Legal
Terms of Use
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1. Acceptance of terms
By accessing or using the Vitalocrap website or software service ("the Service"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you (or the organisation you represent, "Customer") and Vitalocrap. If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have authority to bind that organisation.
2. Description of the Service
Vitalocrap provides employee monitoring and surveillance software, including screen capture, keystroke logging, activity reporting, communications monitoring, silent deployment capabilities, and an administrative console ("the Service"). The Service is designed for use by organisations to monitor activity on company-owned or company-managed devices and networks. The Service is not intended for monitoring personal devices or individuals outside an employment or equivalent contractual relationship.
3. Eligibility
You must be at least 18 years of age and have full legal capacity to enter into binding contracts. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. The Service is available to businesses and organisations only; it is not available to consumers acting in a personal capacity.
4. Account registration
You must register for an account to access the Service. You agree to provide accurate, current, and complete registration information and to keep it updated throughout the term of your subscription. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any actual or suspected unauthorised access to your account. We reserve the right to suspend or terminate accounts where we reasonably suspect a security breach.
5. Customer obligations and legal compliance
You are solely responsible for ensuring your deployment and use of the Service complies with all applicable laws in every jurisdiction in which you operate, including but not limited to: (a) employment and labour law, including any requirements to consult with employee representatives or works councils before introducing monitoring; (b) data protection and privacy law, including the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the UK GDPR, and any applicable national implementing legislation; (c) any obligation to notify, inform, or obtain consent from monitored employees before monitoring commences; (d) telecommunications and interception laws; and (e) any sector-specific regulatory requirements. Vitalocrap does not provide legal advice. We strongly recommend that you obtain independent legal advice before deploying the Service. Vitalocrap accepts no liability for your failure to comply with applicable law.
6. Employee transparency and consent
Where required by applicable law (including GDPR Articles 13 and 14), you must provide monitored employees with clear, accessible, and prior notice of: the fact that monitoring is taking place; the categories of data collected; the purposes and legal basis for monitoring; the retention period for monitoring data; and their rights as data subjects. You must not use the Service to conduct covert monitoring of employees except where expressly permitted by applicable law and only to the extent strictly necessary. You are responsible for conducting any required Data Protection Impact Assessment (DPIA) under GDPR Article 35 before deploying the Service.
7. Data processing
To the extent that you process personal data of your employees using the Service, you act as data controller and Vitalocrap acts as data processor within the meaning of GDPR Article 28. Our processing of such data is governed by the Data Processing Agreement ("DPA") available upon request, which forms part of these Terms. By using the Service, you agree to the terms of the DPA. You must not instruct us to process personal data in a manner that would violate applicable data protection law.
8. Acceptable use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not: (a) use the Service to monitor individuals without lawful authority or in violation of applicable law; (b) use the Service to harass, discriminate against, or harm any individual; (c) attempt to gain unauthorised access to any part of the Service or its underlying infrastructure; (d) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service; (e) resell, sublicense, or transfer access to the Service without our prior written consent; (f) use the Service to process special category data (as defined in GDPR Article 9) without implementing appropriate additional safeguards and obtaining our prior written consent; or (g) use the Service in any manner that could damage, disable, or impair the Service or interfere with other users.
9. Subscription and payment
Access to the Service requires a paid subscription. Fees are charged in advance on a monthly or annual basis as selected at sign-up and are stated exclusive of VAT or other applicable taxes, which will be added where required by law. All fees are non-refundable except as required by applicable consumer or statutory law, or as expressly stated in our refund policy. We reserve the right to change pricing with at least 30 days' written notice. Continued use of the Service after a price change takes effect constitutes acceptance of the revised pricing. Failure to pay fees when due may result in suspension or termination of your account.
10. Intellectual property
All intellectual property rights in the Service, including software, source code, design, trademarks, trade names, and documentation, are owned by or licensed to Vitalocrap. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes during the term of your subscription. No other rights are granted. You must not remove or alter any proprietary notices or labels on the Service.
11. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party, or is required to be disclosed by law or court order.
12. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, to the fullest extent permitted by applicable law. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that the Service will meet your specific requirements or that results obtained from use of the Service will be accurate or reliable. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable law, including statutory rights of consumers where applicable.
13. Limitation of liability
To the fullest extent permitted by applicable law: (a) Vitalocrap shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunity, arising out of or in connection with these Terms or the Service; (b) our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Service shall not exceed the total fees paid by you in the 12 months preceding the event giving rise to the claim. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Vitalocrap and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service in violation of these Terms or applicable law; (b) your failure to comply with applicable employment, data protection, or privacy law in connection with your deployment of the Service; (c) any claim by a monitored employee arising from your use of the Service; or (d) your infringement of any third-party intellectual property rights.
15. Term and termination
These Terms remain in effect for the duration of your subscription. Either party may terminate for convenience with 30 days' written notice. We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees when due, or if we are required to do so by law. Upon termination, your right to access the Service ceases immediately. We will delete or return your monitoring data in accordance with the Data Processing Agreement. Provisions that by their nature should survive termination (including intellectual property, confidentiality, limitation of liability, and governing law) shall survive.
16. Changes to these Terms
We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on our website at least 14 days before the changes take effect. If you do not agree to the revised Terms, you must stop using the Service before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
17. Governing law and disputes
These Terms are governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Ireland, except that either party may seek urgent injunctive or other equitable relief in any court of competent jurisdiction. If you are a consumer in the EU, you may also have the right to refer a dispute to the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
18. General
These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and Vitalocrap regarding the Service and supersede all prior agreements and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.