IMPORTANT — READ CAREFULLY.This End User License Agreement (“EULA”) is a binding legal agreement between you and Activity Racoon, including its owners, operators, and affiliates (“Activity Racoon,” “we,” “us”) for the Activity Racoon software installed on your device, including the Windows service and tray applications and the VS Code / Cursor extension (collectively, the “Software”).
By installing, copying, or using the Software, you agree to this EULA. If you do not agree, do not install or use the Software. If you act on behalf of an organization, you represent that you have authority to bind that organization and its personnel to this EULA.
This EULA governs the Software. Use of the web dashboard and hosted APIs at https://app.aracoon.com is governed by our Terms & Conditions. If there is a conflict, this EULA controls the Software; the Terms control the hosted Service.
1. Eligibility and authorized use only
You may install or use the Software only ifyou are (a) at least 18 years old or the age of majority in your jurisdiction, (b) explicitly authorized by an organization that has deployed or subscribed to Activity Racoon, and (c) using the Software for that organization's internal business purposes.
Unauthorized installation, personal use without organizational authorization, or use after your authorization has been revoked is prohibited. Activity Racoon may disable credentials, block access, or pursue legal remedies against unauthorized use.
2. The Software
The Software is a technical tool that collects and transmits activity signals as configured by your organization. It includes, as made available by your organization:
- Windows agent — background service for workstation activity signals
- Tray application — user-session status UI
- IDE extension — development-context telemetry for task attribution
- Updates, patches, and documentation we provide for the above
3. License grant
Subject to this EULA and your organization's agreement with us, we grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to install and use the Software solely as configured by your organization's administrators. All rights not expressly granted are reserved by Activity Racoon.
4. Your organization controls monitoring and data
Activity Racoon provides software capability only. Your organization alone is responsible for its monitoring program.
Your organization, not Activity Racoon, decides and is solely responsible for:
- Whether to deploy the Software and which features to enable (including optional screenshot sampling, exclusions, retention, and non-exitable policies)
- Informing employees, contractors, and other monitored individuals about monitoring, as required by applicable law
- Establishing lawful bases, consents, or employment policies for workplace monitoring
- How collected data is used, shared, retained, exported, analyzed, or deleted — including for performance management, discipline, termination, or any other purpose
- Responses to complaints, grievances, and data-subject requests from personnel
You acknowledge that when monitoring is active, the Software operates as designed and configured by your organization, and that administrators may view activity at individual or team level depending on settings. Details of collection are in our Privacy Policy.
5. No employment, HR, or legal decisions by Activity Racoon
THE SOFTWARE AND ANY OUTPUTS (INCLUDING METRICS, TIMELINES, FOCUS SCORES, SCREENSHOTS, FORECASTS, AND AI-GENERATED TEXT) ARE INFORMATIONAL TOOLS ONLY. ACTIVITY RACOON DOES NOT MAKE AND DOES NOT ADVISE ON EMPLOYMENT, DISCIPLINARY, COMPENSATION, PROMOTION, TERMINATION, OR OTHER HUMAN-RESOURCES DECISIONS.
Any decision made by your organization using data from the Software is made solely by your organization. Activity Racoon and its owners are not responsible for how your organization interprets, relies on, or acts on data or outputs.
6. Misuse, exploitation, and unintended use
If you, your organization, or any third party misuses, exploits, manipulates, misconfigures, tampers with, or uses the Software in a way not intended by its documented functionality — including bypassing or attempting to bypass controls — you assume all risk and liability from that conduct.
Activity Racoon is not responsible for harm arising from unauthorized access, credential sharing, policy misconfiguration, integration misuse, reliance on inaccurate outputs, or use of the Software in violation of law or this EULA.
7. Restrictions
Except where prohibited restrictions are unenforceable by law, you may not:
- Use the Software without organizational authorization or after authorization ends
- Reverse engineer, decompile, or disassemble the Software except to the limited extent allowed by law
- Circumvent, disable, or interfere with security, authentication, licensing, monitoring policy, or integrity controls
- Probe, scan, or test vulnerabilities without our prior written consent
- Copy, distribute, publish, sell, rent, lease, or sublicense the Software
- Use the Software to build a competing product or access non-public interfaces
- Share agent credentials, registration tokens, or machine identity with unauthorized parties
- Use the Software in violation of law, regulation, or third-party rights
8. Updates
We may provide updates or changes to the Software. Your organization may deploy updates automatically or require manual installation. Updates are subject to this EULA unless accompanied by different terms.
