Terms of Use

These Terms of Service (the "Terms") are a binding agreement between Cyberinfra Limited, a company registered in the Isle of Man ("ScreenJournal", "we", "us"), and the organisation that registers for or uses the ScreenJournal workforce-activity services, desktop applications, dashboards, and APIs (the "Services") — the "Customer", "you". You accept these Terms by registering for an account or using the Services; the person doing so represents that they are authorised to bind the Customer.

These Terms are a business-to-business contract with the employer that deploys the Services. Monitored employees ("Monitored Users") are not parties to these Terms; they must instead receive the workplace monitoring notice described in Section 3.

1. The Services

• Screen activity. The desktop application captures screen activity in work applications and derives an activity timeline. Applications and sites designated sensitive or personal (banking, payroll, HR, health, personal accounts) are blocked from capture and are not recorded or analysed. Source screen recordings are analysed to derive the timeline and then deleted; by default the underlying video is not stored or made available to the Customer. Where the Customer enables the Record + Save capture mode, the underlying recordings are retained for up to 3 months and made available to the Customer; otherwise the video is deleted during processing and not stored.
• Audio. Where the Customer enables call transcription, audio from business calls is transcribed. The Services perform no ambient or always-on microphone capture, no voiceprint or speaker identification, and no biometric processing.
• AI processing. Screen content and (where enabled) call audio are processed by our AI service providers (currently Google for screen analysis and DeepInfra for transcription) to derive timelines and transcripts.
• Decision support only. The Services produce reports and analytics as decision support. They do not take, and must not be used to take, automated employment decisions without human review.

2. Roles and data protection

As between the parties, the Customer is the data controller of data collected from Monitored Users' devices ("Monitoring Data"), and ScreenJournal is the processor, acting on the Customer's documented instructions. Our data-processing terms, including subprocessor, transfer, security, breach-notification, and deletion commitments, are available on request at support@screenjournal.ai and are incorporated into these Terms once agreed; in any conflict concerning personal data, they prevail over these Terms.

3. Customer responsibilities

As a condition of using the Services, the Customer must:

1. Give notice and obtain acknowledgment before monitoring. Before enabling monitoring for any Monitored User, the Customer must have a lawful basis for the monitoring in each applicable jurisdiction, deliver a workplace monitoring notice meeting the requirements of applicable law to that person, and obtain their acknowledgment.
2. Announce every recorded call. Where the Customer enables audio features, it must ensure a recording announcement is delivered to all parties on every recorded call, at the start of the call, as required by all-party-consent laws including the Philippine Anti-Wiretapping Act (RA 4200) and US state statutes. This is an obligation of conduct, not merely a representation. Covert recording is prohibited.
3. Keep payment-card data out. The Customer must not use the Services to capture payment-card data, and where Monitored Users handle card payments must use DTMF masking or equivalent controls and keep payment applications on the sensitive-application blocklist.
4. Use the Services lawfully. The Customer is solely responsible for the lawfulness of its monitoring programme in each jurisdiction where it monitors, and must deploy the Services only on devices it owns or is authorised to manage, in the context of a work relationship. The Customer must not use the Services to harass, discriminate, or retaliate, must not attempt to capture data from blocklisted sensitive applications, and must not circumvent privacy or consent controls.

4. Accounts and licence

We grant the Customer a non-exclusive, non-transferable licence, for the subscription term, to install the desktop application on managed devices and use the Services for its internal workforce-management purposes. The Customer must keep admin credentials confidential, deactivate seats for departed personnel, and is responsible for use under its accounts. We may suspend the Services where we reasonably believe use breaches Section 3 or applicable law, giving notice where practicable. You must not reverse-engineer, resell without authorisation, probe security, access other customers' data, or interfere with the Services.

5. Fees and payment

Fees are as stated at purchase and are processed by Paddle as merchant of record. Fees are exclusive of taxes. Subscriptions renew automatically unless cancelled before the renewal date. Except where required by law or stated in a posted refund policy, fees are non-refundable.

6. Ownership and data

ScreenJournal and its licensors own the Services and related IP. The Customer owns its data and grants us a licence to host and process it solely to provide the Services and comply with law. We may use aggregated, de-identified data that identifies no person or customer to operate and improve the Services; we will not re-identify it, we do not sell personal data, and we do not use Customer data to train AI models except as expressly agreed.

7. Confidentiality

Each party will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and advisers under confidentiality obligations, or where required by law.

8. Warranties and disclaimers

We warrant that the Services will operate materially as described in these Terms. Otherwise the Services are provided "as is", and we disclaim all other warranties to the maximum extent permitted by law. The Services, including any notices, templates, or compliance features, do not constitute legal advice; the Customer must take its own advice on the lawfulness of its monitoring programme.

9. Indemnification

The Customer will defend and indemnify ScreenJournal, its affiliates, and personnel against all claims, fines, penalties, and losses (including reasonable legal fees) arising from: (a) unlawful monitoring or recording by or for the Customer; (b) the Customer's failure to give any required notice to, or obtain any required consent or acknowledgment from, Monitored Users or call participants (including failure to announce a recorded call); or (c) breach of Section 3. This indemnity allocates financial risk only; criminal liability rests with the party that commits the offence and cannot be transferred. We will defend and indemnify the Customer against third-party claims that the Services, as provided and used as permitted, infringe intellectual-property rights.

10. Limitation of liability

Neither party is liable for indirect, consequential, special, or punitive damages, or loss of profits, revenue, or goodwill. Each party's total aggregate liability is capped at the fees paid or payable by the Customer in the twelve (12) months preceding the event giving rise to liability. These limits do not apply to the Customer's payment obligations, either party's indemnity obligations, the Customer's breach of Section 3, gross negligence or wilful misconduct, or liability that cannot be limited by law.

11. Term, termination, and deletion

These Terms run for the subscription term and renew with it. Either party may terminate for material breach uncured within thirty (30) days of notice. We may suspend or terminate immediately if the Customer's use presents a risk of unlawful surveillance or recording that is not promptly remedied on notice. On termination, the Customer may export its reports and data for thirty (30) days, after which Customer data is deleted within sixty (60) days, except data we must retain by law and acceptance records retained as evidence.

12. Mandatory local law

Nothing in these Terms excludes, limits, or overrides rights or obligations under mandatory applicable law, including the Philippine Data Privacy Act (RA 10173) and Anti-Wiretapping Act (RA 4200) and the India Digital Personal Data Protection Act 2023, and the choice of law below does not deprive anyone of protections that cannot be derogated from by agreement.

13. Governing law and disputes

These Terms are governed by the laws of England and Wales. Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) under its rules, seated in Singapore, before one arbitrator, in English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek interim injunctive relief in any competent court to protect confidential information or intellectual property.

14. Changes and general

We may update these Terms; material changes will be notified at least thirty (30) days in advance and will apply from the stated effective date, and we will ask an authorised person to affirm them where the Services provide an acceptance step. Severability, no waiver except in writing, assignment only with consent (save to an affiliate or in a merger or asset sale on notice), independent contractors, and force majeure apply. These Terms, together with the documents they incorporate, are the entire agreement and supersede prior agreements and any terms in Customer purchase orders.

15. Contact

support@screenjournal.ai
Cyberinfra Limited, Isle of Man