Terms of Service

ClockWitness is provided by Espírito Rebelde Publicidade e Marketing Lda.

Address: Rua da Fábrica 222, Armazém 2, 4470-768 Maia, Portugal

Registration number: 509360378

Contact for questions about these Terms and about data processing: Bruna Teixeira, privacy@clockwitness.com.

ClockWitness is intended for businesses and professionals, for use in their business, and not for consumers. Whoever creates the account or accepts these Terms confirms that they are authorised to bind the company.

By creating the account or using the service, the customer accepts these Terms and the Data Processing Agreement.

ClockWitness is a work-time tracking platform for teams. Depending on the configuration the customer chooses, it includes a desktop agent that records time, takes screenshots at the cadence the customer sets and records the level of keyboard and mouse activity (never what is typed) and, if the customer keeps it on, application names and window titles; a mobile app for clocking in and out, with optional location; and schedules, absences, reports and timesheets.

We may improve and change the service. If a change significantly reduces a paid feature, we will give account owners reasonable notice by email.

The customer is responsible for the people it invites, the roles it gives them (owner, manager, member or client) and what they do in the account. It must keep credentials secure and tell us without delay of any unauthorised use. Two-factor authentication is available to everyone and the owner can make it mandatory for the whole company.

New accounts start with a free 30-day trial. We email the owner 7 days and 1 day before it ends, and again on the day it ends.

If no payment method has been added by the end of the trial, the account is blocked: no new work can be recorded, and the dashboard takes the owner to the billing page. The block does not delete any data; it ends as soon as a payment method is added.

Current prices are those shown on the pricing page.

Billing is in 30-day cycles, charged in advance at the start of each cycle, based on the number of active people in the account at the time of each charge. Any credit on the account is used before we charge the payment method.

Payments are processed by a payment provider. Card details are entered directly on that provider's page and never pass through our servers.

If a charge fails, we email the owner and the service keeps working for 7 days. If payment is not settled within that period, the account is suspended, with the same effect as the block described in section 5, and we notify the owner again. Suspension does not delete any data and ends when payment is settled.

If we change our prices, we will tell account owners by email before the change applies to their account. Except where the law requires otherwise, amounts paid are not refunded, including any unused part of the current cycle when the account is closed.

For the data of the people who work for it, the customer is the controller and ClockWitness the processor. The customer is responsible for complying with the employment and data protection laws of every country where those people work, in particular:

• obtain each person's consent to the capture of their own screen before turning on screenshots for them;
• having a legal basis for each feature it enables (screenshots, application and window tracking, location);
• telling people, before starting, what is recorded, why and for how long, and consulting their representatives where the law requires it;
• carrying out a data protection impact assessment where one is required;
• choosing capture cadences and retention periods proportionate to the purpose.

It is not permitted to:

• monitor people without their knowledge or outside working time;
• install the agent on computers of people who do not work for the customer, or without their knowledge;
• use the service for unlawful or discriminatory purposes;
• try to circumvent technical, security or billing limits, reverse-engineer or overload the service;
• resell the service without our written agreement.

We may suspend access in the event of a serious breach of these rules or a risk to the security of the service or of third parties, giving the customer notice beforehand whenever reasonable.

The data the customer and its users enter, or that the agent and the app collect, belongs to the customer. We process it only to provide the service, under the Data Processing Agreement. We do not sell it or use it for advertising.

The customer decides how long screenshots are kept, between 30 and 365 days (90 days by default). When that period ends, they are deleted automatically. Other records are kept for as long as the account exists.

The customer can export its reports and records at any time, in CSV and PDF. Screenshot images are not included in exports.

The customer can close the account at any time: the owner requests deletion in the billing area and confirms it by typing the company's name. The subscription is cancelled immediately and there are no further charges. We then generate a full export of the records (without screenshot images) and only once that export has completed do we permanently delete the company, its users, its records and the stored screenshots. If the export fails, nothing is deleted and the owner is notified.

The closure export is sent to the owner by email, as a personal link to download it. The link works without signing in, even after the account has been deleted, for 30 days; after that period it stops working and the file is deleted from our servers.

Once deleted, the account no longer gives access to the dashboard. Before requesting closure, download the reports and records you need.

Deleted data disappears from backups as they expire: daily database backups are kept for 30 days, and the other backups rotate and are replaced periodically.

We may terminate these Terms, and close the account, in the event of a serious breach that is not remedied after notice or, for any other reason, with reasonable prior notice to the owner by email.

To the extent permitted by law, the service is provided "as is". ClockWitness records and screenshots are one means of evidence among others; we do not guarantee that they will be accepted by a court or an authority in any given case.

To the extent permitted by applicable law, neither party is liable for lost profits, loss of business or indirect damages, and our total liability is limited to the amount the customer paid us in the 6 months before the event giving rise to it.

The customer indemnifies us against third-party claims, including from people who work for it and from authorities, arising from use of the service in breach of the law or of these Terms, in particular from monitoring people without a legal basis or without informing them.