Terms of Service

The agreement between MunkiSee and every organisation that uses it. Plain language where possible, precise language where necessary.

Read section 6 even if you read nothing else

MunkiSee is workplace monitoring software. The laws governing employee monitoring differ by country, state, and province, and you — not MunkiSee — are responsible for complying with the ones that apply to your workforce. That includes what you must tell employees before monitoring begins, and it applies with particular force if you enable recording outside working hours. Section 6 sets out exactly what you are agreeing to.

1. The agreement

These Terms of Service (the "Terms") are a binding agreement between MunkiSee ("we", "us") and the organisation that creates a MunkiSee account, purchases a subscription or licence, or installs the MunkiSee server or agent software (the "Customer", "you"). By doing any of those things, you accept these Terms on behalf of your organisation and represent that you have authority to do so. If you have a separately signed agreement with MunkiSee (for example an Enterprise order form), that agreement prevails where the two conflict.

The Privacy Policy and, where we process personal data on your behalf, the Data Processing Agreement are incorporated into these Terms by reference.

2. Definitions

• "Service" — the MunkiSee cloud platform at app.munkisee.com, the MunkiSee device agent, the self-hosted MunkiSee server software, and associated documentation and support.
• "Agent" — the software installed on end-user devices that reports activity states to a MunkiSee server.
• "Monitored User" — a person whose device runs the Agent.
• "Administrator" — a person the Customer authorises to access the MunkiSee dashboard.
• "Customer Data" — all data submitted to the Service by or on behalf of the Customer, including activity data collected by the Agent.
• "Seat" — one enrolled device reporting to the Service under the Customer's licence.

3. The Service

MunkiSee measures device activity presence — active, idle, paused, and offline states — and presents it as utilisation reporting. It is described accurately in the documentation and the Privacy Policy, including what the Agent does and does not collect. We warrant that the Agent does not capture keystroke content, screenshots, browsing history, application or window titles, or message content, and we will not add such capture to the Service without conspicuous notice and your explicit opt-in.

The Service is offered as managed cloud plans (Basic, Growth, Scale) and as a self-hosted Enterprise licence. Section 11 contains additional terms specific to self-hosting.

4. Accounts and security

You are responsible for the actions of your Administrators and for keeping credentials confidential. Multi-factor authentication is mandatory for organisation owners and available to all Administrators; you agree not to circumvent it. You will notify us promptly of any suspected unauthorised access to your account. We may suspend an account showing evidence of compromise while we work with you to secure it.

5. Subscriptions, seats, and payment

Cloud plans are billed per Seat on a recurring subscription through our payment processor, Stripe. Your Seat count is measured from actual device enrolment: if you enrol more devices than your current Seat count, the count — and your next invoice — increases automatically to match. Seat reductions take effect at the next billing period. Prices are as published on the pricing page or in your order form; we will give at least 30 days' notice of price changes, effective from your next renewal.

Enterprise customers may be invoiced with 30-day payment terms. Overdue accounts receive reminder notices; we may suspend the Service for accounts that remain unpaid after those notices, and reinstate it promptly on payment. Suspension for non-payment does not delete Customer Data, but section 15 (termination) eventually applies to accounts that remain unpaid.

Trials are free, time-limited, and provided as-is; at the end of a trial the account converts to a paid plan you select, or is closed and its data deleted.

6. Lawful use of monitoring — your responsibilities

Employee monitoring is regulated. The rules differ materially between jurisdictions — by country, and within countries by state or province — covering whether monitoring is permitted at all, what notice employees must receive, whether consent or works-council consultation is required, what may be recorded outside working hours, and how long records may be kept. You represent and warrant that you are aware of, and will comply with, the laws and legislation of every jurisdiction in which your Monitored Users are located, including employment law, surveillance and listening-devices law, and data-protection law, and that you will obtain any notice, consent, consultation, or impact assessment those laws require before deploying the Agent to a device.

This applies with particular force to the out-of-hours "full" recording mode. By default, MunkiSee discards or aggregates activity outside your configured schedule. If you choose to enable full out-of-hours recording, the dashboard will warn you and require an explicit confirmation, and your confirmation is recorded in a durable audit log. By enabling that mode you acknowledge that you have been warned, that recording outside working hours is subject to stricter rules in many jurisdictions, and that the decision — and responsibility for its lawfulness under the laws that apply to you — is solely yours.

MunkiSee provides configuration tools — schedules, out-of-hours modes, retention controls, pause, calendar-based exclusions — that can support compliance, but MunkiSee does not provide legal advice, and nothing in the Service, its defaults, its warnings, or its documentation constitutes advice that any particular configuration is lawful for your workforce. You agree to consult your own counsel where you are unsure.

You agree to use the Service only to monitor devices you own or manage and people you employ or engage, who you have informed as required by applicable law. You will not use the Service to monitor members of the public, private individuals, or anyone outside that relationship.

7. Acceptable use

• No use of the Service in violation of law, including the laws described in section 6.
• No attempting to access another customer's tenant or data, or to probe, scan, or test the vulnerability of the Service except through our coordinated disclosure process.
• No reselling, sublicensing, or offering the Service to third parties as a service bureau, except under a written reseller or MSP agreement with us. Managing your own clients' fleets under an IT-services engagement is permitted, provided you carry the section 6 obligations through to each client.
• No circumventing Seat counting, licence enforcement, or usage limits.
• No reverse engineering the Service except to the extent a law expressly permits it notwithstanding this clause.
• No tampering with the Agent's user-visible tray state or its pause control to conceal monitoring from a Monitored User.

