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. 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 an employee time-tracking and productivity monitoring service for tracking employee activity while working on company computers. It consists of a desktop application that employees install on their work computers and a web dashboard where employers review the resulting activity data, and is available through our website, web application, and desktop applications for Windows and Mac. The Services do not record keystrokes and do not access your webcam, and Delegent gives account administrators full control over 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.

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 resident, unless Delegent has separately confirmed in writing that it supports use in your jurisdiction. This is due to the strict data protection requirements under 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 the data controller for what it collects. 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.

Where GDPR applies, compliance is your responsibility. Delegent captures screenshots and application activity; deploying it covertly, or on machines you do not control, 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.

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.

The Services may display content that isn't ours, such as blog comments. We don't monitor all of it and aren't responsible for it.

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 only to provide the Service, and delete it automatically when it becomes stale, when you cancel the Service, or whenever you request deletion.

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.

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 currently distributed as an unsigned beta. 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 or your violation of these Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction in which Delegent is legally organized, without regard to conflict-of-law principles, and you irrevocably submit to the exclusive jurisdiction of the courts located there for resolving any dispute.

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.