1. Scope, provider, business customers only
1.1 These Terms govern all contracts for the use of the InClox software-as-a-service platform, including the web dashboard, team-member portal and the desktop and mobile apps ("Service"), between Eray Yilmaz, trading as InClox, Europaring 90, 53757 Sankt Augustin, Germany ("InClox", "we") and the customer ("Customer").
1.2 The Service is offered exclusively to businesses, i.e. persons acting in the exercise of their trade, business, craft or profession (§ 14 German Civil Code, BGB). By signing up, the Customer confirms that it acts as a business. Contracts with consumers are not concluded. We may ask for evidence (e.g. a VAT ID or company registration) and may terminate accounts that were opened by consumers.
1.3 Conflicting or additional terms of the Customer do not apply, even if we do not object to them.
2. The Service
2.1 InClox records working time for teams: work sessions, an activity score based on idle time, interval screenshots on desktop computers, device and remote-control detection, hour limits, task lists, a team-member portal, reports and payroll exports. The functions available depend on the plan (Free, Team, Business) as described on inclox.com/pricing at the time of ordering.
2.2 We may further develop the Service. We will not remove essential functions of a paid plan during a paid billing period without giving 6 weeks' notice; if the change is to the Customer's disadvantage, the Customer may terminate with effect from the date of the change.
2.3 The apps are provided as installers that are not signed or reviewed by Apple, Google or Microsoft. The separate notice "Installing unsigned apps" (inclox.com/install) forms part of these Terms.
3. Account, team members
3.1 The Customer creates a workspace and invites team members. The Customer is responsible for all activity under its workspace and must keep login data confidential.
3.2 Team members receive their own login. They use the apps on the Customer's instructions; no separate contract with InClox is concluded with them.
4. Plans, seats, prices, payment
4.1 Paid plans are billed per seat. A seat is a team member who is able to track time in the workspace during the billing period.
4.2 Billing is monthly or yearly in advance through Stripe. Adding seats during a period is charged pro rata immediately; removing seats takes effect from the next period.
4.3 Prices are stated in US dollars and exclude any applicable taxes. If VAT, sales tax or similar taxes apply, they are added according to the law of the place of supply. Where the reverse-charge rule applies, the Customer pays the tax itself. The Customer will provide a valid VAT ID or tax number where needed.
4.4 We may change prices with at least 6 weeks' notice before the next billing period. If the price increases, the Customer may terminate with effect from the date the new price applies.
4.5 If a payment fails and remains unpaid 14 days after a reminder, we may restrict the workspace to read-only access until payment. Statutory rights remain unaffected.
5. Term and termination
5.1 The contract runs for an indefinite period and renews automatically for the chosen billing period (month or year).
5.2 Either party may terminate with effect from the end of the current billing period. The Customer can terminate in the app or by email. Fees already paid for the current period are not refunded, except where these Terms or the law provide otherwise.
5.3 The right to terminate for good cause is unaffected. Good cause for us exists in particular if the Customer uses the Service for covert surveillance or otherwise in clear breach of section 6.
5.4 Free plans can be ended by either party at any time with 14 days' notice; by us without notice in case of misuse.
5.5 Data after termination: the Customer can export its data until the end of the contract and for 30 days afterwards. We then delete the workspace data (see Data Processing Agreement, section 10).
6. Customer duties when monitoring people
6.1 The Customer alone decides whether, for whom and with which functions (in particular screenshots, activity score, device and remote-control detection) the Service is used. The Customer is the controller under data protection law for the data of its team members and is responsible for complying with all laws that apply to it, including employment, data protection and works-council law in each country where team members work.
6.2 In particular, the Customer will:
- Legal basis: ensure a valid legal basis for each function before use. For employees in Germany, § 26(1) BDSG may not be sufficient on its own following the judgment of the Court of Justice of the EU of 30 March 2023 (C-34/21); the Customer should rely directly on Art. 6(1)(b), (c) or (f) GDPR or on a works agreement or collective agreement within the meaning of Art. 88 GDPR and § 26(4) BDSG. Consent of employees is valid only in exceptional cases because it must be freely given (§ 26(2) BDSG). As of October 2026 there is no separate German employee data protection act in force.
- Proportionality: use screenshots and the activity score only to the extent necessary for the purpose (e.g. proof of hours for billable work), choose the longest suitable screenshot interval and the shortest suitable retention period, and not use the Service for permanent performance or behaviour control without specific grounds.
- Information: inform each team member before tracking starts, in writing, about what is recorded, why, how long it is kept, who can see it and which rights the team member has (Art. 13 GDPR). InClox provides a text template and an in-app notice; the Customer remains responsible for its content.
