Terms Of Service

License For Use Of Service

EmpCloud grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our services for your internal business purposes, subject to the given Terms.

By following these terms, you are restricted to:

• Modify, adapt, translate, or create derivative works based on EmpCloud’s services.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used in connection with EmpCloud.
• Sell, resell, distribute, or sublicense EmpCloud’s services or any part thereof.
• Use EmpCloud’s services in any unlawful manner or for any unlawful purpose.
• Use EmpCloud’s services to infringe upon the intellectual property rights, privacy, or other rights of any third party.

These Terms shall apply to any upgrades provided by EmpMonitor that replace or supplement the original Service. You agree to exert reasonable efforts to safeguard the Service and any upgrades against unauthorized use, reproduction, distribution, publication, or alteration.

Modifications

EmpCloud reserves the right to modify or revise these Terms of Use at any time. Any changes will become effective upon posting the revised terms on our platform or notifying you via email or other means. It is your responsibility to review these terms periodically for updates. 

Your continued use of EmpCloud after any modifications indicates your acceptance of the updated terms. If you disagree with the modified terms, you must discontinue using EmpCloud’s services. EmpCloud may also introduce new features or services that are subject to additional terms, which will govern your use of those specific features or services.

Installation, Customization, & Updates

Upon subscribing to EmpCloud, you agree to allow the installation of necessary software components on designated devices for the purpose of accessing and utilizing our services. You may be required to perform certain installation steps as instructed by EmpCloud’s setup guidelines. Any customization or configuration of the software to suit your specific needs shall be undertaken by EmpCloud or authorized personnel in accordance with agreed-upon specifications.

EmpCloud reserves the right to push updates, patches, or upgrades to the software periodically to enhance performance, security, or functionality. These updates may occur automatically or require manual installation, and you agree to promptly install such updates as provided by EmpCloud.

Customization requests beyond standard features may be subject to additional fees or terms, to be mutually agreed upon between you and EmpCloud. Any unauthorized modification or tampering with the software is strictly prohibited and may result in termination of services.

By accepting these terms, you acknowledge that EmpCloud retains ownership of all software components and intellectual property associated with the services. As outlined in these terms, you are granted a limited, non-transferable license to use the software solely for your internal business purposes.

For questions or concerns related to installation, customization, or updates, please contact EmpCloud’s support team. Your continued use of EmpCloud signifies your acceptance of these terms regarding installation, customization, and updates.

Service Fees and Billing

By using EmpCloud’s services, you agree to pay the applicable fees based on your selected subscription plan or usage. Fees are outlined in the pricing schedule provided by EmpCloud and are subject to change with notice. Payment is due according to the agreed billing cycle, and failure to pay may result in suspension or termination of services. All fees are non-refundable unless otherwise specified. You are responsible for keeping your payment information current and accurate. EmpCloud may use third-party payment processors to facilitate transactions, and additional terms from these processors may apply. Usage of EmpCloud’s services constitutes acceptance of these fee terms and billing policies.

Termination of Services

You may terminate your use of EmpCloud at any time by ceasing to access or use our services. EmpCloud reserves the right to suspend or terminate your access to our services at our discretion, with or without cause and without prior notice. Upon termination, you must cease using EmpCloud’s services, and any outstanding fees or obligations remain due and payable. 

Sections regarding ownership, confidentiality, and limitations of liability shall survive termination. EmpCloud is not liable for any damages or losses resulting from termination of services. Contact us with any questions regarding termination of services. Your continued use constitutes acceptance of these terms regarding service termination.

Ownership and Proprietary Rights

EmpCloud’s services and all associated software, technologies, and content remain the exclusive property of EmpCloud and its licensors. By using EmpCloud, you acknowledge that you are granted a limited, non-transferable license to access and use the services for your internal business purposes only. 

You agree not to reproduce, modify, distribute, or create derivative works based on EmpCloud’s services without explicit consent. Any unauthorized use or infringement of EmpCloud’s intellectual property rights will result in termination of services and may incur legal action. All rights not expressly granted herein are reserved by EmpCloud and its licensors.

Data Usage and Consent

By using EmpCloud’s services, you consent to the collection, processing, and use of data as outlined in this section. EmpCloud may collect and analyze data related to your employees’ activities, including but not limited to computer usage, application logs, internet browsing history, keystrokes, and productivity metrics. This data is gathered to provide workforce management solutions, including employee monitoring, time tracking, productivity analysis, and compliance monitoring.

EmpCloud will handle all data in accordance with applicable laws and our Privacy Policy. We may use aggregated and anonymized data for statistical analysis, research, or product improvement purposes. Any personal or sensitive information collected will be treated with utmost confidentiality and used solely for authorized purposes.

