Terms of Service

Last updated: April 2026

1. Agreement to Terms

By accessing or using the ActivityPulse platform, website, agent software, or any related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

ActivityPulse is a workforce intelligence platform that monitors employee computer activity through a lightweight Windows agent. The Service includes:

1. The ActivityPulse agent software installed on endpoint devices
2. The ActivityPulse web portal for viewing dashboards, reports, and alerts
3. Intelligence engines that analyse collected data to produce risk scores, productivity metrics, and behavioural insights
4. Export, reporting, and alerting capabilities
5. Related documentation, support, and updates

3. Accuracy and Limitations of Analysis

Without limiting the generality of the above:

1. Risk scores are indicators, not conclusions. Insider threat, retention risk, burnout risk, and other scores identify behavioural patterns that may warrant investigation. They do not confirm malicious intent, employee dissatisfaction, or any other conclusion. A high risk score means a user has accumulated multiple weighted signals, not that they are a confirmed threat.
2. Productivity scores reflect application categorisation, not performance. Productivity metrics are based on how applications and websites are categorised by your organisation’s administrators. An employee using an uncategorised tool will appear less productive than they may actually be. These scores should be used as a starting point for conversation, not as a definitive performance measure.
3. Work time measures computer presence, not effort. A user showing 9 hours of presence but only 4 hours of active time may have spent the remaining time in meetings, on phone calls, or doing non digital work.
4. False positives are expected. Many monitored behaviours have legitimate explanations. USB transfers may be approved backups. Job site browsing may be market research. AI tool usage may be sanctioned by your organisation. Always investigate in context before drawing conclusions or taking action.
5. Sentiment analysis is approximate. AI prompt sentiment analysis uses natural language processing to detect emotional tone. It may misinterpret sarcasm, technical language, or cultural expressions. Sentiment scores should never be used as the sole basis for employment decisions.
6. DLP detection is metadata based. Data loss prevention examines file names, extensions, sizes, and destinations, not file content. A policy violation means an event matched a rule pattern, not that sensitive data was actually exposed.
7. Browsing and search data requires context. URLs and search queries can reveal sensitive personal information. This data should be interpreted in the context of the user’s role and responsibilities, and access should be limited to authorised personnel.

4. Customer Responsibilities

As a customer of the Service, you are responsible for:

1. Legal compliance. Ensuring that your use of the Service complies with all applicable laws, including Australian Privacy Principles (APPs), state and territory workplace surveillance legislation, and any other relevant regulations. This may include providing written notice to employees before deploying monitoring software.
2. Appropriate use. Using the data collected by the Service responsibly and proportionately. Monitoring data should be used for legitimate business purposes such as security, compliance, productivity analysis, and employee welfare.
3. Access control. Restricting access to the Service to authorised personnel with a legitimate business need. Monitoring data may contain sensitive personal information.
4. Data accuracy. Verifying that automated analysis, risk scores, and alerts are investigated in context before any employment decisions or disciplinary actions are taken. You must not rely solely on automated scores or alerts as the basis for adverse employment decisions.
5. Employee notification. We strongly recommend, and in many Australian jurisdictions you are legally required, that you notify employees that monitoring software is in use, what data is collected, how it is used, and who has access to it.
6. Account security. Maintaining the security of your portal credentials, API keys, and agent configuration. You are responsible for all activity that occurs under your account.

5. Data Ownership and Processing

1. Your data. All monitoring data collected from your organisation’s endpoints belongs to you. We process this data on your behalf to provide the Service.
2. Data location. All data is processed and stored on Australian infrastructure. No data leaves Australian jurisdiction at any stage.
3. Data retention. You control data retention periods through the portal configuration. When data reaches the end of its retention period, it is permanently deleted unless a retention hold is in place.
4. Data export. You may export your data at any time through the portal in CSV, JSON, PDF, or DOCX format.
5. Account termination. Upon termination of your account, your data is retained for 30 days to allow for export. After 30 days, all data is permanently deleted from our systems.

