Terms of Use

By registering for, installing, or using DearPulse, the Customer (hereinafter referred to as the “User” or “You”) confirms that they have read, understood, and agreed to be bound by the terms set out below.

If you do not agree with any of these terms, please discontinue use of the service and contact DearPulse for assistance.

DearPulse provides an enterprise performance management and operational transparency software platform, including:

• The DearPulse Dashboard software (web-based)
• The DearAgent software (installed on Windows/macOS/Linux workstations)
• APIs and webhooks for integration
• Documentation, technical support, and training as included in the service plan

• The User must provide accurate and complete information upon registration
• The User is responsible for the security of their account and for all activity arising from it
• DearPulse reserves the right to suspend or terminate an account if fraud, a breach of these terms, or a violation of law is discovered
• Passwords must meet minimum requirements: at least 8 characters, including uppercase letters, lowercase letters, numbers, and special characters

DearPulse grants the User a NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE license to use the software, within the scope and for the term of the service plan signed.

The User may NOT:

• Copy, decompile, or reverse-engineer the software
• Distribute, resell, or lease the software to third parties without a formal reseller agreement
• Modify the source code, tamper with security mechanisms, or disable licensing controls
• Use the software to violate the law, attack systems, or conduct unauthorized surveillance

• Comply with Decree 13/2023/ND-CP and all applicable personal data protection laws
• Obtain the consent of employees/end users before deploying DearAgent
• Clearly notify end users that their devices are being monitored under company policy
• Not use DearPulse to collect data beyond the scope of legitimate operational purposes
• Keep administrator accounts secure and not share them with unauthorized individuals
• Pay fees in full and on time according to the signed service plan

DearPulse is an operational transparency tool — NOT a tool for monitoring employees' private personal lives outside of working hours.

The User agrees not to use DearPulse to:

• Monitor employees outside working hours or on personal devices without authorization
• Collect sensitive personal data beyond operational purposes (for example: health information, religious beliefs, or sexual life)
• Discriminate against employees based on data collected
• Engage in any conduct that violates the Vietnamese Labor Code or related legal regulations

• Service fees are calculated as the number of workstations in use × the monthly unit price of the plan
• Payment methods: bank transfer, credit card, or other methods supported by DearPulse
• VAT invoices are issued in full compliance with Ministry of Finance regulations
• If payment is overdue by more than 30 days, DearPulse reserves the right to suspend the service
• Fees already paid are non-refundable except as provided under the Refund Policy

All software, source code, trademarks, logos, documentation, interfaces, content, and derivative works are the property of DearPulse or its licensors.

Data generated by the Customer during use of the service (such as reports, employee logs, and configurations) remains the property of the Customer.

The contract may be terminated under the following circumstances:

• The User requests cancellation under the terms of the service plan (with 30 days' prior notice)
• DearPulse discovers that the User has materially breached these terms
• DearPulse discontinues the product (with 90 days' prior notice and support for data migration)
• At the request of the law or a competent state authority

• DearPulse commits to a service availability (uptime) level as specified in the contracted service plan
• If the committed uptime is not met, the Customer is entitled to a fee credit in accordance with the SLA agreement
• DearPulse does not warrant that the software will be entirely free of defects, but commits to resolving defects within the SLA timeframe

To the extent permitted by law, DearPulse's total liability for any claims or damages arising from use of the product SHALL NOT EXCEED the total service fees paid by the Customer to DearPulse during the 12 months immediately preceding the claim.

DearPulse is not liable for indirect damages, loss of revenue, loss of data (except where caused by DearPulse's gross negligence), or damages caused by third parties.

Neither party shall be liable for failure to perform its obligations due to a force majeure event, including natural disasters, epidemics, war, government prohibition orders, or large-scale infrastructure outages (national internet, power grid), among others.

These terms are governed by the laws of the Socialist Republic of Vietnam.

Any dispute shall first be resolved through negotiation. If no agreement is reached, the dispute shall be resolved at the Vietnam International Arbitration Centre (VIAC) under its then-current rules of procedure, or at a competent court in Vietnam.

• Legal email: legal@dearpulse.net
• Support email: support@dearpulse.net
• Legal entity: DEARTECH SOFTWARE COMPANY LIMITED (CÔNG TY TNHH DEARTECH SOFTWARE) — Vietnam