Terms and Conditions

Introduction

Please read these Terms and Conditions carefully before accessing, creating an account, subscribing to, purchasing, or using Monicrew.

These Terms and Conditions ("Terms" or "Agreement") govern the relationship between Monicrew ("Monicrew," "we," "us," or "our") and any person or organization ("you," "user," "customer," or "client") accessing or using our website, application, software, features, subscriptions, and related services.

Monicrew provides employee time tracking, attendance and shift management, leave management, activity and application monitoring, productivity analytics, optional screen capture, reporting, and related workforce productivity services.

By creating an account, purchasing a subscription, or using Monicrew, you confirm that you have read, understood, and agreed to these Terms.

If you do not agree with these Terms, you must not access or use Monicrew.

1. Service Updates

Monicrew may modify, improve, add, remove, replace, or discontinue features of the Services from time to time.

We may also update:

• Subscription plans
• Pricing
• Usage limits
• Integrations
• Technical requirements
• Security requirements
• Policies
• Features
• Service availability

Where reasonably possible, we will provide notice of material changes that significantly affect customers.

Continued use of Monicrew after updated Terms become effective constitutes acceptance of those updated Terms, subject to applicable law.

2. Eligibility and Account Registration

You must provide accurate and current information when creating a Monicrew account.

You are responsible for maintaining the accuracy of your account information.

You must not:

• Create an account using false information
• Impersonate another person or organization
• Create accounts for fraudulent purposes
• Allow unauthorized individuals to access your account

You are responsible for all activities performed through your account unless caused directly by a security failure attributable to Monicrew.

3. Account Security

You are responsible for protecting your:

• Password
• Login credentials
• Connected devices and agents
• Authentication information
• API credentials
• Workspace access

You must notify Monicrew promptly if you believe your account has been compromised or accessed without authorization.

Monicrew may temporarily restrict an account where suspicious or potentially unauthorized activity is detected.

4. Services Offered

Depending on your subscription and available features, Monicrew may provide services including:

• Automatic time tracking
• Project and task time allocation
• Attendance and clock-in records
• Shift rosters and adherence reporting
• Leave requests and approvals
• Employee and workforce records
• Application and website activity monitoring
• Idle time detection
• Productivity scoring
• Optional screen capture
• Real-time team dashboards
• Scheduled and ad-hoc reporting
• Data export
• Integrations
• Team or workspace functionality

Features available to you may depend on your subscription plan.

Monicrew may introduce, modify, or remove features as the platform develops.

5. Subscription Plans

Certain Monicrew features require a paid subscription.

Subscription plans may differ according to:

• Number of users
• Number of monitored devices
• Employee record limits
• Project limits
• Data retention limits
• Screen capture limits
• Report scheduling limits
• Automation features
• Analytics
• Storage
• Other functionality

The features and limits applicable to your subscription will normally be displayed before purchase.

6. Customer Data

You retain responsibility for data you upload, import, create, or process through Monicrew.

Customer data may include:

• Employee and worker records
• Job titles, teams, and reporting lines
• Tracked time and session records
• Attendance, shift, and leave records
• Activity and application data
• Productivity scores
• Screen captures, where enabled
• Projects, tasks, and clients
• Uploaded files
• Custom fields and tags

You grant Monicrew the limited right to process this information solely as necessary to provide, secure, maintain, and improve the Services in accordance with our Privacy Policy and applicable agreements.

You represent that you have the necessary rights and lawful basis to upload and process information through Monicrew.

7. Monitoring Agents and Connected Devices

Monicrew may allow you to install monitoring agents on devices used for work in order to enable time tracking and the features you select.

By deploying an agent, you authorize Monicrew to collect the categories of data corresponding to the modules you have enabled.

You are responsible for:

• Ensuring you are entitled to deploy the agent on the relevant device
• Informing the people whose devices are monitored, as required by law
• Configuring only the modules appropriate to your purpose
• Maintaining appropriate device and account security
• Reviewing your configuration when roles or purposes change

Monicrew may disconnect or limit an agent where required for security, compliance, or technical reasons.

8. Customer Responsibility for Monitoring

You are solely responsible for the monitoring you carry out using Monicrew, including which modules you enable and who they apply to.

You must ensure that your use of the Services complies with all laws and regulations applicable to you and to the people you monitor.

This includes applicable rules concerning:

• Privacy and data protection
• Employment and labour law
• Workplace monitoring and surveillance
• Works council and employee consultation rights
• Consent, where consent is required
• Transparency and prior notice
• Data protection impact assessments
• Personal data and data subject rights
• Automated decision-making

You are responsible for determining the lawful basis for your monitoring, and for ensuring it remains proportionate to that purpose.

You must promptly respond to valid access, correction, objection, and erasure requests from the people whose data you process.

