Terms of Service

These Terms of Service (the Terms) are an agreement between Digi Pioneers Inc., a corporation incorporated under the laws of Canada with its office at 12 Barlow Place, Paris, Ontario, Canada (we, us), and the organization that creates an account (the Customer, you). They govern your use of Smart Employee Monitor, including the website, the web application, the Windows app and related services (the Service).

The person who accepts these Terms on behalf of an organization confirms that they are authorized to bind that organization. If you do not agree, do not use the Service.

1. The Service

1.1 The Service lets organizations record work time and, where the organization enables it, screenshots, keyboard and mouse activity counts, idle time and the names of foreground applications of their employees during work sessions that the employee starts in the Windows app. Features available to you depend on your plan.

1.2 The Service is designed for transparent monitoring. It does not record typed content, passwords, window titles, webcam, microphone or location, and it does not record anything outside work sessions or during breaks. You must not try to change this behaviour.

1.3 We may improve and change the Service. We will not materially reduce the core functionality of a paid plan during a paid billing period.

2. Your obligations as an employer

2.1 You are responsible for lawful use. Monitoring employees is regulated differently in different countries, provinces and states. Before you monitor anyone you must, as required by the laws that apply to you and your employees:

• have a lawful purpose and, where required, a legal basis for each type of data you enable;
• inform employees clearly about the monitoring before it starts (the Windows app shows each employee a notice they must accept, but this does not replace your own legal obligations, such as a written electronic monitoring policy where required);
• obtain consent or consult employee representatives or works councils where the law requires it;
• configure only the monitoring that is necessary and proportionate, and set appropriate retention periods;
• answer employees' requests to access, correct or delete their personal data.

2.2 You must not use the Service to monitor anyone covertly, to monitor people who are not your employees or contractors working for you, to monitor personal devices outside of work, or for any unlawful, discriminatory or harassing purpose.

2.3 You are responsible for your users' accounts, for keeping passwords and two-factor authentication secure, and for all activity under your account. Tell us promptly at info@smartemployeemonitor.com if you suspect unauthorized access.

2.4 You must give accurate information when you sign up and keep it up to date.

3. Trials, subscriptions and payment

3.1 Free trial. New organizations may receive one free trial (currently 7 days). No card is needed to start. If no payment method is added by the end of the trial, the subscription ends and monitoring stops; your data is kept as described in section 7.

3.2 Subscriptions. Plans are sold per organization with a maximum number of monitored employees (seats), billed monthly or yearly in advance in the currency you choose (USD or CAD). Prices are shown before purchase. Payments are processed by Stripe; we do not store full card numbers.

3.3 Renewal. Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time from the Billing page; cancellation takes effect at the end of the current period.

3.4 Refunds. If you are not satisfied, you may request a full refund of your first subscription payment within 14 days of that payment by writing to info@smartemployeemonitor.com. Later renewals are non-refundable except where required by law. Refunds go back to the original payment method.

3.5 Late payment. If a payment fails, we and Stripe will retry. During this period the Service stays available. If payment is not made, we may suspend monitoring features; your data is not deleted because of suspension, and you keep access to billing, exports and data-request tools.

3.6 Taxes. Prices exclude taxes unless stated. You are responsible for applicable sales, use, goods and services or value-added taxes, which we may collect where required.

3.7 Price changes. We may change prices for future periods with at least 30 days' notice. Changes do not affect a period you have already paid for.

4. Your data

4.1 Customer Data means data that you or your users submit to the Service or that the Service collects on your behalf, including employee data. You own your Customer Data.

4.2 We process Customer Data only to provide, secure and support the Service and as instructed by you, as described in our Data Processing Agreement, which forms part of these Terms. For personal data in Customer Data, you are the controller (or equivalent) and we are your processor (or service provider).

4.3 Our Privacy Policy explains how we handle personal data for which we are responsible ourselves, such as account and billing contacts.

4.4 Our staff do not access the contents of your screenshots or activity data. Support staff see account-level information only. If we ever need access to your content to resolve an issue you report, we will ask for your permission first, except where required by law.

5. Acceptable use

You must not: break the law or third-party rights; upload malware; probe, scan or test the vulnerability of the Service without our written permission; circumvent security, seat limits or plan restrictions; reverse engineer the Service except as permitted by law; resell the Service without our agreement; or use it to build a competing product. We may suspend accounts that breach this section or that put the Service or other customers at risk, and we will tell you why unless the law prevents us.

6. Availability and support

We aim to keep the Service available at all times but do not guarantee uninterrupted availability. Planned maintenance will be kept short. Support is available by email at info@smartemployeemonitor.com. The Windows app keeps recording during temporary connection problems and uploads later.

7. Term, termination and your data after termination

7.1 These Terms apply while you have an account. You may stop using the Service at any time. We may terminate for a material breach that is not fixed within 30 days of notice, or immediately for serious or repeated breaches of sections 2.2 or 5.

7.2 After cancellation or termination you can still sign in for 30 days to export your data (reports and CSV exports). After that, or earlier if you ask in writing, we delete Customer Data from the live systems within 90 days. Backups are overwritten on their normal schedule (currently within 35 days). We may keep limited records where the law requires it (for example invoices).

7.3 Sections 4, 7.2, 8, 9, 10 and 12 survive termination.

8. Intellectual property and feedback

We own the Service and all related intellectual property. We grant you a non-exclusive, non-transferable right to use the Service during your subscription under these Terms. If you send us feedback, we may use it without obligation to you.

9. Warranties and disclaimers

We will provide the Service with reasonable skill and care. Except as stated in these Terms, the Service is provided "as is", and to the extent permitted by law we disclaim all other warranties, including merchantability, fitness for a particular purpose and non-infringement. The Service does not provide legal advice; information about monitoring laws in our documentation is general information only. Activity data (such as keyboard and mouse counts) shows that a computer was in use; it is not a measure of productivity or performance, and you must not base employment decisions solely on it.

10. Liability

10.1 To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility.

10.2 To the extent permitted by law, each party's total liability arising out of these Terms in any 12-month period is limited to the amounts you paid us for the Service in the 12 months before the event giving rise to the claim.

10.3 These limits do not apply to your payment obligations, to your obligations under section 11, or to liability that cannot be limited by law.

11. Indemnity

You will defend and indemnify us against third-party claims (including claims by your employees or regulators) arising from your monitoring decisions, your configuration of the Service, your failure to meet section 2, or your breach of law, and pay resulting damages, fines and reasonable costs, provided we notify you promptly and let you control the defence.

12. General

12.1 Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there. The courts of the Province of Ontario have exclusive jurisdiction, except that either party may seek urgent injunctive relief anywhere. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2 Changes. We may update these Terms. For material changes we will give at least 30 days' notice by email or in the Service. If you do not agree, you may cancel before the change takes effect; continued use means acceptance. The version and date are shown at the top of this page.

12.3 Notices to us: info@smartemployeemonitor.com. Notices to you: the contact email of your organization.

12.4 Other terms. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale. If a provision is unenforceable, the rest remains in effect. These Terms, the Data Processing Agreement and any order details are the entire agreement on this subject. Neither party is liable for delays caused by events beyond its reasonable control.