1. Acceptance of Terms
By accessing or using the Tracknesty platform ("Service"), you agree to be bound by these Terms of Service. If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation. If you do not agree, you may not use the Service.
2. Description of Service
Tracknesty provides employee activity monitoring software including: a web-based administration dashboard, a Windows desktop agent installed on employee devices, screenshot capture, attendance tracking, browser and application monitoring, task management, and reporting tools. The Service is designed for employers to monitor their own employees on company-managed devices with appropriate employee consent and disclosure. Tracknesty is not a consumer product.
3. Accounts & Registration
You must provide accurate, current, and complete information during registration. You are responsible for maintaining the security of your account credentials and all activities that occur under your account. Notify us immediately at support@tracknesty.com of any unauthorised use. Creating multiple accounts to circumvent billing limits is prohibited.
4. Subscription & Billing
Tracknesty operates on a per-seat monthly subscription at $8 per active employee per month. • Subscriptions are billed monthly in advance. • You may cancel at any time; no further charges after cancellation. • No pro-rated refunds for unused portions of a billing period. • Failure to pay may result in service suspension after a 7-day grace period. • Prices may change with 30 days written notice. All prices are in USD. Applicable taxes may be added depending on your location.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in compliance with all applicable laws. You agree NOT to: • Monitor individuals without proper legal basis and employee disclosure • Install the agent on personal devices without the owner's explicit informed consent • Use monitoring data to unlawfully discriminate against employees • Attempt to reverse-engineer or extract source code from the Service • Resell, sublicense, or distribute the Service to third parties • Interfere with or disrupt the integrity or performance of the Service Violations may result in immediate account termination without refund.
6. Employer Responsibilities
You, as the employer and account administrator, are solely responsible for: • Ensuring that employee monitoring is permitted under the laws of your jurisdiction • Obtaining necessary employee consent and providing adequate notice of monitoring • Establishing and communicating a clear workplace monitoring policy • Ensuring the agent is only installed on company-owned or company-managed devices • Ensuring that administrators who access monitoring data are authorised to do so Tracknesty provides tools for monitoring — the legal responsibility for lawful use rests with you.
7. Data Ownership
You retain full ownership of all data generated by your organisation's use of the Service, including monitoring data, attendance records, and screenshots. Tracknesty does not claim any ownership over your data. We may use aggregated, anonymised usage statistics to improve the Service.
8. Uptime & Service Availability
We target 99.9% uptime for the cloud dashboard. Planned maintenance will be communicated at least 48 hours in advance. We do not guarantee uninterrupted or error-free operation. The desktop agent operates locally on employee devices. Its availability depends on the employee's device being online — a factor outside our direct control.
9. Intellectual Property
The Service, including the dashboard, desktop agent, code, design, logos, and documentation, is owned by Tracknesty and protected by copyright. Your subscription grants you a limited, non-exclusive, non-transferable licence to use the Service during the subscription period. "Tracknesty" and associated marks are our trademarks.
10. Termination
Either party may terminate the subscription at any time: • You: cancel via the billing dashboard or by emailing support@tracknesty.com • Us: we may suspend or terminate for violations of these Terms, non-payment, or with 30 days notice Upon termination, data is retained for 30 days before permanent deletion.
11. Limitation of Liability
To the maximum extent permitted by law, Tracknesty shall not be liable for indirect, incidental, or consequential damages, or for damages arising from your unlawful use of monitoring features. Our total liability for any claim shall not exceed the amount you paid to us in the 3 months preceding the claim.
12. Disclaimers
The Service is provided "as is" without warranties of any kind. We do not provide legal advice — you are responsible for ensuring your use of monitoring software complies with applicable law.
13. Changes to Terms
We may modify these Terms at any time. For material changes, we will notify active subscribers via email at least 14 days before the changes take effect. Continued use after the effective date constitutes acceptance.
14. Governing Law
These Terms shall be governed by applicable law. Disputes that cannot be resolved amicably shall be subject to binding arbitration. Nothing in these Terms affects any statutory rights you may have under applicable consumer protection or employment law.
15. Contact
support@tracknesty.com Response time: within 3 business days