9. Prohibited Monitoring Activity

Monicrew must not be used to:

• Monitor a person without a lawful basis
• Monitor a person covertly where notice is legally required
• Monitor personal devices without the appropriate right to do so
• Monitor individuals outside a legitimate working relationship
• Track a person’s activity outside the scope you have disclosed
• Conduct unlawful surveillance of any kind
• Harass, intimidate, or discriminate against an individual
• Circumvent the transparency features provided in the platform
• Collect special categories of personal data without a lawful basis
• Infringe another person’s privacy or legal rights

Monicrew may investigate suspected violations and restrict or terminate accounts where necessary.

10. Workforce Records

You are responsible for the employee and workforce records created or imported into Monicrew.

You must not knowingly use Monicrew with personal information obtained unlawfully, or process personal information relating to people outside your organization without a lawful basis.

You are responsible for maintaining appropriate records concerning the origin and lawful use of the personal information you process, where required.

Monicrew does not guarantee the accuracy, completeness, or currency of customer-provided workforce records.

11. Employee Transparency

Where Monicrew provides employee-facing transparency features, customers must not attempt to defeat them.

You must not intentionally:

• Conceal from an individual that monitoring is taking place, where notice is required
• Misrepresent which modules are enabled
• Circumvent or disable the employee view of a person’s own data in order to conceal monitoring
• Present monitoring data as more precise or conclusive than it is
• Use the Services in a way designed to avoid a legal obligation to inform or consult

Monicrew may retain limited configuration records where necessary to demonstrate how a workspace was set up.

12. Accuracy of Tracking and Analytics

Monicrew does not guarantee that tracking and analytics data will:

• Capture every minute of work performed
• Reflect work performed away from a monitored device
• Correctly categorise every application or website
• Distinguish perfectly between active work and inactivity
• Produce a complete measure of an individual’s performance
• Be free of gaps, errors, or synchronisation delays

Tracking and measurement may be affected by factors outside Monicrew’s control, including:

• Device performance and configuration
• Operating system restrictions and permissions
• Virtual machines and remote desktop sessions
• Assistive and accessibility technologies
• Network conditions and offline periods
• Applications that report window information inconsistently
• Meetings, calls, and work performed on paper
• Customer configuration choices

Monicrew provides tools to support workforce visibility but does not guarantee particular management outcomes.

13. Activity Monitoring

Monicrew may provide application, website, idle time, and activity monitoring functionality, together with productivity scores derived from that data.

Monitoring data may not always be completely accurate, because device configurations, operating system restrictions, remote desktop sessions, accessibility tools, and other technologies can affect what the agent is able to observe.

Productivity scores are indicators derived from device activity. They are not a measure of the quality or value of a person’s work, and should not be used as the sole basis for a decision affecting an individual.

You are responsible for ensuring that your use of monitoring functionality complies with applicable laws.

14. Screen Capture

Where you enable screen capture, you acknowledge that it is an optional module and that you are responsible for deciding whether it is appropriate and lawful for your organization.

Monicrew does not guarantee that captures will:

• Be taken at exactly the configured interval
• Succeed on every device or operating system
• Capture every display in a multi-monitor configuration
• Be legible at every blur setting
• Exclude information a person considers private

You are responsible for informing the people it applies to, for configuring blur and frequency appropriately, and for disabling the module where it is not proportionate.

15. Attendance and Leave Management

Where you use the attendance, shift, and leave features, you acknowledge that Monicrew records and reports the information you and your people enter and the activity the agent observes.

Monicrew does not:

• Determine your working time policies
• Determine leave entitlements or accruals
• Approve or reject leave requests
• Calculate payroll or make payments
• Guarantee compliance with working time or employment law

You remain responsible for your working time policies, entitlement calculations, approval decisions, and payroll processes, and for ensuring they comply with applicable law.

16. Third-Party Integrations

Monicrew may integrate with third-party services.

Your use of third-party services may also be governed by their own terms, policies, limits, and technical requirements.

Monicrew is not responsible for:

• Third-party outages
• API changes
• Provider restrictions
• Account suspensions imposed by third parties
• Third-party policy changes
• Third-party security incidents outside our control
• Third-party service discontinuation

Monicrew may change or discontinue an integration where the relevant third-party service changes or becomes unavailable.

17. Restrictions

You may not, and may not permit another person to:

17.1 Reverse engineer, decompile, disassemble, or attempt to discover Monicrew source code except where such restriction is prohibited by applicable law.

17.2 Copy, modify, reproduce, or create unauthorized derivative versions of the Monicrew platform.

17.3 Sell, sublicense, rent, lease, distribute, or commercially provide access to Monicrew without authorization.

17.4 Circumvent subscription, security, authentication, or usage restrictions.

17.5 Attempt to gain unauthorized access to another user's account or data.

17.6 Interfere with or disrupt Monicrew infrastructure.

17.7 Use automated tools to scrape Monicrew unless specifically authorized.

17.8 Upload viruses, malware, or malicious code.

17.9 Use Monicrew to violate another person's privacy, intellectual property, or legal rights.

17.10 Misrepresent your identity or sender information.

17.11 Use the Service to develop or operate an unauthorized competing service using Monicrew's proprietary technology or confidential information.

