published Fair Work Commission determinations. Where ambiguity exists, we err on the side of the employee. We recommend seeking independent legal advice for complex situations.
• Pay calculations produced by Mustr include a full audit trail showing every step and award clause applied. Employers should review these calculations and are responsible for verifying accuracy before processing payroll.

4. Account registration and security

To use Mustr, you must register an organisation account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring that all users added to your organisation are authorised
• Promptly notifying us of any unauthorised access or security breach

You must be at least 18 years of age and have the legal authority to bind the organisation you represent to these Terms.

5. Subscription and billing

5.1 Pricing

All prices are quoted and charged in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST) where applicable. Mustr is registered for GST and will provide valid tax invoices.

5.2 Billing model

Mustr uses per-active-employee pricing. You are billed monthly based on the number of active employees in your organisation at the time of billing. An "active employee" is an employee record marked Active in Mustr. Detailed billing definitions are available on our pricing page.

5.3 Payment processing

Payments are processed securely through Stripe. Mustr does not store your credit card or payment details directly. Stripe's handling of payment information is governed by their own privacy policy and PCI DSS compliance.

5.4 Subscription changes

You may change billing cadence or update billing details through account settings. Price changes from active-employee volume bands take effect according to the billing period and Stripe checkout flow.

5.5 Late payment

If payment fails, we will notify you and retry the charge. If payment remains outstanding for more than 14 days, we may restrict access to your account. Your data will be preserved during any restriction period and for a minimum of 90 days after account suspension to allow recovery.

6. Data ownership and portability

6.1 Your data

You retain full ownership of all data you and your employees enter into Mustr ("Customer Data"). We do not claim any intellectual property rights over your data. We process Customer Data solely to provide and improve the Mustr service, as described in our Privacy Policy.

6.2 Data export

You may export your data at any time through the platform's built-in export functionality. Available export formats include CSV and JSON for structured data, and PDF for payslips and reports. We will not hold your data hostage.

6.3 Data on termination

Upon account termination, your data will be retained for the mandatory 7-year period required under the Fair Work Act 2009 and Fair Work Regulations 2009. During this retention period, you may request a full data export. After the retention period expires, data will be permanently and irreversibly deleted within 90 days.

7. Acceptable use

Your use of Mustr is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. In summary, you agree not to:

• Use the service for any unlawful purpose
• Attempt to access another organisation's data or systems
• Reverse engineer, decompile, or disassemble any part of the platform
• Use automated tools to scrape or extract data from the platform beyond provided APIs
• Interfere with or disrupt the integrity or performance of the service
• Upload malicious content, viruses, or harmful code
• Resell or redistribute the service without our written consent

8. Service availability

8.1 Uptime target

We target 99.9% uptime for the Mustr platform, measured monthly, excluding scheduled maintenance windows. This is a target, not a contractual guarantee. Larger customers may negotiate binding SLA terms as part of a separate agreement.

8.2 Scheduled maintenance

Planned maintenance windows will be communicated at least 48 hours in advance via in-app notification and email to account administrators. We schedule maintenance during low-usage periods (typically early morning AEST/AWST).

8.3 Offline mobile functionality

The Mustr mobile application supports offline operation for core functions including clock-in/out, schedule viewing, and leave requests. Offline actions are synced when connectivity is restored. We do not guarantee the availability of features that inherently require an internet connection (such as real-time chat or live dashboards).

9. Intellectual property

The Mustr platform, including all software, designs, trademarks, documentation, and content created by us, remains the intellectual property of Keystone Systems. These Terms grant you a limited, non-exclusive, non-transferable licence to use the platform for your internal business purposes for the duration of your subscription.

This licence does not include the right to sublicense, modify, or create derivative works from the platform.

10. Termination

10.1 By you

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. You will retain access to the platform until the end of your paid period.

10.2 By us

We may suspend or terminate your access if you:

• Breach these Terms or the Acceptable Use Policy
• Fail to pay fees for more than 30 days after notice
• Use the service in a way that poses a security risk to other users
• Are subject to bankruptcy, insolvency, or similar proceedings

Except in cases of serious breach posing immediate harm, we will provide 14 days' written notice before termination and an opportunity to remedy the breach.

10.3 Effect of termination

Upon termination, your access to the platform ceases. We will provide a data export upon request (see Section 6.3). Sections relating to data ownership, limitation of liability, governing law, and any accrued obligations survive termination.

11. Limitation of liability

11.1 Consumer guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

11.2 Limitation

To the maximum extent permitted by law, Mustr's total aggregate liability to you for all claims arising from or related to these Terms or the service will not exceed the total fees paid by you to Mustr in the 12 months preceding the claim.

11.3 Exclusions

To the maximum extent permitted by law, Mustr is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunity
• Loss of data (beyond our obligation to maintain backups)
• Penalties or fines arising from your non-compliance with employment law
• Losses arising from service interruptions or downtime

11.4 Compliance responsibility

You acknowledge that Mustr provides tools to assist with compliance but does not guarantee compliance. You are solely responsible for verifying that your use of the platform, pay calculations, award interpretations, and employment practices comply with all applicable laws. Mustr is not liable for penalties, claims, or losses arising from incorrect compliance configurations or failure to review system outputs.

12. Indemnification

You agree to indemnify and hold harmless Keystone Systems, its directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your violation of any applicable law or regulation
• Your use of the service in a manner not authorised by these Terms
• Any data entered into the platform by you or your authorised users

13. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of Western Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals therefrom.

14. Dispute resolution

Before commencing legal proceedings, both parties agree to attempt to resolve disputes through the following process:

1. Informal resolution: The aggrieved party will notify the other party in writing, describing the dispute. Both parties will use good faith efforts to resolve the matter within 14 days.
2. Mediation: If informal resolution fails, either party may refer the dispute to mediation administered by the Resolution Institute (or a mutually agreed mediator) in Perth, Western Australia. The costs of mediation will be shared equally.
3. Litigation: If mediation does not resolve the dispute within 30 days of referral, either party may commence legal proceedings in the courts of Western Australia.

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

15. General provisions

15.1 Entire agreement

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Mustr regarding the service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

15.3 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of substantially all our assets.

15.4 Waiver

A failure by either party to enforce any provision of these Terms does not constitute a waiver of that party's right to enforce that provision or any other provision in the future.

15.5 Changes to these terms

We may modify these Terms from time to time. We will provide at least 30 days' notice of material changes via email to account administrators and in-app notification. Continued use of the service after the effective date of changes constitutes acceptance. If you do not agree with the modified terms, you may cancel your subscription before the changes take effect.

16. Contact

For questions about these Terms: