Monitoring Data Responsibility and Indemnity

Last updated: November 3, 2026 1. Monitoring Data Responsibility and Indemnity This Monitoring Data Responsibility and Indemnity ("Monitoring Terms") applies to organizations ("Customer", "you") that purchase or use EnDetect employee productivity, endpoint monitoring, data loss prevention (DLP), web filtering, identity verification, forensic audit, or related services ("Services"). By activating the Services, accepting these Monitoring Terms during onboarding, or deploying EnDetect agents on devices, you confirm that you have authority to bind your organization and that you accept the responsibilities and indemnities below. These Monitoring Terms supplement the EnDetect Software License Agreement, Terms of Service, and Privacy Policy. 2. Your role as data controller For monitoring data collected from your employees, contractors, and other users of devices you manage ("Monitored Users"), you are the data controller (or equivalent under applicable law). EnDetect acts as a data processor (or service provider) processing data on your documented instructions through the Services. You are responsible for determining whether monitoring is permitted, for what purposes, on which devices, and with what notice and consent. 3. Lawful basis and employee notice You agree that you will: - Deploy the Services only where you have a valid legal basis under applicable law (for example, legitimate business interest, consent, or statutory authorization, as appropriate in your jurisdiction). - Provide clear, timely notice to Monitored Users about monitoring, including the categories of data collected (such as screenshots, activity logs, URLs, application usage, file/USB events, keystrokes where enabled, and webcam images where identity verification is enabled), purposes, retention, and who may access the data. - Obtain any consents or approvals required by local labor, privacy, or sector-specific rules before monitoring begins or before enabling heightened modules (DLP, web firewall, forensic audit, identity verification). - Maintain records of notices, policies, and consents as required by law. EnDetect does not provide legal advice. You are solely responsible for compliance with employment, privacy, and sector regulations in every country and state where Monitored Users are located. 4. Permitted use You will use the Services only for legitimate business purposes such as productivity measurement, attendance, security, insider risk, audit, and compliance, and not for: - Unlawful surveillance or monitoring of personal devices without authorization - Discrimination, harassment, or violation of Monitored Users' legal rights - Monitoring in jurisdictions or on devices where you lack authority - Collection of data you are not authorized to collect You configure what is monitored (modules, departments, policies). You are responsible for configuration choices and their legal impact. 5. Data minimization and proportionality You agree to: - Enable only modules and features you need (including optional DLP, web firewall, forensic audit, and identity verification). - Apply appropriate retention and access controls within the product. - Restrict admin access to authorized personnel. 6. Security and confidentiality You are responsible for: - Protecting administrator credentials and access to the EnDetect dashboard. - Ensuring Monitored Users do not disable or tamper with the agent where your policies require it, subject to applicable law. - Promptly notifying EnDetect if you suspect unauthorized access to your account or a security incident involving the Services. 7. Cross-border transfers If Monitored User data is processed or accessed across borders, you are responsible for ensuring lawful transfer mechanisms (for example, standard contractual clauses, adequacy decisions, or local requirements) apply between your organization, Monitored Users, and EnDetect as described in the Privacy Policy. 8. Indemnity To the fullest extent permitted by law, you indemnify, defend, and hold harmless EnDetect, its affiliates, and their officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: - Your deployment or use of the Services, including module configuration and monitoring scope - Your failure to provide adequate notice, consent, or legal basis to Monitored Users - Any allegation that your monitoring violates employment, privacy, or other applicable law - Data or content you collect, store, or export through the Services, except to the extent caused by EnDetect's gross negligence or willful misconduct in processing data in material breach of its agreement with you This indemnity is in addition to, and not in substitution for, any indemnity in the Software License Agreement or Terms of Service. 9. No warranty of legal compliance EnDetect provides tools to help you operate the Services; it does not guarantee that your use complies with any specific law. You remain solely responsible for legal compliance. 10. Changes We may update these Monitoring Terms from time to time. Material changes will be posted at this URL with an updated "Last updated" date. Continued use of the Services after changes constitutes acceptance where permitted by law. For material changes, we may require re-acceptance during login or onboarding. 11. Contact Questions about these Monitoring Terms: legal@endetect.com (or your published legal/support contact). 12. Governing terms If there is a conflict between these Monitoring Terms and the Software License Agreement or Terms of Service regarding your responsibilities as controller of monitoring data and indemnity for unlawful monitoring, these Monitoring Terms control for that subject matter only. All other terms remain governed by the Software License Agreement and Terms of Service.