Terms of Service

These terms govern your use of the BeActive platform provided by BeFree. By creating an account or using the service you agree to them. If you are agreeing on behalf of an organisation, you confirm you have authority to do so.

1. The service

BeActive is a subscription workforce activity and productivity measurement platform, comprising a desktop agent and a hosted web application. We may change or improve features over time; we will not materially reduce the functionality of a paid plan during a paid term without notice.

2. Accounts and access

You are responsible for the accuracy of your account details, for maintaining the confidentiality of credentials, and for all activity under your account. Notify us promptly of any suspected unauthorised access. Administrators are responsible for the access levels they grant to their own users.

3. Subscriptions, billing and trials

• Fees are per active user per month, at the plan and currency selected, and are exclusive of GST and other applicable taxes.
• Monthly plans renew monthly; annual plans renew for a further twelve months unless cancelled before the renewal date.
• Upgrades take effect immediately and are prorated. Downgrades take effect at the next billing date.
• Free trials are provided as-is with no obligation. We may end a trial that is being used to circumvent paid subscriptions.
• Cancellation takes effect at the end of the paid period. We do not provide pro-rata refunds for partial periods except where required by law, including the Australian Consumer Law.
• We may suspend access for accounts more than 30 days overdue, after notice.

4. Your obligations as an employer

This clause is central to the agreement. You are the controller of the workforce data you collect through the platform, and you warrant that:

• You will give all monitored individuals the notice their jurisdiction requires before monitoring begins, and maintain a monitoring policy.
• You have a lawful basis for the monitoring you carry out, in every jurisdiction where your monitored staff work.
• You will not use the platform for covert surveillance, or to monitor individuals outside the scope of their employment.
• You will honour access, correction and deletion requests from your own staff.
• You will not use the data to unlawfully discriminate against any individual.

You indemnify us against claims arising from your failure to meet these obligations.

5. Acceptable use

You must not: reverse engineer, decompile or attempt to derive the source of the platform; resell or sublicense access without a written agreement; attempt to circumvent security or access limits; use the service to store unlawful material; or interfere with its operation or with other customers' use of it. Deliberately deploying the agent to conceal itself from monitored users is a breach of these terms.

6. Your data

You retain all rights in the data you and your users put into the platform. We use it only to provide and support the service, as set out in our privacy policy, which forms part of these terms. You can export your data at any time, including during and after cancellation, until deletion. We do not use your workforce data to train models or build public benchmarks.

7. Availability and support

We aim for high availability but do not guarantee uninterrupted service on Starter, Growth or Business plans. Enterprise agreements may include a service level agreement with defined targets and remedies. Planned maintenance is notified in advance where practicable.

8. Intellectual property

We retain all rights in the platform, the agent software, and our documentation and branding. You receive a non-exclusive, non-transferable right to use the service during your subscription. Feedback you give us may be used to improve the product without obligation, and does not transfer any rights in your own data.

9. Liability

Nothing in these terms excludes rights you have under the Australian Consumer Law or other law that cannot lawfully be excluded. Subject to that, and to the maximum extent permitted: the service is provided without warranties beyond those stated here; neither party is liable for indirect, incidental or consequential loss, or for loss of profit, revenue, data or goodwill; and our total aggregate liability is limited to the fees you paid in the twelve months preceding the claim.

10. Termination

You may cancel at any time from the billing screen. We may suspend or terminate for material breach, for non-payment after notice, or where continued provision would be unlawful. On termination your right to access the service ends; you may export your data during the notice period, after which it is deleted in accordance with the privacy policy.

11. Changes to these terms

We may update these terms. We will notify account administrators of material changes at least 30 days before they take effect. Continuing to use the service after that date constitutes acceptance; if you do not accept, you may cancel and we will refund any prepaid fees for the unused remainder of your term.

12. Governing law

These terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

Contact

Questions about these terms: sales@befree.com.au, or Sydney, NSW, Australia.