IMPORTANT — READ CAREFULLY.These Terms & Conditions (“Terms”) govern access to and use of websites and services operated by Activity Racoon, including its owners, operators, and affiliates (“Activity Racoon,” “we,” “us”), and the Activity Racoon platform at https://app.aracoon.com(collectively, the “Service”).
By accessing the Service, creating an account, or using Activity Racoon on behalf of an organization, you agree to these Terms and our End User License Agreement for installed software. If you act for an organization, you represent authority to bind that organization.
1. The Service
Activity Racoon provides engineering intelligence tooling: delivery analytics, activity timelines, integrations, and optional AI-assisted insights. The Service may include a web dashboard, APIs, a Windows desktop agent, tray application, IDE extension, and connectors to third-party platforms.
The Service is a technical platform. We provide software and infrastructure; we do not run your organization's monitoring program or make decisions about your personnel.
2. Eligibility and authorized access
You must be at least 18 (or the age of majority where you live) and authorized by a subscribing or deploying organization to use the Service. You may not create accounts, register agents, or access data without authorization. We may refuse, suspend, or terminate access at any time for any reason permitted by law, including abuse, fraud, or legal risk, without liability to you.
3. Accounts and organizations
Organizations have administrators who manage members, invitations, tracking usernames, and policy (including monitoring options and optional screenshot sampling). You are responsible for safeguarding credentials and all activity under your account.
4. Organization responsibility — monitoring, notice, and data use
If you are an organization (or act for one), you alone control how the Service is used with your workforce. Activity Racoon is not responsible for your monitoring program. You are solely responsible for:
- Deciding whether to monitor personnel and which features to enable
- Providing all notices, consents, and policies required by employment, privacy, and monitoring laws in every jurisdiction where you deploy
- How you use, analyze, share, retain, export, or delete data collected through the Service — for any purpose, including performance reviews, discipline, termination, or legal proceedings
- Responding to employee, contractor, and regulator inquiries and data-subject requests relating to data you control
- Ensuring your use complies with collective bargaining agreements, contracts, and internal policies
You acknowledge that organization policies may prevent end users from stopping the agent while monitoring is required. That is a configuration choice made by your organization, not Activity Racoon.
5. No employment, HR, or legal advice
THE SERVICE AND ALL OUTPUTS (METRICS, TIMELINES, SCORES, SCREENSHOTS, FORECASTS, AI TEXT, AND REPORTS) ARE INFORMATIONAL ONLY. ACTIVITY RACOON AND ITS OWNERS DO NOT PROVIDE LEGAL, HR, EMPLOYMENT, OR COMPLIANCE ADVICE AND DO NOT MAKE EMPLOYMENT DECISIONS ON YOUR BEHALF.
You agree not to treat Activity Racoon as a decision-maker or co-employer regarding your personnel. Any action you take based on Service data is your organization's sole responsibility.
6. Misuse, exploitation, and third-party conduct
You are responsible for all use of the Service under your account and organization. Activity Racoon is not liable for harm caused by:
- Misconfiguration, misuse, or exploitation of the Service
- Unauthorized access using stolen or shared credentials
- Integrations or tokens you provide
- Reliance on incomplete, delayed, or inaccurate outputs
- Conduct of your employees, contractors, admins, or invitees
- Use of the Service contrary to law, these Terms, or the EULA
7. Acceptable use
You agree not to:
- Violate law or third-party rights
- Bypass security, access controls, rate limits, or monitoring policies without authorization
- Scrape, crawl, or programmatically access the Service except via documented APIs within permitted limits
- Perform security testing without our prior written consent
- Reverse engineer the Service except where law prohibits restraint
- Disrupt the Service or other users
- Build a competing product using proprietary logic or non-public interfaces
- Resell, sublicense, or provide unauthorized access to the Service
- Publish benchmarks or performance comparisons without our written permission
8. Third-party services
Integrations connect to third-party platforms under their terms. We are not responsible for third-party services, outages, or data they expose.
9. AI features
AI outputs may be wrong or incomplete. Verify before any employment, security, or business decision. AI may send contextual data to model providers when enabled by your organization.
10. Customer data and privacy
Our Privacy Policy describes data practices. Our DPA applies when we process personal data on your behalf. As between Activity Racoon and a customer organization, the organization is the controller of workplace activity data; we process it only to provide the Service per your configuration and instructions.
11. Intellectual property
We own the Service, documentation, and branding. You receive a limited, non-exclusive, non-transferable right to use the Service during your authorized period. You retain ownership of data you submit and grant us rights necessary to operate the Service.
Feedback you provide may be used by us without restriction or compensation.
12. Confidentiality and security
Each party will protect the other's confidential information with reasonable care. See our Security page for technical measures.
13. Disclaimers
THE SERVICE 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT OUTPUTS MEET YOUR REQUIREMENTS.
14. 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 SERVICE OR THESE TERMS.
OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.
These limits apply to all theories of liability and claims by you, your organization, users, employees, and third parties, to the fullest extent permitted by law.
15. Indemnification
You (and, if applicable, your organization) agree to defend, indemnify, and hold harmlessActivity Racoon and its owners, officers, employees, contractors, and agents from any claims, damages, losses, liabilities, penalties, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your or your organization's use or misuse of the Service
- Your monitoring program, notices, policies, or use of collected data
- Employment, privacy, labor, or workplace claims by any individual relating to monitoring or analytics
- Your violation of these Terms, the EULA, or applicable law
- Data or instructions you provide, or integrations you enable
- Claims that we processed data according to your configuration
End users installing Software also indemnify us under the EULA. We may control defense of indemnified matters; you will cooperate at your expense.
16. Equitable relief
We may seek injunctive or equitable relief in court for intellectual property infringement, unauthorized access, or security violations without bond, in addition to other remedies.
17. Dispute resolution; arbitration; class waiver
Please read this section carefully. Any dispute arising from or relating to these Terms or the Service will be resolved by binding individual arbitration under AAA Commercial Arbitration Rules, except as modified here. the laws of the State of Delaware, United States, without regard to conflict-of-law principles governs these Terms.
Class actions waived: claims may be brought only in an individual capacity, not as a class or representative action. Jury trial waived where litigation is permitted.
Either party may seek injunctive relief in court for IP or security violations, or bring qualifying claims in small-claims court. You may opt out within 30 days of first accepting these Terms by emailing [email protected]with subject “Arbitration Opt-Out”.
18. Suspension and termination
We may suspend or terminate access immediately, with or without notice, for breach, abuse, non-payment, security risk, or legal compliance, without liability or refund obligation except where required by law. You may stop using the Service at any time. Surviving sections include IP, disclaimers, liability limits, indemnity, arbitration, and governing law.
19. Force majeure
We are not liable for delay or failure due to events beyond our reasonable control (including outages, acts of God, war, labor disputes, or third-party service failures).
20. General
- Assignment: you may not assign these Terms without our consent. We may assign them in connection with a merger or sale.
- Severability: unenforceable provisions are modified minimally; the rest remains in effect.
- Entire agreement: these Terms, the EULA, Privacy Policy, DPA, and incorporated documents are the full agreement.
- Attorneys' fees: if we prevail enforcing these Terms, you reimburse our reasonable fees to the extent permitted by law.
21. Changes
We may update these Terms by posting a revised version with a new effective date. Continued use after changes constitutes acceptance.
22. Contact
Questions about these Terms: [email protected].