9. Data and privacy
The Software transmits data to your organization's Activity Racoon server as configured. The Software does not implement keystroke logging or clipboard capture. See our Privacy Policy and Security pages. Hosted processing and AI features may also be governed by our Terms and DPA.
10. Ownership and feedback
Activity Racoon and its licensors own all rights in the Software, including intellectual property and branding. This EULA grants a license only; it does not transfer ownership.
If you submit suggestions or feedback about the Software, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without obligation to you.
11. Termination
This license ends upon violation of this EULA, unauthorized use, loss of organizational authorization, end of your organization's subscription, or our or your administrator's decision to disable or uninstall the Software. We may terminate or disable access immediately and without liability if we reasonably believe you pose a legal, security, or abuse risk.
Upon termination, you must stop using and uninstall the Software where practicable. Sections that by nature should survive will survive.
12. Disclaimer of warranties
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVITY RACOON AND ITS OWNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION, OR THAT OUTPUTS WILL BE COMPLETE OR SUITABLE FOR ANY PURPOSE.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVITY RACOON AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR EMPLOYMENT-RELATED CLAIMS, ARISING FROM OR RELATED TO THE SOFTWARE OR THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SOFTWARE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOUR ORGANIZATION PAID US FOR THE SOFTWARE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limitations apply to all theories of liability and to claims by you, your organization, employees, contractors, and other third parties, to the fullest extent permitted by law.
14. Indemnification
You and your organization agree to defend, indemnify, and hold harmlessActivity Racoon and its owners, officers, employees, contractors, and agents from and against any and all claims, demands, damages, losses, liabilities, penalties, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your or your organization's use, misuse, or exploitation of the Software
- Your organization's monitoring practices, failure to provide required notice, or use of collected data
- Any employment, privacy, labor, or workplace claim by an employee, contractor, candidate, or other individual relating to monitoring or analytics
- Your violation of this EULA or applicable law
- Any allegation that your organization's instructions or configuration caused the processing at issue
We may assume exclusive defense of any matter subject to indemnification; you will cooperate at your expense. This indemnity does not apply to the extent a claim finally determined by a court or arbitrator to result solely from our willful misconduct in delivering Software that materially deviated from its documented functionality.
15. Equitable relief
You agree that breach of intellectual-property or security restrictions may cause irreparable harm for which monetary damages are inadequate. Activity Racoon may seek injunctive or equitable relief in any court of competent jurisdiction without posting bond, in addition to other remedies.
16. Dispute resolution; arbitration; class waiver
Please read this section carefully — it affects your legal rights.
Any dispute, claim, or controversy arising from or relating to this EULA or the Software (a “Dispute”) will be resolved by binding individual arbitrationadministered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, except as modified here. the laws of the State of Delaware, United States, without regard to conflict-of-law principles governs this EULA and any Dispute.
Class and representative actions waived: you and Activity Racoon may bring claims against each other only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding.
Jury trial waived: if a Dispute proceeds in court rather than arbitration (as permitted below), both parties waive any right to a jury trial.
Either party may seek injunctive relief in court for intellectual property infringement, unauthorized use, or security violations. Either party may also bring qualifying individual claims in small-claims court.
You may opt out of arbitration within 30 days of first accepting this EULA by emailing [email protected]with subject “Arbitration Opt-Out” and your name, organization, and date of first use.
17. Attorneys' fees
If Activity Racoon prevails in any action or proceeding to enforce this EULA (including arbitration), you agree to reimburse our reasonable attorneys' fees and costs to the fullest extent permitted by law.
18. Export
You may not export or re-export the Software except as authorized by applicable U.S. and local export-control and sanctions laws.
19. General
- Assignment: you may not assign this EULA without our written consent. We may assign it in connection with a merger, acquisition, or sale of assets.
- Severability: if any provision is unenforceable, the remainder stays in effect and the provision is modified minimally to be enforceable.
- Entire agreement: this EULA, the Terms, Privacy Policy, and documents incorporated by reference are the entire agreement regarding the Software.
- No waiver: failure to enforce a provision is not a waiver of future enforcement.
20. Changes
We may update this EULA by posting a revised version at https://aracoon.com/eula. Material changes apply to new installations or continued use after the effective date, as stated on the page. Continued use after changes constitutes acceptance.
21. Contact
Questions about this EULA: [email protected].
Related documents
For installers and marketplaces
Distribution channels may display: “By installing Activity Racoon, you agree to the End User License Agreement at https://aracoon.com/eula, including arbitration and indemnification terms.” The full text above is authoritative.