18. Service Suspension and Account Termination

Monicrew may suspend, restrict, or terminate an account where we reasonably believe that:

• These Terms have been violated
• Payment remains overdue
• Fraudulent payment activity has occurred
• Monitoring is being conducted unlawfully
• Fraud is detected
• Illegal activity is occurring
• Security is at risk
• Another person's account is being accessed without permission
• Monicrew infrastructure is being abused
• Applicable law requires suspension
• A valid authority requires action
• Third-party provider requirements make continued service impossible
• Continued activity creates significant risk to Monicrew, our users, or third parties

Serious violations may result in immediate suspension or termination.

Refund eligibility following termination is governed by our Refund Policy.

19. Service Interruption and Modifications

Monicrew aims to provide reliable service but does not guarantee uninterrupted or error-free availability.

Service may occasionally be affected by:

• Maintenance
• Software updates
• Infrastructure failures
• Network outages
• Cyberattacks
• Third-party provider failures
• Internet disruptions
• Emergency maintenance
• Events outside our reasonable control

Monicrew may temporarily modify, restrict, or suspend part of the Service when reasonably necessary for maintenance, security, or operational purposes.

20. Intellectual Property Rights

Monicrew and its licensors retain all rights, title, and interest in the Monicrew platform and associated intellectual property.

This includes, where applicable:

• Software
• Source code
• Interfaces
• Designs
• Branding
• Logos
• Documentation
• Website content
• Databases
• Platform architecture
• Features
• Proprietary technology

Except for the limited right to use Monicrew under these Terms, no ownership rights are transferred to you.

21. License to Use Monicrew

Subject to compliance with these Terms and payment of applicable fees, Monicrew grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your active subscription.

This license does not permit you to reproduce, resell, sublicense, or commercially redistribute Monicrew unless expressly authorized.

22. Feedback

You may provide suggestions, ideas, feature requests, or other feedback regarding Monicrew.

By providing feedback, you permit Monicrew to use that feedback to develop, improve, modify, or market our Services without an obligation to compensate you.

Providing feedback does not transfer ownership of your underlying customer data to Monicrew.

23. Payment and Billing

Customers must pay applicable subscription and service fees according to the selected plan.

Prices may be displayed monthly, annually, or according to another applicable billing period.

You authorize Monicrew or its payment provider to charge your selected payment method for applicable charges.

You are responsible for:

• Subscription charges
• Add-on purchases
• Usage charges
• Applicable taxes
• Other charges accepted during purchase

Failure to pay amounts when due may result in restriction or suspension of Services.

24. Automatic Renewal

Unless otherwise stated during purchase, paid subscriptions may automatically renew at the end of each applicable billing period.

You are responsible for cancelling your subscription before the next renewal date if you do not wish to continue.

Cancellation does not automatically result in a refund.

Refund eligibility is determined according to the Monicrew Refund Policy.

25. Refund Policy

Refund requests are governed by our separate Refund and Cancellation Policy.

Where applicable, eligible refund requests must be submitted within the period specified in that policy.

Cancellation of a subscription alone does not guarantee a refund.

26. Promotions and Discounts

Monicrew may offer:

• Promotional prices
• Discount codes
• Trials
• Credits
• Special offers
• Partner promotions

Promotions may have separate eligibility requirements, expiration dates, or limitations.

Unless expressly stated otherwise, promotional benefits:

• Have no cash value
• Cannot be transferred
• Cannot be combined with other offers
• May expire
• May be limited to eligible accounts

Monicrew may modify or discontinue promotions where legally permitted.

27. Privacy and Data Protection

Our collection and processing of personal information is governed by our Privacy Policy.

Where Monicrew processes customer-controlled personal data on behalf of a customer, additional terms may be governed by our Data Processing Agreement.

Customers remain responsible for ensuring that personal information they upload or process through Monicrew has been collected and used lawfully.

28. Security

Monicrew uses reasonable technical and organisational measures designed to protect the platform and customer information.

However, no internet-based system can guarantee complete security.

Customers are responsible for:

• Protecting passwords
• Protecting account credentials
• Managing workspace access
• Maintaining secure devices
• Reviewing connected integrations
• Reporting suspected unauthorized access

You must not intentionally attempt to bypass Monicrew security measures.

29. Disclaimer of Warranties

To the maximum extent permitted by applicable law, Monicrew and its Services are provided on an "as is" and "as available" basis.

