Terms of Service

These terms govern your organisation's use of Zyboom, operated by ZYBUCK, INC ("we", "us"). By creating an account, or by using Zyboom after being given access by your employer, you agree to them.

Registered office: 3711 Long Beach Blvd, Long Beach, CA 90807, USA

1. What Zyboom is

Zyboom is a workforce time-tracking and activity-reporting service, sold per user per month to organisations. It has two halves, and the second is optional.

The web application. Your staff record working time, take breaks, and see their own history. Administrators see their organisation's people, teams, time entries, and reports, and configure what the service collects.

The desktop agent. An organisation may additionally install our desktop agent on computers its staff use for work. Installing it is a decision your organisation makes; the service is usable without it.

2. What the desktop agent collects, and what it does not

When installed and running, the agent records: the name of the application in the foreground; how many seconds a machine was active or idle, measured from the operating system; and which device belongs to which organisation. Two further items are collected only if your organisation switches them on, and are off by default: the title of the foreground window, and the domain of the website being viewed in a browser, reduced to the domain on the device before it is sent.

The agent does not record keystrokes or keystroke counts. It does not record mouse movement. It does not record full web addresses — only the domain, and only on opt-in. It does not record location or GPS. It does not record file paths. It does not currently capture screenshots of any screen.

We may add capabilities in future. If we add anything that collects more than the list above, it will be off by default and require your organisation to switch it on.

3. Accounts and administrators

An organisation's administrators can create accounts, assign roles, change what is collected, and see their organisation's data. You are responsible for who you make an administrator, and for the accuracy of the account details you give us. Keep credentials confidential and tell us promptly if you believe an account has been compromised.

Each organisation's data is isolated from every other organisation's. We do not make one customer's data visible to another.

4. Your responsibilities as an employer — please read this one

This is monitoring software, and the law that governs monitoring applies to you as the employer, not to us as the supplier. You are responsible for using it lawfully in every place your staff work. That includes, depending on where they are:

Telling your staff. Before the agent is installed on a machine someone uses, they should know it is there, what it records, and how long it is kept. The service is built to make that possible — retention periods and what is monitored are visible to the people being monitored, not only to administrators — but telling them is your obligation, not a setting.

Having a lawful basis. In the United Kingdom, the European Economic Area, and other jurisdictions with equivalent law, monitoring staff requires a lawful basis and, where that basis is legitimate interest, an assessment weighing it against your staff's rights. Where a works council or equivalent body must agree to monitoring, obtaining that agreement is yours to do.

Consent where it is required. Some jurisdictions require the consent of everyone recorded, not only the employer's. Some require a written electronic monitoring policy above a given headcount. You are responsible for knowing which of these apply to your staff.

You must not use Zyboom to monitor people who have not been told they are being monitored, to monitor anyone outside an employment or engagement relationship with you, or on a device you have no right to place software on. Doing so is a breach of these terms and we may suspend the account.

Between us and you, you are the controller of your staff's personal data and we process it on your instructions. Our Privacy Policy describes what we do with it.

5. Fees, billing and taxes

Subscriptions are charged per user, per month, in USD, in advance, at the prices shown on our pricing page or in your written order. Prices there are exclusive of any sales tax, VAT, GST or equivalent, which is added where we are required to charge it.

We may change prices. An existing subscription keeps its price until the end of the period you have paid for, and we will tell you before a changed price applies to a renewal.

If a payment fails, we will keep trying and tell you. Your service is not reduced immediately: there is a grace period of 30 days from the end of the period you last paid for, during which nothing changes. If payment has still not succeeded after that, the account moves to our basic feature set. Your data is retained either way — see section 7.

6. Free trial

New organisations get a 30-day trial with no payment method required and no charge. We may extend it. Nothing is billed unless and until you choose a paid plan, and we will not convert a trial into a paid subscription without you asking us to.

7. Cancelling, and what happens to your data

You may cancel at any time. Cancellation takes effect at the end of the period you have already paid for, and you keep full access until then. Our Refund and Cancellation Policy sets out how to cancel and when money is and is not returned.

When a subscription ends — whether you cancelled or a payment was never completed — we do not delete your data and we do not lock you out of it. The account moves to a reduced feature set and every time entry, report and record your organisation created remains available to you. You can export it, and you can ask us to delete it.

We will delete your organisation's data on written request from an administrator. We also delete collected activity data automatically according to the retention period your organisation sets, whether or not you are still a customer.

8. Acceptable use

Do not attempt to gain access to another organisation's data, probe or disrupt the service, reverse-engineer it other than as the law expressly permits, resell it without our agreement, or use it to break the law. We may suspend an account to protect the service or other customers, and will tell you why.

9. Availability, and what we do not promise

We work to keep the service available and take verified backups, but we do not currently offer a contractual uptime guarantee or service credits. If you need one, talk to us before you buy rather than after.

The service is provided as it is. To the fullest extent the law allows, we exclude implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these terms excludes liability that cannot lawfully be excluded.

To the fullest extent the law allows, neither party is liable to the other for indirect or consequential loss, or for lost profits, revenue or anticipated savings. Our total liability arising out of or in connection with these terms is limited to the fees you paid us in the twelve months before the claim arose.

The reports and figures the service produces are a record of what was collected. They are not advice, and decisions you take about a person's employment on the basis of them are yours.

10. Changes to these terms, and to the service

We may change the service, and we may change these terms. Where a change materially reduces what you have paid for, we will tell you before it applies, and you may cancel and receive a pro-rata refund of the unused part of the period you have paid for.

We will publish the date of the current version on this page and keep it accurate.

11. Law, and how to reach us

These terms are governed by the law of the State of California, United States, and its courts have jurisdiction over any dispute.

Questions about these terms, cancellation, a bill, or a data request: support@zyboom.com. Postal address: 3711 Long Beach Blvd, Long Beach, CA 90807, USA. You can also use the contact form on this site.

ZYBUCK, INC, trading as Zyboom.