These Terms of Service ("Terms") govern access to and use of PulseDesk - the web dashboard at app.mypulsedesk.com, the PulseDesk desktop applications for Windows and macOS, the website at mypulsedesk.com and any related services (together, the "Service").
The Service is provided by Londonist Yazılım ve Teknolojileri A.Ş. (Londonist Software and Technologies Inc.), a joint-stock company registered in Türkiye with registration number 6091148103 and its registered office at Merkez Mah. Kültür Cad. No: 4 İç Kapı No: 29, 34245 Gaziosmanpaşa / İstanbul, Türkiye ("PulseDesk", "we", "us").
1. Who these Terms apply to
- Customer means the company or other organisation that creates a PulseDesk account (an "organisation") and the person who accepts these Terms on its behalf. By creating an organisation, starting a trial or paying for a plan, you confirm that you are at least 18 years old and authorised to bind the Customer.
- Users are the people the Customer invites or allows to use the Service under its organisation - for example its employees, contractors and administrators.
- The Service is offered to businesses only. It is not intended for consumers or for personal, household use.
The Customer is responsible for its Users' compliance with these Terms.
2. The agreement
These Terms, our Acceptable Use Policy, our Data Processing Agreement and any order form or plan selected in the Service together form the agreement between the Customer and PulseDesk. If an order form signed by both parties conflicts with these Terms, the order form applies. Personal data that we handle for our own purposes is described in our Privacy Policy.
3. Accounts and security
- The Customer creates its organisation and invites Users. Each User signs in with their own email address and password.
- Keep sign-in details confidential and do not share accounts. The Customer is responsible for all activity under its organisation and must tell us without delay at security@mypulsedesk.com if it suspects unauthorised access.
- Organisation owners and administrators control roles and permissions (for example who may view screenshots, team data or personnel files) and are responsible for setting them appropriately.
4. The Service
- We provide the features of the plan the Customer has selected, as described in the Service and on our pricing page.
- We keep improving PulseDesk. We may add, change or remove features, provided that we do not materially reduce the core functionality of a paid plan during a paid period. Where a change materially affects the Customer, we will give reasonable notice.
- The desktop application must be installed on each computer that should be tracked. It updates itself automatically; keeping it up to date is part of using the Service securely.
- Some features rely on third parties, such as payment processing and AI features. They are listed on our Sub-processors page.
- We aim for high availability but do not guarantee that the Service will be uninterrupted or error-free. We may carry out maintenance, preferably outside normal business hours, and will try to announce planned downtime in advance.
5. Customer responsibilities for lawful monitoring
PulseDesk records work activity on the computers where the desktop application is installed: working times, active applications and window titles, websites, idle time and - where the Customer enables it - periodic screenshots, location and meeting recordings. Because of this, the Customer agrees that it will:
- use the Service only on devices it owns or is entitled to manage, and only for legitimate business purposes;
- inform its Users clearly and in advance about what is collected, why, how long it is kept and who can see it, in line with the laws that apply to the Customer and its Users (for example GDPR, UK GDPR, KVKK, India's DPDP Act and local employment law);
- have a valid lawful basis for the monitoring, and obtain any consents or works council / employee representative approvals that are required;
- configure the Service proportionately - for example by choosing whether screenshots are taken, how often and how long they are kept, and who may view them;
- not use the Service for covert monitoring or in any way that breaches our Acceptable Use Policy.
The Customer is the controller of its Users' personal data, and PulseDesk processes that data as its processor under the Data Processing Agreement.
6. Free trial
We may offer a free trial or a free plan. Trial features and limits are shown in the Service and may change. At the end of a trial the Customer can choose a paid plan; otherwise we may limit or suspend the organisation. Data from a trial that does not continue may be deleted as described in section 11.
7. Plans, fees and payment
- Prices are per User with an account, per month, and are shown on our pricing page or in an order form. Prices are in US dollars unless agreed otherwise and exclude VAT and other taxes, which the Customer pays where they apply.
- Fees are billed in advance for each monthly or annual billing period. Adding Users or upgrading takes effect immediately and may be invoiced pro rata; removing Users or downgrading takes effect from the next billing period.
- Payment is due by the date on the invoice. Card payments are handled by our payment provider; we do not store full card numbers.
- If an invoice is unpaid 14 days after its due date, we may suspend the organisation after giving notice. We will restore access once the overdue amount has been paid.
- We may change prices with at least 30 days' notice. New prices apply from the next billing period after the notice period.
- Fees are non-refundable, including for partial billing periods, except where required by law or expressly agreed in writing.
8. Customer data
- Customer Data means all data that the Customer and its Users submit to the Service or that the desktop application collects for the Customer, including activity data, screenshots, messages, files and recordings.
