Terms of Service

Thanks for using our products and services (the “Services”). The Services are provided by Delegent (“Delegent,” “we,” “us,” or “our”), operated by HIGHTHRIVE LLC, a limited liability company registered in the State of New York (Department of State ID 7775021), of 418 Broadway, Ste N, Albany, NY 12207, United States. By signing up for Delegent, you agree to these Terms. If you do not agree, please do not use the Services.

1. Our Services

Delegent is a time-tracking and productivity monitoring service for businesses and their teams. It consists of a desktop application that the people being tracked install on the computers they use for work, and a web dashboard where the organization reviews the resulting activity data. It is available through our website, web application, and desktop applications for Windows and Mac. The Services do not record what you type and do not access your webcam. Account owners and administrators decide who in their organization can see the data collected. More detail on the data we collect is available in our Privacy Policy.

2. Eligibility and Account Registration

You must be at least 18 years old to register for the Services. If you are using the Services on behalf of a business, that business accepts these Terms, and you confirm you have the authority to bind it. Delegent accounts belong to an organization: the organization owner and its administrators invite members, assign roles, and control what each role can see, and administrators can assign managers a scoped subset of members. You are responsible for maintaining the confidentiality of your Delegent password and account, and for all activity that occurs under your account.

An organization can also create logins for its own clients. A client login can see the timelines, including screenshots, of the members assigned to that client. You are responsible for who you give that access to, and for telling your team members that their clients may see their timelines.

3. Use in the EU/EEA

You are prohibited from using Delegent in the EU/EEA, the UK, or in any other country if doing so would involve collecting data about an EU/EEA or UK resident, unless Delegent has separately confirmed in writing that it supports use in your jurisdiction. This is due to the strict data protection requirements of the GDPR. While we take our own compliance obligations seriously, we have no control over how you use the data you collect from others through the Service. To avoid liability for providing the means to collect that data, we choose not to offer the Services for this purpose unless we have expressly agreed to.

4. Compliance With Local Laws

It is your responsibility to comply with local laws and regulations governing employee privacy, monitoring, and related matters. If you deploy Delegent to your team, you are responsible for what it collects about them. You are responsible for:

• Telling the people you monitor that they are being monitored, before you start.
• Confirming that workplace monitoring is lawful where you and your workers are located.
• Obtaining any consent that your local law requires. Some jurisdictions require it in writing.
• Installing Delegent only on computers that you or your company own or are otherwise entitled to monitor.

In the United States, some states, for example New York (Civil Rights Law § 52-c), Connecticut and Delaware, require written notice before electronic monitoring, and some require the employee's acknowledgment. If a worker installs Delegent on their own computer, you must have their agreement, and you may track only their working time.

Delegent captures screenshots and application activity; deploying it covertly, or on computers you are not entitled to monitor, may be illegal. That risk is yours, not ours. These are just examples. Your local laws may differ, and you are forbidden from using the Service in any way that conflicts with them. We may suspend or stop providing the Services to you if you fail to comply with our terms or policies, or if we are investigating suspected misconduct.

Scores and alerts are advisory. Productivity percentages, TrustScore, keyboard and mouse flags, and attendance or suspicious-activity alerts are estimates to help you decide where to look, and they can be wrong. Do not make hiring, firing, pay or disciplinary decisions on them alone: a person must review the underlying timeline first, and you are responsible for the decisions you make.

5. Acceptable Use and Software License

Don't misuse the Services. Don't interfere with the Services or try to access them using any method other than the interface and instructions we provide, and use the Services only as permitted by law. Specifically, do not use Delegent to harass, discriminate against, or retaliate against anyone; to monitor people who are not members of your organization; to circumvent the desktop application's visible indicators that tracking is active; or to resell or redistribute the service without written permission.

Using the Services doesn't give you ownership of any intellectual property rights in the Services or the content you access through them. You may not use content from the Services unless you have permission from its owner or are otherwise permitted by law, and these Terms don't grant you rights to any Delegent branding or logos. Don't remove, obscure, or alter any legal notices displayed in or alongside the Services.

The Services may include downloadable software (“Software”) that can update automatically once a new version is available. Delegent grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software solely to use the Services as permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included Software, and you may not reverse engineer or attempt to extract its source code.

6. Your Content

Some of our Services let you upload, submit, store, send, or receive content. You retain ownership of any intellectual property rights you hold in that content; what belongs to you stays yours. We don't monitor the nature or content of data transmitted via the Service, and we are not liable for your content or any damage arising from accessing it. We retain your data to provide the Service. We do not yet delete it automatically, and cancelling does not delete it; to have it deleted, email us and we will do so within 30 days, except where the law requires us to keep it.

7. Privacy

Our Privacy Policy explains what personal information we collect and how we use and protect it. By using the Services, you agree to the collection, use, and protection of information as described there.

8. Billing and Subscriptions

Paid plans are billed per active seat through Stripe. Adding a member adds a seat. Charges recur until you cancel. If a payment fails, the dashboard shows a past-due notice and access to privileged features may be suspended until billing is resolved. Cancellation and refunds are covered by our Refund Policy.

9. Modifying and Terminating the Services

We're constantly improving the Services, and we may add or remove features, introduce new limits, change prices, or suspend or discontinue a Service. You can stop using the Services at any time by cancelling your plan from the billing page. We believe you own your data, so if we discontinue a Service, we'll give reasonable advance notice where practical and a chance to export your information. We may suspend or terminate an account that violates these Terms.

10. Disclaimer of Warranties

We work hard to keep our customers happy, but legally, the Services are provided “as is” and “as available,” with all faults. The desktop application is in beta: the Mac version is signed and notarized by Apple, and the Windows version is not yet code-signed. Delegent disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Delegent doesn't warrant the accuracy, likely results, or reliability of using the Service, does not guarantee uninterrupted availability, and is not liable for gaps in captured data.

11. Limitation of Liability

Delegent, its suppliers, distributors, officers, directors, and employees are not responsible for lost profits, revenue, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages arising out of or connected with your use of the Service. Our total liability for any claim under these Terms, including for any implied warranties, is limited to the amount you paid us to use the Service in the twelve months before the claim arose.

12. Indemnification

You agree to indemnify and hold harmless Delegent and its successors and assigns against all liabilities, costs, and expenses (including reasonable attorneys' fees) arising from any dispute, legal action, or demand related to your use of the Services, including your monitoring of your team, or your violation of these Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Services will be resolved exclusively by the state or federal courts located in Albany County, New York, and you submit to their jurisdiction.

14. Severability

If any provision of these Terms is found invalid under applicable law, that provision will be removed without affecting the rest.

15. Changes to These Terms

We may modify these Terms from time to time. We'll post changes on this page and, if they're significant, notify you by email and announce them in the dashboard before they take effect. Check back periodically; if you don't agree to modified terms, discontinue using the affected Service.

16. Contact Us

For questions about these Terms, contact Delegent Support at support@delegentapp.com, or write to HIGHTHRIVE LLC, 418 Broadway, Ste N, Albany, NY 12207, United States.