WorkPulse Terms of Service

1. The service and this agreement

WorkPulse Solutions (WorkPulse, we, us) provides a multi-tenant platform for time tracking, workforce administration, projects, tasks, communications, reporting, payroll support and optional activity-monitoring tools (the Service). These Terms, the Privacy Notice, and the Data Processing Addendum form the agreement between WorkPulse and the Customer.

If an order form, plan description or written agreement signed by both parties conflicts with these Terms, that written agreement takes priority to the extent of the conflict.

2. Accounts, authority and access

The Customer is responsible for its account, the accuracy of account and billing details, all users invited to its workspace, and the actions taken through its credentials. The Customer must keep account credentials confidential, promptly remove access for people who no longer need it, and tell us promptly if it suspects unauthorised access.

The Service includes permissions and role-based access controls. The Customer is responsible for assigning permissions carefully and for limiting access to monitoring records, payroll information, reports, messages, files and exports to people with a legitimate business need.

3. Customer content and workforce monitoring

Customer Content means the information submitted to the Service by or for the Customer, including employee and contractor information, time records, messages, files, project data, reports and monitoring data.

Depending on the Customer's plan, settings and client applications in use, the Service can process the following while a tracked work session is active:

• work-session, project, team, break, idle-time and activity information;
• individual keyboard and mouse event details with timestamps. Keyboard event details can include actual typed characters or key names, not only a count of keystrokes;
• foreground application, process and browser-window-title context, which can reveal website, document, search or other on-screen content;
• periodic full-screen screenshots, including multi-monitor screenshots; the standard desktop capture runs in approximately ten-minute windows and an enabled feature may add screenshots at approximately two-minute intervals;
• screen recordings requested by an authorised manager during an active desktop session, and, where a supported client and feature are enabled, camera images;
• for mobile tracking, precise location coordinates, accuracy, address information and timestamps; and
• device, connection and security information such as device identifiers, IP address, user agent and login activity.

The Customer must not use the Service to make an employment, disciplinary, performance, pay, access or other materially significant decision solely through automated processing. It must ensure appropriate human review and comply with applicable employment, monitoring, privacy, labour and collective-consultation laws.

4. Customer responsibilities

The Customer is responsible for its use of the Service and, in particular, must:

• have a valid legal basis for each processing activity and provide clear, timely notices to affected individuals before monitoring begins;
• conduct any data-protection impact assessment, consultation or worker-representative engagement required by applicable law;
• configure monitoring and retention proportionately, avoid unnecessary collection, and restrict monitoring to lawful business purposes;
• obtain any approvals or permissions required to use the Service on personal or bring-your-own devices;
• not use the Service for unlawful discrimination, harassment, surveillance, credential theft, or any other prohibited purpose;
• ensure that any report recipient, webhook endpoint, white-label integration or export destination is authorised to receive the information; and
• respond to individual rights requests for Customer Content as controller, with WorkPulse providing reasonable assistance under the Data Processing Addendum.

5. Acceptable use

The Customer and its users must not interfere with the Service, bypass its security controls, probe for vulnerabilities, reverse engineer it except where law does not allow that restriction, introduce malicious code, use it to infringe another person's rights, or allow access by unauthorised third parties. We may suspend access where reasonably necessary to protect the Service, comply with law, prevent abuse, or address a material breach.

6. Fees, billing and subscription changes

Subscription fees, billing intervals, included users, feature entitlements and any storage or user add-ons are shown at checkout, in the applicable plan or in a written order. Subscription payments are processed through Stripe; WorkPulse does not receive or store full payment-card numbers through the Service.

Subscriptions may renew automatically for the next billing period unless cancelled through the Service or as otherwise agreed. Authorised Customer users may change a plan, user allowance or storage allowance where the Service makes that option available. Cancellation, credits, refunds, taxes and payment terms are governed by the applicable checkout, plan, order or written agreement and applicable law. We may suspend or restrict the Service if undisputed fees remain overdue, subject to applicable law and any notice required by the Customer's agreement.

Changes to prices and plans

We may revise subscription prices, add-on charges, included allowances and feature entitlements, or replace or discontinue a plan, to reflect changes in the cost of providing the Service (including hosting, storage, third-party services and support), inflation, legal or regulatory requirements, or the functionality and scope of the Service. Changes will be reasonable and proportionate to the reasons for them. Unless an applicable written agreement provides otherwise, existing prices and plan entitlements are not guaranteed indefinitely.