We do not guarantee that:

• The Service will always be uninterrupted
• Every feature will always be available
• Every minute of work will be captured
• Activity data will always be complete or accurate
• Application and website categorisation will always be correct
• Productivity scores will reflect the value of a person’s work
• Screen capture will succeed on every device or configuration
• Reports will be free of errors or omissions
• Third-party integrations will remain available

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

30. Limitation of Liability

To the maximum extent permitted by applicable law, Monicrew will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the Services.

This may include loss of:

• Revenue
• Profits
• Business opportunities
• Reputation
• Customers
• Data
• Reporting outcomes

To the maximum extent legally permitted, Monicrew's aggregate liability arising from the Services will not exceed the fees paid by you to Monicrew during the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

31. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Monicrew and its officers, employees, affiliates, and representatives from claims, losses, liabilities, damages, or reasonable expenses arising from:

• Your unlawful use of Monicrew
• Your monitoring activities
• Your workforce records
• Your violation of these Terms
• Your violation of applicable laws
• Your infringement of third-party rights
• Your misuse of personal information
• Unlawful or concealed monitoring carried out through your account

32. Third-Party Websites

Monicrew may contain links to websites or services operated by third parties.

Monicrew does not control those websites and is not responsible for their:

• Content
• Services
• Privacy practices
• Terms
• Security
• Availability

Accessing third-party websites is at your own discretion.

33. Marketing Communications from Monicrew

Where permitted by applicable law and based on your communication preferences, Monicrew may send information concerning:

• New features
• Product updates
• Offers
• Educational materials
• Promotions
• Company news

You may unsubscribe from optional marketing communications.

We may continue sending essential communications concerning:

• Account security
• Billing
• Account verification
• Password resets
• Service changes
• Legal notices
• Other important account matters

34. Billing Disputes

If you believe that a Monicrew charge is incorrect, you should contact our support team promptly after identifying the charge.

We may request information reasonably necessary to investigate the transaction.

Customers are encouraged to contact Monicrew before initiating a payment dispute or chargeback so we have an opportunity to resolve the matter.

Improper or fraudulent chargebacks may result in temporary account suspension while the matter is investigated.

35. Account Cancellation

You may cancel your subscription through the available account settings or by contacting Monicrew support.

Unless otherwise stated:

• Cancellation stops future subscription renewals
• Current paid access may remain available until the end of the billing period
• Cancellation does not automatically entitle you to a refund

You should export important data before closing your account.

36. Account and Data Deletion

You may request deletion of your account through available account functionality or Monicrew support.

Before deletion, Monicrew may take reasonable steps to verify account ownership.

Following account deletion:

• Access to the account may permanently end
• Active tracking may stop
• Connected integrations may be disconnected
• Customer data may be deleted according to our retention procedures

Certain information may be retained where reasonably necessary for legal compliance, security, fraud prevention, financial recordkeeping, dispute resolution, or backup purposes.

37. Governing Law

These Terms and any dispute arising from or relating to Monicrew shall be governed by and interpreted according to the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law principles.

38. Dispute Resolution and Jurisdiction

The parties should first attempt in good faith to resolve disputes by contacting Monicrew and discussing the matter.

If a dispute cannot be resolved informally, the parties agree that, subject to any mandatory rights provided by applicable law, disputes arising from these Terms or use of Monicrew will be subject to the jurisdiction of the courts of Hong Kong.

Nothing in this provision prevents either party from seeking urgent or interim relief where legally available.

39. Force Majeure

Monicrew will not be responsible for delays or failures caused by circumstances beyond our reasonable control.

Such circumstances may include:

• Natural disasters
• Fire
• Flood
• Severe weather
• War
• Terrorism
• Civil disturbance
• Government action
• Power failures
• Internet outages
• Telecommunications failures
• Cloud infrastructure failures
• Cyberattacks
• Labor disputes
• Epidemics or pandemics
• Other events beyond reasonable control

40. Changes to These Terms

Monicrew may update these Terms periodically to reflect changes to:

• Our Services
• Business operations
• Subscription plans
• Technology
• Security requirements
• Applicable laws
• Regulatory requirements

The updated Terms will be published with a revised effective date.

Where appropriate, material changes may also be communicated through email, the Monicrew application, or our website.

41. Miscellaneous

These Terms, together with our applicable policies and agreements, constitute the agreement between you and Monicrew concerning your use of the Services.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect.

Failure by Monicrew to enforce a provision does not constitute a permanent waiver of that provision.

You may not assign or transfer your rights under these Terms without Monicrew's prior consent, except where applicable law provides otherwise.

Nothing in these Terms creates a partnership, employment relationship, agency, franchise, or joint venture between Monicrew and the customer.

42. Contact Us

For questions, account matters, billing disputes, legal inquiries, cancellations, or questions regarding these Terms, contact:

• Monicrew General Support
• support@monicrew.com