- Works council: where a works council exists (in Germany § 87(1) no. 6 Works Constitution Act, BetrVG; comparable rules elsewhere), obtain its co-determination before introducing the Service.
- Impact assessment: check whether a data protection impact assessment is required (Art. 35 GDPR) and carry it out. For systematic screenshot recording of staff, this will usually be the case.
- No covert use: not hide, disguise or alter the apps so that team members cannot see that recording is taking place, and not install them on a person's device without that person's knowledge.
- Private devices and private time: not use the Service on privately owned devices without a separate agreement with the team member, and ensure that recording only happens during working time.
- Third-party data: take reasonable steps so that screenshots capture as little personal data of third parties (clients, private messages, health or payment data) as possible, e.g. by instructing team members to stop the session for private matters.
- Artificial intelligence: not feed data from the Service into AI systems that evaluate the performance or behaviour of workers or recognise emotions, unless the requirements of Regulation (EU) 2024/1689 (AI Act) are met.
- Local law outside the EU: comply with the laws of every country where team members are located, including notice or consent requirements for workplace monitoring.
6.3 The Customer will not use the Service to store unlawful content, to attack or test the security of the Service without our written consent, or to resell it without our consent.
6.4 The Customer indemnifies InClox against third-party claims (including claims of team members and fines imposed on InClox) that arise because the Customer culpably breached section 6, and will support InClox in defending such claims. This includes reasonable legal costs.
7. Availability, support, maintenance
7.1 We aim for an availability of the web dashboard and server functions of 99.0 % per calendar year. This is a target, not a guarantee, and does not apply to the Free plan. Not included are scheduled maintenance (announced at least 24 hours in advance where possible), short urgent security maintenance, and outages caused by circumstances outside our control (in particular internet outages, outages of hosting and database providers we use, and force majeure).
7.2 Support is provided by email (info@ponyagcy.com) on German business days. We aim to respond within 2 business days.
7.3 Time already recorded locally by the apps is synchronised once the connection is restored, as far as technically possible.
8. Data protection, processing on behalf
8.1 For personal data that the Customer or its team members enter into or record with the Service, we act as the Customer's processor. The Data Processing Agreement (inclox.com/dpa) applies and is concluded on sign-up; it forms part of these Terms.
8.2 For data of the Customer's own account and billing, we are the controller; see the Privacy Policy.
8.3 We may use anonymous, aggregated statistics on the use of the Service (without screenshots and without content) to operate and improve it.
9. Rights of use
9.1 For the term of the contract, the Customer receives a non-exclusive, non-transferable right to use the Service for its own business purposes and to let its team members use it.
9.2 All data entered or recorded remain the Customer's. We use them only to provide the Service.
10. Warranty
10.1 We provide the Service in the agreed quality. The Customer must report defects promptly with a meaningful description.
10.2 Strict liability for defects that already existed at the time the contract was concluded (§ 536a(1) first alternative BGB) is excluded.
10.3 For the Free plan, we provide no warranty beyond what is mandatory by law; defects that we conceal fraudulently remain unaffected.
11. Liability
11.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under a guarantee we have given, for fraudulently concealed defects and under the German Product Liability Act.
11.2 For slight negligence we are only liable for breach of essential contractual obligations (obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment the Customer may regularly rely). In this case, liability is limited to the foreseeable damage typical for this type of contract, and in any case per contract year to the amount paid by the Customer in the 12 months before the damaging event, but at least USD 1,000.
11.3 We are not liable for loss of data to the extent the damage would not have occurred if the Customer had exported its data regularly in a reasonable manner.
11.4 For the Free plan we are only liable for intent and gross negligence; section 11.1 remains unaffected.
11.5 These limitations also apply to our representatives and assistants.
12. Changes to these Terms
We may change these Terms with at least 6 weeks' notice by email. If the Customer does not object in text form before the changes take effect, they are deemed accepted; we will point this out in the notice. If the Customer objects, either party may terminate with effect from the date the changes would take effect. Changes to the main obligations (scope of the Service, prices) are only made in accordance with sections 2.2 and 4.4.
13. Final provisions
13.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2 If the Customer is a merchant (Kaufmann), a legal entity under public law or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is the court competent for Sankt Augustin, Germany (Siegburg Local Court or Bonn Regional Court). We may also sue the Customer at its place of business.
13.3 The English version of these Terms is binding.
13.4 If individual provisions are invalid, the remaining provisions stay valid.