8. Customer Data

Customer Data is yours. You grant us the licence to host, process, and transmit it only as needed to provide the Service, support you, and meet our legal obligations. For personal data in Customer Data, you are the controller and we are the processor, and the DPA governs. We do not sell Customer Data, use it for advertising, or use it to train machine-learning models.

You are responsible for the accuracy and lawful origin of Customer Data, including manual activity records your Administrators create or edit — the dashboard attributes such edits to their author in the audit log, and they are your records, not our assertions.

9. Intellectual property

The Service, including all software, design, and documentation, is owned by MunkiSee and its licensors, and is licensed, not sold. These Terms grant no rights in our trademarks. If you send us feedback or suggestions, we may use them without obligation; nothing in this clause transfers ownership of your feedback beyond that use.

10. Third-party services

Payment processing is provided by Stripe under its own terms. Where you configure the Service to use your own infrastructure — your SMTP server for report email, your Microsoft tenant for single sign-on — the third-party service is governed by your agreement with that provider, and its availability is outside our control.

11. Self-hosted Enterprise deployments

The self-hosted server is licensed per your order form, for use on infrastructure you control, subject to these Terms. Licence state and seat counts are exchanged with our licensing service; that telemetry is the only data a self-hosted install sends us. We have no access to your activity data, and consequently: backups, retention, restoration, and access control on a self-hosted deployment are your responsibility (the product includes tooling for each), and the DPA does not apply to activity data we never process. Recovery credentials for a self-hosted install are issued through the mechanisms described in the documentation; keep them as safe as the data they unlock.

12. Availability and support

We operate the cloud Service to be continuously available, publish live component status on the status page, and schedule maintenance to minimise disruption. Unless your order form includes a service-level agreement, availability targets are goals, not guarantees. Support is provided through the in-product Help Centre and the contact form, with a two-business-day response target.

13. Warranties and disclaimers

We warrant that the Service will perform materially as described in its documentation and that we will provide it with reasonable skill and care. Except for that, and to the maximum extent permitted by law, the Service is provided "as is": we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that measurement will be uninterrupted or error-free — activity measurement depends on device clocks, networks, and agents operating in environments we do not control, and the product surfaces data-quality signals precisely because measurement can degrade. Activity data is evidence for human judgement, not a verdict; you agree not to treat MunkiSee output as the sole basis for adverse action against any person.

Where consumer-protection or other law implies terms that cannot be excluded, our liability for breach of them is limited, at our election, to re-supplying the Service or paying the cost of re-supply.

14. Limitation of liability and indemnity

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, and each party's total aggregate liability under these Terms is capped at the fees you paid us in the twelve months before the event giving rise to the claim. These limits do not apply to your payment obligations, to either party's liability for wilful misconduct or fraud, or to your obligations under this section's indemnity.

You will defend and indemnify MunkiSee against claims, damages, and costs (including reasonable legal fees) arising from your breach of section 6 — including claims by Monitored Users, employees, works councils, or regulators alleging unlawful monitoring, inadequate notice, or unlawful out-of-hours recording — and from Customer Data you supplied unlawfully. We will notify you promptly of any such claim and let you control the defence, at your expense.

15. Term, suspension, and termination

These Terms apply from your first use of the Service and continue while you have an active subscription or licence. You may cancel at any time, effective at the end of the current billing period. We may suspend the Service for material breach (including non-payment and section 6/7 violations) on notice, and terminate if the breach is not cured within 30 days — or immediately for breaches of law or serious misuse.

On termination or expiry: your Administrators may export Customer Data via the dashboard's reporting and backup tools for 30 days, after which the tenant and its data are deleted as described in the Privacy Policy. Self-hosted licences terminate with the agreement, and licence enforcement will reflect that; your local data remains yours. Sections 6, 8, 9, 13, 14, and 17 survive termination.

16. Changes

We improve the Service continuously and may change or retire features, giving reasonable notice of material reductions. We may update these Terms; material changes will be notified to Administrators by email at least 30 days before taking effect, and continued use after the effective date is acceptance. If you object to a material change, you may terminate before it takes effect and receive a pro-rata refund of prepaid fees for the unused period.

17. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of its courts, except that either party may seek injunctive relief in any competent court to protect intellectual property or confidential information. Before filing suit, the parties will attempt in good faith to resolve any dispute through direct negotiation for 30 days. Nothing in this clause overrides mandatory consumer or data-protection law of a Monitored User's or Customer's home jurisdiction where that law grants rights that cannot be waived — which is, once more, section 6's point: those laws are yours to know.

18. General

These Terms, with the documents they incorporate and any order form, are the entire agreement and supersede prior discussions. Neither party may assign them without the other's consent, except to an affiliate or in connection with a merger or sale of substantially all assets. If a clause is unenforceable, the remainder stands. A failure to enforce is not a waiver. Notices to you go to your Administrators' registered email addresses; notices to us go through the contact form or the address on your invoice. Neither party is liable for delay caused by events beyond its reasonable control.