You agree that EmpCloud may access, process, and store data on servers located within and outside your country of residence. By providing EmpCloud with access to your data, you represent and warrant that you have obtained all necessary consents and permissions required under applicable data protection laws.

EmpCloud may share data with trusted third-party service providers or business partners to deliver our services, provided that such parties agree to adhere to confidentiality and data protection obligations.

You retain ownership of all data submitted to EmpCloud and grant us a license to use such data as necessary to provide our services and fulfill our obligations under these terms. You are responsible for ensuring that your use of EmpCloud’s services complies with all applicable laws and regulations regarding data protection and privacy.

If you have any concerns about data usage or privacy, please contact EmpCloud’s support team. Your continued use of EmpCloud constitutes acceptance of these terms regarding the collection, processing, and use of data as described herein.

Content Sharing and External Links

When using EmpCloud’s services, you may have the ability to share or upload content such as text, images, files, or links. You are solely responsible for the content you share and must ensure it complies with all applicable laws and does not infringe upon the rights of others. EmpCloud reserves the right to remove or block any content that violates these terms or is deemed inappropriate.

EmpCloud’s services may contain links to third-party websites or resources. These links are provided for your convenience, and EmpCloud is not responsible for the content, accuracy, or reliability of any third-party websites. Accessing these links is at your own risk, and EmpCloud does not endorse or warrant any products, services, or information offered by third parties.

By using EmpCloud’s services, you agree to abide by these guidelines for content sharing and acknowledge the limitations and risks associated with external links.

User Materials

When you use EmpCloud’s services, you may submit or upload various materials, including data, documents, images, or other content (“User Materials”). By doing so, you grant EmpCloud a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Materials solely for the purpose of providing and improving our services.

You represent and warrant that you have the necessary rights and permissions to submit your User Materials and that your submission of such materials does not violate any third-party rights or applicable laws. EmpCloud reserves the right to remove or refuse any User Materials that we deem inappropriate, in violation of these terms, or potentially harmful to others.

You acknowledge that EmpCloud may access, store, and disclose your User Materials if required to do so by law or in good faith belief that such access, storage, or disclosure is reasonably necessary to comply with legal processes, enforce these terms, respond to claims of infringement, or protect the rights, property, or safety of EmpCloud, its users, or the public.

EmpCloud does not claim ownership of your User Materials, and you retain all intellectual property rights to them. However, by submitting User Materials, you grant EmpCloud the license described above. You are solely responsible for your User Materials and any consequences of their submission or use.

Intellectual Property Ownership

Logo or Trademark: 

The EmpCloud logo and any associated trademarks or service marks are the exclusive property of EmpCloud. You agree not to use, reproduce, or distribute the EmpCloud logo or trademarks without prior written permission from EmpCloud.

Copyright on Site Contents: 

All content displayed on the EmpCloud website, including but not limited to text, graphics, images, videos, software, and other materials, is protected by copyright laws and belongs to EmpCloud or its licensors. You may not copy, modify, reproduce, or distribute any content from the EmpCloud website without obtaining permission from the respective copyright owner.

Disclaimer

EmpCloud provides its services on an “as is” and “as available” basis without any warranties, express or implied. We do not guarantee that our services will be error-free, secure, or uninterrupted. You acknowledge and agree that your use of EmpCloud’s services is at your own risk.

EmpCloud disclaims all warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of the services, content, or information provided.

EmpCloud shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the services. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.

You agree to indemnify and hold EmpCloud harmless from any claims, damages, or losses arising from your use of EmpCloud’s services or your violation of these terms.

Limitation of Liability

EmpCloud and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use EmpCloud’s services.

You acknowledge and agree that EmpCloud’s liability for any claim arising out of or related to these terms or the services shall not exceed the amount paid by you to EmpCloud for the services during the twelve-month period preceding the event giving rise to such claim.

EmpCloud shall not be liable for any delay or failure to perform its obligations under these terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, or government actions.

These limitations and exclusions apply to the fullest extent permitted by law, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if EmpCloud has been advised of the possibility of such damages.

Violation of Rules

Users of EmpCloud must adhere to all applicable laws and regulations while using our services. Any violation of these terms, including but not limited to unauthorized access, misuse of data, or engaging in unlawful activities, will result in immediate termination of access to EmpCloud. We reserve the right to investigate and take appropriate action against any user violating these rules, including legal recourse if necessary. By using EmpCloud, you agree to report any suspected violations promptly. We encourage a respectful and lawful environment for all users.

Consent To Electronic Communications

By using EmpCloud’s services, you consent to receive communications from us electronically, including but not limited to emails, notifications, and messages within the EmpCloud platform. These communications may include service updates, account notifications, and promotional information. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You can opt out of receiving certain communications by adjusting your notification settings within your EmpCloud account. However, please note that certain critical communications are necessary for the use of our services.