6. Intellectual Property

The Service, including all software, algorithms, intelligence engines, dashboards, documentation, and related materials, is the intellectual property of Network 1 Media Group Pty Ltd. Your subscription grants you a non exclusive, non transferable licence to use the Service for the duration of your subscription.

You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of the agent software or any other component of the Service.

7. Service Availability

We aim to provide the Service with reasonable availability but do not guarantee uninterrupted or error free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We will make reasonable efforts to notify you of planned maintenance in advance. We are not liable for any loss or damage arising from service interruptions.

8. Limitation of Liability

To the maximum extent permitted by law:

1. The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or accuracy of analysis.
2. We do not warrant that risk scores, productivity metrics, or other analytical outputs will be accurate, complete, or suitable for any particular decision making purpose.
3. We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to damages arising from employment decisions made based on Service data.
4. Our total aggregate liability to you for any claims arising from or related to the Service shall not exceed the total fees paid by you in the 12 months preceding the claim.
5. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

9. Indemnification

You agree to indemnify and hold harmless Network 1 Media Group Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

1. Your use of the Service in violation of these Terms or applicable law
2. Employment decisions or disciplinary actions taken based on Service data
3. Your failure to comply with applicable workplace surveillance or privacy legislation
4. Unauthorised access to the Service resulting from your failure to maintain account security

10. Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

11. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the portal. Your continued use of the Service after notification constitutes acceptance of the updated Terms.

12. Subscription, Billing, and Renewal

1. Subscription terms. ActivityPulse is offered on either a monthly or annual subscription basis, as selected by you at the time of purchase. Annual subscriptions are offered at a discounted rate compared to monthly billing.
2. Billing. Monthly subscriptions are billed in advance each month. Annual subscriptions are billed in advance for the full 12 month term.
3. Auto renewal. All subscriptions automatically renew at the end of each billing period (monthly or annual) at the then current rate, unless cancelled in accordance with Section 13.
4. Price changes. We may change subscription pricing at any time. Price changes will not affect your current paid term but will apply to subsequent renewal periods. We will provide at least 30 days notice of any price increase before it takes effect.
5. Adding users. You may add users to your subscription at any time. Additional users are charged on a pro rata basis for the remainder of the current billing period.
6. Taxes. All prices are quoted in Australian dollars and include GST where applicable.

13. Cancellation and Termination

1. Cancelling a monthly subscription. You may cancel a monthly subscription at any time through the portal or by contacting us. Cancellation takes effect at the end of your current billing month. You will retain access to the Service until that date and will not be charged for subsequent months.
2. Cancelling an annual subscription. Annual subscriptions are committed for the full 12 month term. To prevent automatic renewal at the end of the term, you must provide written notice at least 30 days before the renewal date. The Service remains active until the end of the paid term.
3. Early termination of annual subscriptions. Annual subscriptions cannot be cancelled mid term for convenience and fees paid for the annual term are non refundable. If you wish to discontinue use of the Service before the end of your annual term, you may do so but will not receive a refund for the unused portion.
4. Termination by us for breach. We may suspend or terminate your access to the Service immediately, without refund, if you breach these Terms, fail to pay fees when due, or use the Service in a manner that is unlawful, harmful, or violates applicable workplace surveillance legislation.
5. Termination by us for convenience. We may terminate your subscription at the end of your current paid term by providing at least 30 days written notice before the renewal date. In the case of early termination by us for convenience during a paid term, we will provide a pro rata refund of unused fees.
6. Effect of termination. Upon termination, your right to use the Service ceases. Data retention following termination is described in Section 5(e). Provisions of these Terms that by their nature should survive termination (including limitation of liability, indemnification, and intellectual property) will continue to apply.

14. Governing Law

These Terms are governed by the laws of the Australian Capital Territory, Australia. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the Australian Capital Territory.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact

For questions about these Terms, contact us at:

Network 1 Media Group Pty Ltd
ABN 82 633 114 753
Email: [email protected]

Postal Address
PO Box 349
Erindale Centre
ACT, 2903
Australia