These Terms of Service ("Terms") govern your access to and use of the WorkPulse platform, website, desktop client, and all related services (collectively, the "Service") operated by WorkPulse ("WorkPulse," "we," "us," or "our"). By creating an account, using the Service, or installing the desktop client, you agree to be bound by these Terms. If you are using WorkPulse on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" includes that organization.
You must be at least 18 years old and have legal authority to enter into a binding contract to use the Service. You agree to provide accurate, current, and complete information when creating an account and to keep that information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@workpulse.tech if you believe your account has been compromised.
WorkPulse is an employee productivity analytics platform that allows managers ("Customers") to monitor application usage, website activity, and work session data of employees ("End Users") who have installed and signed into the WorkPulse desktop client. The Service includes a web-based management dashboard, a REST API, email reports, and a Windows desktop client application.
The Service monitors the foreground application and window title on an employee's device while the employee is actively signed in. It does not capture keystrokes, screenshots, screen recordings, clipboard contents, passwords, personal files, email content, or any data outside of active signed-in sessions.
If you are a Customer using WorkPulse to monitor employees, you bear full legal responsibility for ensuring lawful use of the Service. You agree to:
WorkPulse provides a built-in consent notice that employees must acknowledge before monitoring begins. This feature is intended to assist with disclosure obligations but does not guarantee compliance with any specific jurisdiction's requirements. You are solely responsible for legal compliance in your jurisdiction.
Pricing: The Service is priced at $7.99 per active employee seat per month. Your seat count is set at account creation and determines the maximum number of employees permitted in your organization.
Invoicing: WorkPulse uses manual invoice billing. Invoices are issued via email to the manager's registered email address. Payment is due within 7 days of the invoice date (Net 7).
Late payment: If payment is not received within 7 days of the invoice date, WorkPulse reserves the right to suspend your account. Suspended accounts retain their data for 30 days. Continued non-payment beyond 30 days of suspension may result in permanent account cancellation and data deletion as described in Section 11.
Seat limits: Your subscription permits the number of employee seats specified at signup. Employees beyond that limit will be blocked from joining your organization. To increase your seat count, contact support@workpulse.tech and a revised invoice will be issued.
No auto-charges: WorkPulse does not store payment card information and does not charge you automatically. All payments are made manually in response to invoices issued by WorkPulse.
Cancellation: You may request cancellation at any time by contacting support@workpulse.tech. Upon cancellation, your account will be deactivated and all associated data will be deleted within 30 days as described in Section 11. No refunds are issued for amounts already invoiced.
You agree not to use the Service to:
WorkPulse IP: The Service, including all software, algorithms, designs, trademarks, logos, and documentation, is owned by WorkPulse and protected by applicable intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely in accordance with these Terms during your active subscription. No other rights are granted.
Customer Data: You retain all ownership rights to data you and your employees generate through use of the Service ("Customer Data"). You grant WorkPulse a limited license to process Customer Data solely to provide the Service to you. WorkPulse does not use Customer Data for advertising, sale to third parties, or training machine learning models.
Feedback: If you provide suggestions, ideas, or feedback about the Service, you grant WorkPulse an irrevocable, royalty-free, perpetual license to use that feedback without restriction or compensation.
Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you agree to the Privacy Policy.
WorkPulse implements industry-standard security measures including TLS encryption in transit, PBKDF2-SHA256 password hashing, row-level database isolation, JWT-based session management, and rate limiting on all auth endpoints. However, no system is perfectly secure and we cannot guarantee absolute security.
WorkPulse acts as a data processor on behalf of Customers with respect to employee Activity Data. You, as the Customer, are the data controller for that data and are responsible for its lawful processing under applicable law.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKPULSE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
WorkPulse does not warrant that the Service will meet your requirements, that results obtained from the Service will be accurate or reliable, that any errors will be corrected, or that the Service will be available at any particular time. We do not guarantee any specific uptime or availability level.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless WorkPulse and its officers, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law or regulation, including employment and privacy laws relating to employee monitoring; (c) your violation of any third-party right, including privacy, employment, or intellectual property rights; or (d) any dispute between you and your employees arising from your use of the Service.
By you: You may terminate your subscription at any time by contacting support@workpulse.tech.
By WorkPulse: WorkPulse may suspend or terminate your account immediately, with or without prior notice, if: (a) you violate these Terms; (b) we are required to do so by law; (c) your account has been inactive for more than 12 months; or (d) an invoice is overdue by more than 30 days.
Effect of termination: Upon termination or cancellation, access to the Service will be revoked. All Customer Data will be permanently deleted from our production systems within 30 days. Backup copies are rotated and overwritten within 30 days. Billing records required for legal or tax compliance are retained for 7 years. Termination does not entitle you to any refund of amounts already invoiced.
Service changes: WorkPulse reserves the right to modify, suspend, or discontinue any part of the Service at any time. We will endeavor to provide at least 30 days' notice for material feature changes or removals.
Terms changes: We may update these Terms at any time by posting updated Terms with a revised "Last Updated" date. For material changes, we will notify active Customers by email. Your continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and request account deletion.
These Terms are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.
Informal resolution: Before filing any formal claim, you agree to first contact WorkPulse at support@workpulse.tech and attempt to resolve the dispute informally for at least 30 days.
Binding arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered under the American Arbitration Association (AAA) rules, except that either party may bring qualifying claims in small claims court. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You consent to the personal jurisdiction of the state and federal courts located in Tarrant County, Texas for any matters not subject to arbitration.
Class action waiver: All claims must be brought in your individual capacity. You waive any right to participate in a class action lawsuit or class-wide arbitration against WorkPulse.
Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and WorkPulse regarding the Service and supersede all prior agreements or understandings.
Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
No waiver: Failure by WorkPulse to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.
Assignment: You may not assign or transfer these Terms or your account without WorkPulse's prior written consent. WorkPulse may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Force majeure: WorkPulse is not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, internet infrastructure outages, third-party service failures, or government actions.
Contact: Questions about these Terms may be directed to support@workpulse.tech.
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