Third-Party Websites

EmpCloud may contain links or integrations with third-party websites or services that are not owned or controlled by EmpCloud. We are not responsible for the content, privacy policies, or practices of these third-party websites. Accessing or using any third-party websites linked to EmpCloud is at your own risk. We recommend reviewing the terms and policies of these websites before engaging with them. EmpCloud does not endorse or warrant the offerings of any third-party websites. Any interactions or transactions with third parties are solely between you and the third party. We disclaim all liability arising from your use of any third-party websites or services.

No Fiduciary Relationship

Your use of EmpCloud does not establish any fiduciary relationship between you and EmpCloud. Nothing in these terms or the use of EmpCloud’s services creates a partnership, joint venture, agency, or employment relationship between you and EmpCloud. You agree that EmpCloud is an independent service provider, and you are solely responsible for your use of the services and any decisions or actions taken based on information obtained through EmpCloud. EmpCloud does not provide legal, financial, or professional advice. Any reliance on EmpCloud’s services is at your own risk.

No Rights Granted; Non-Assignability

Your use of EmpCloud does not grant you any ownership rights or intellectual property rights in the software or services provided. All rights, title, and interest in EmpCloud remain with EmpCloud and its licensors. You agree not to assign, transfer, or sublicense your rights or obligations under these terms without prior written consent from EmpCloud. Any attempt to do so shall be void. These terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Miscellaneous Provisions

Governing Law: These terms and your use of EmpCloud’s services shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

Dispute Resolution: Any dispute arising out of or relating to these terms or EmpCloud’s services shall be resolved exclusively in the courts located in [Jurisdiction], and you consent to the jurisdiction of such courts.

Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: The failure of EmpCloud to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

Entire Agreement: These terms constitute the entire agreement between you and EmpCloud regarding the subject matter herein and supersede all prior agreements and understandings, whether written or oral.

Suggestions and Feedback: 

By submitting any suggestions, feedback, or ideas regarding EmpCloud, you agree that such submissions are non-confidential and may be used by EmpCloud without restriction or compensation. EmpCloud has the right to implement, modify, or disregard any suggestions received. You warrant that your submissions do not infringe upon any third-party rights. EmpCloud is not obligated to respond to or implement any suggestions provided. By submitting feedback, you grant EmpCloud a perpetual, irrevocable, royalty-free license to use, modify, publish, distribute, and sublicense the feedback for any purpose.

Legal Notice

Accessing or using EmpCloud constitutes acceptance of these terms. Users must not engage in unauthorized access or use of the platform. All content on EmpCloud, including text, images, and data, is the property of EmpCloud and protected by intellectual property laws. Users are solely responsible for their actions and content posted on EmpCloud. We reserve the right to suspend or terminate accounts violating these terms. EmpCloud is provided “as is” without warranties. We are not liable for any damages arising from the use of this platform. Continued use of EmpCloud implies acceptance of these terms.

Dispute Resolution and Arbitration

In the event of any dispute arising out of or relating to the use of EmpCloud, both parties agree to resolve the dispute through binding arbitration. This agreement to arbitrate waives any right to bring claims in court, including class action lawsuits or actions brought on behalf of a purported class.

Arbitration proceedings will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) or similar arbitration body agreed upon by both parties. The location of the arbitration shall be [Specify location]. The arbitrator’s decision shall be final and binding and may be enforced in any court of competent jurisdiction.

Each party shall bear its own costs associated with the arbitration, including attorneys’ fees. However, the prevailing party may be entitled to recover reasonable attorneys’ fees and costs from the other party as determined by the arbitrator.

By using EmpCloud, you agree to waive any right to participate in a class action lawsuit or class-wide arbitration. If any portion of this Dispute Resolution and Arbitration section is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Your continued use of EmpCloud constitutes acceptance of this Dispute Resolution and Arbitration clause. For any questions regarding these terms, please contact us at [support@empcloud.com].

Minimum Age of Users: 

Users must be at least 18 years old to access EmpCloud. By using this platform, you confirm that you meet the minimum age requirement. If you are under 18, you must have parental or guardian consent to use EmpCloud. We reserve the right to verify age and suspend accounts found in violation of this policy. Users under 18 without proper consent are prohibited from using EmpCloud. We are not liable for inaccurate age information provided by users. Your use of EmpCloud signifies compliance with this age requirement.

Final Provisions:

These terms constitute the entire agreement between users and EmpCloud, superseding any prior agreements. Any modifications or waivers must be in writing and acknowledged by both parties. If any provision is found invalid, the remainder of the terms remain in effect. 

Users may not assign rights or obligations under these terms without EmpCloud’s consent. We reserve the right to transfer rights or obligations to a third party. The failure to enforce any provision does not waive our right to do so later.