For existing Customers, we will give at least 30 days' advance notice of a price increase, a material reduction in plan entitlements, or the replacement or discontinuation of their plan. We will send the notice to the account's billing or administrator email address and may also display it in the Service. The notice will explain the change, its reason, the new price or entitlements, the effective date and the options for changing plans or cancelling. Any longer notice period required by law or the Customer's written agreement will apply.

For a paid subscription, these changes take effect no earlier than the next renewal after the notice period has expired and after any agreed fixed-price commitment ends, unless the Customer expressly agrees to an earlier change. We will not retrospectively increase charges for an already-paid subscription period. The Customer may cancel renewal before the change takes effect, without a cancellation penalty, through the Service or by contacting support. Access continues for the remainder of the paid period, subject to the other provisions of these Terms. If the Customer does not cancel, the notified pricing and plan entitlements apply from that renewal, subject to any consent required by applicable law.

Free plans and promotional offers

A free plan or free allowance is not a promise of permanent free access, unless we have expressly agreed otherwise in writing. For the reasons described above, we may change its limits or features, replace it, or discontinue it and require a paid subscription for continued use, subject to the advance notice described above. Any fixed promotional period expressly promised to the Customer will be honoured.

We will not automatically convert a free plan into a chargeable subscription merely because the Customer continues using the Service. An authorised Customer user must choose a paid subscription and authorise payment. If the Customer does not choose an available replacement plan before the notified deadline, we may restrict or end access to the affected free plan from that date. The Customer will have the notice period to export Customer Content using the available export features or contact support to arrange a reasonable export before access ends. Subsequent retention is governed by section 9 and the Data Processing Addendum.

7. Data protection, security and support

For account administration, billing, security and direct communications, WorkPulse may act as a controller. For Customer Content, WorkPulse normally processes personal data on the Customer's documented instructions as processor; the Customer normally acts as controller or an equivalent role. The Privacy Notice explains this distinction, and the Data Processing Addendum contains the processing terms.

We use reasonable administrative, technical and organisational measures designed to protect the Service. No system is completely secure or available without interruption, and the Customer remains responsible for its own devices, internet connection, user administration and backups of information it chooses to export.

8. Ownership

WorkPulse and its licensors retain all rights, title and interest in the Service, software, documentation, branding and related intellectual property. Subject to these Terms and payment of applicable fees, we grant the Customer a limited, non-exclusive, non-transferable right for its authorised users to use the Service during the subscription term. The Customer retains its rights in Customer Content.

9. Termination and information after termination

Either party may end the subscription in accordance with the applicable plan, order or written agreement. On termination, access to the Service ends at the end of the paid period or earlier where a suspension or immediate termination is permitted. Before access ends, the Customer should use the available export features or contact support to arrange a reasonable export of Customer Content.

After termination, WorkPulse will handle Customer Content in accordance with the Data Processing Addendum, applicable law and the retention controls operating for the Service. Backups and residual copies may remain for a limited period while they are rotated or retained for security, recovery or legal purposes.

10. Disclaimers and liability

To the maximum extent permitted by law, the Service is provided on an "as available" basis. WorkPulse does not guarantee that monitoring data is complete, error-free, suitable for a particular employment decision or legally sufficient for the Customer's purposes. The Customer is responsible for verifying records and applying human judgement.

Neither party excludes liability that cannot lawfully be excluded. Any additional limitation of liability, indemnity, credit or remedy must be stated in the applicable plan, order, Subscription Agreement or other written agreement between WorkPulse and the Customer.

11. Changes

We may update these Terms to reflect changes to the Service, law or our business. We will post the updated version here and update the date above. For material changes, we will provide reasonable advance notice through the Service or by email where appropriate, explaining when the changes take effect. Pricing and plan changes are subject to the specific notice periods and protections in section 6; this section does not override them. If the Customer does not agree to an update, it may stop using the Service and cancel renewal before the update takes effect. Continued use after the effective date means the Customer accepts the updated Terms, except where express consent is required by these Terms or applicable law.

12. Governing law and contact

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, except where applicable law requires otherwise.

Questions about these Terms can be sent to support@workpulse.solutions.

WorkPulse Solutions, 42 Hamilton Road, London, NW11 9EJ, United Kingdom.