- The Customer keeps all rights in Customer Data. It grants us a limited licence to host, process, transmit and display Customer Data only as needed to provide, secure and support the Service and as instructed by the Customer.
- The Customer is responsible for the lawfulness and accuracy of Customer Data and for having the rights needed to give it to us.
- We may create aggregated, anonymised statistics about use of the Service (for example how often a feature is used) that do not identify the Customer or any individual, and use them to improve the Service.
9. AI features
- Features such as Lucy (the in-app assistant), meeting transcripts and meeting summaries use third-party AI models. They only access data that the requesting User is allowed to see in the Service.
- AI output can be incomplete or wrong. Users should check important results. The Customer must not make decisions with legal or similarly significant effects on individuals - for example disciplinary action, dismissal or pay decisions - based solely on AI output or automated metrics without meaningful human review.
- Our AI provider processes data under its business terms and does not use it to train its models. Organisation owners can switch Lucy off in Settings.
10. Intellectual property
PulseDesk, the Service, the software, the PulseDesk name and logos and all related intellectual property belong to us or our licensors. Subject to these Terms and payment of the fees, we grant the Customer a non-exclusive, non-transferable right for its Users to use the Service during the subscription term for the Customer's internal business purposes. If the Customer or its Users send us feedback or suggestions, we may use them freely without obligation.
11. Term, cancellation and termination
- The agreement runs from the date the organisation is created until it is cancelled. Paid plans renew automatically for successive billing periods.
- The Customer can cancel at any time in the Service or by emailing us; cancellation takes effect at the end of the current billing period.
- Either party may terminate the agreement with immediate effect by written notice if the other party materially breaches it and does not remedy the breach within 30 days after being notified, or becomes insolvent.
- We may suspend access immediately, in whole or in part, if this is necessary to prevent harm to the Service, other customers or third parties, or if the Service is used in breach of the Acceptable Use Policy or the law. We will lift the suspension once the reason no longer applies.
- After termination, the Customer can export its data for 30 days. We then delete Customer Data from the live systems within a further 30 days and from backups within 90 days, unless the law requires us to keep it.
12. Warranties and disclaimer
We will provide the Service with reasonable skill and care, in line with good industry practice. Apart from that, and to the extent permitted by law, the Service is provided "as is" and "as available", and we make no other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose or that metrics such as productivity or effectiveness are complete or accurate for every situation.
13. Limitation of liability
- Neither party is liable for indirect or consequential loss, or for loss of profit, revenue, business, goodwill or anticipated savings, however caused.
- Each party's total liability arising out of or in connection with the agreement in any 12-month period is limited to the fees paid and payable by the Customer for the Service in the 12 months before the event giving rise to the claim.
- Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence, for the Customer's payment obligations, or for any other liability that cannot be limited or excluded by law.
14. Indemnity
The Customer will defend and hold PulseDesk harmless against third-party claims (including claims by Users or authorities) arising from the Customer's breach of section 5 or of the Acceptable Use Policy, or from Customer Data, and will pay damages and reasonable costs finally awarded or agreed in settlement. We will notify the Customer promptly of any such claim and cooperate reasonably.
15. Confidentiality
Each party will keep the other's non-public business information confidential, use it only to perform the agreement and protect it with at least reasonable care. This does not apply to information that is public, already known to the recipient, independently developed or that must be disclosed by law.
16. Changes to these Terms
We may update these Terms from time to time. We will publish the new version on this page and, for material changes, notify organisation owners by email or in the Service at least 30 days in advance. If the Customer does not agree, it may cancel before the changes take effect.
17. Governing law and disputes
These Terms are governed by the laws of the Republic of Türkiye, excluding its conflict-of-law rules. The parties will first try to settle any dispute amicably. If that fails, the courts and enforcement offices of İstanbul (Çağlayan) have exclusive jurisdiction. This does not deprive a Customer of the protection of mandatory laws of the country where it is established.
18. General
- Force majeure: neither party is responsible for delays or failures caused by events beyond its reasonable control.
- Assignment: the Customer may not transfer the agreement without our consent. We may transfer it to an affiliate or a successor of our business, with notice to the Customer.
- Notices: we send notices to the email address of the organisation owner. Notices to us go to legal@mypulsedesk.com or our registered office.
- Severability and waiver: if any provision is found invalid, the rest remains in force. Not enforcing a right is not a waiver of it.
- Language: these Terms may be translated. If versions differ, the English version prevails.
19. Contact
Londonist Yazılım ve Teknolojileri A.Ş. - Merkez Mah. Kültür Cad. No: 4 İç Kapı No: 29, 34245 Gaziosmanpaşa / İstanbul, Türkiye - legal@mypulsedesk.com