Legal

Terms of service

  • Version: 2026-11-05
  • Applies to: the achievAI service and dashboard.achievai.app

Version 2026-11-05. This agreement is written in plain language for your review; it is not legal advice, and you should have your own counsel review it before relying on it. If a separately signed order form or master services agreement exists between your company and us, that signed agreement governs over any conflict with these terms.

1. Definitions

  • "achievAI", "we", "us", "our" means Sieva Networks, Inc., a Delaware corporation, which provides the achievAI service.
  • "you", "your", "Customer" means the company or other organization on whose behalf this agreement is accepted.
  • "Service" means the achievAI workforce-analytics software, the recorder agent, the dashboard, APIs, and related documentation and support we make available to you.
  • "Authorized Users" means your administrators and the individuals you permit to use the Service or whose work computers run the recorder.
  • "Customer Data" means the activity signals, summaries and other data the Service collects or generates about your organization and your Authorized Users.
  • "Personal Data", "controller", "processor", "process" have the meanings given in applicable data-protection law (for example the GDPR and the CCPA/CPRA).

2. Agreement and acceptance

This is a binding agreement between you and us for the Service. To accept, an authorized administrator confirms acceptance in the dashboard by giving the Customer's legal entity name and the administrator's own name and title and affirmatively agreeing to these terms; that person represents that they are authorized to bind the Customer. We record each acceptance — the legal entity, the individual who accepted, the version of these terms, and the date and time. Continuing to use the Service also constitutes acceptance. If you do not agree, do not use the Service. These terms apply to every access to and use of the Service.

3. The Service and your right to use it

The Service is provided to you as hosted, subscription access -- not as software that is sold, delivered or licensed for you to possess. Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during the term. The recorder agent is installed on your Authorized Users' work computers to collect the activity signals; it is a visible component of the Service and remains part of it.

The Service collects lightweight activity signals -- such as screen-change (motion) levels, input counts, foreground application and website host, and audio-session state -- and turns them into attendance, engagement and project summaries in the dashboard. It does not record the screen as video, does not capture the contents of what is typed, and does not run while a computer is locked. What is collected is described in the notice each Authorized User reads and acknowledges and in our privacy statement. A Data Collection Schedule describing each signal, its default and optional settings, how often it is collected and how long it is kept is available on request and is incorporated into this agreement by reference.

You will not, and will not permit anyone to: (a) copy, modify, reverse engineer, decompile or create derivative works of the Service except as the law expressly permits; (b) rent, resell, sublicense or operate the Service as a service bureau for third parties without our written consent; (c) circumvent the Service's security, usage limits or access controls; (d) use the Service to build a competing product; or (e) remove any proprietary notices.

4. Accounts, administrators and security

You are responsible for your Authorized Users and for all activity under your accounts. You will keep credentials confidential, use the Service's security features (including administrator roles and any multi-factor sign-in), and notify us promptly of any suspected unauthorized access. Your administrators control who is invited, which optional signals are collected, time zones, pay periods and other company settings. You are responsible for your administrators' decisions.

5. Acceptable use

You will use the Service only for lawful, legitimate workforce-management purposes. You will not use it to: covertly surveil any person; monitor anyone who has not received the notice; monitor personal (non-work) devices; monitor off-duty conduct, protected activity, or categories of data that applicable law prohibits monitoring; or for any unlawful, harassing or discriminatory purpose. You will not upload unlawful content or interfere with the integrity or performance of the Service.

6. Monitoring your workforce -- your responsibilities

Workplace monitoring is regulated, and the rules differ by country, state and locality. You decide to monitor, decide what to collect, and are the party responsible to your Authorized Users and to regulators for doing so lawfully. We provide tools; we do not advise you on whether your monitoring is lawful. You represent, warrant and agree that you will:

  • provide every monitored person with the notice before collection begins, keep the recorder visible, and never deploy it covertly;
  • establish a valid legal basis for the monitoring and obtain any consent, works-council agreement, or notification that your jurisdiction requires;
  • honor your Authorized Users' rights to access, correct, delete, or object to the processing of their data, which the dashboard is designed to help you do;
  • not use the Service's figures as the sole basis for any pay, discipline, promotion, hiring or termination decision -- they are estimates derived from activity signals, not a measured record of work or productivity; and
  • maintain your own lawful retention and deletion practices for any data you export.

An Authorized User's acknowledgment of the monitoring notice is evidence that notice was given; it does not by itself establish consent or any other lawful basis for the monitoring, which the Customer is solely responsible for establishing and documenting (in the EU and some other jurisdictions, an employer generally cannot rely on employee consent because of the imbalance of power between employer and employee). achievAI may suspend collection for the Customer, or for an individual Authorized User, if it reasonably believes a required notice, consent, approval or lawful basis is missing, until the Customer confirms it is in place.

You will not use the Service, or its outputs, to make or substantially inform an automated decision about a person where applicable law on automated decision-making or artificial intelligence (for example the EU AI Act or California's automated-decision-making rules) prohibits it or imposes obligations you have not met, and you will carry out any assessment such law requires. The Service produces estimates to support human judgment; it does not itself make employment decisions about any individual.

7. Compliance with laws

Each party will comply with the laws and regulations that apply to it in connection with this agreement. We will provide and operate the Service in compliance with the laws applicable to us as the provider of a hosted analytics service, and we maintain policies and controls designed to meet them. You will comply with all laws applicable to you as an employer and as the party that decides to monitor -- including employment, labor, electronic-monitoring, wiretap/consent, and data-protection laws in every place your Authorized Users work. Neither party is responsible for the other's compliance obligations.

8. Privacy and data protection

Roles. For Customer Data that is Personal Data about your Authorized Users, you are the controller and we are your processor (or, under the CCPA/CPRA, you are the business and we are your service provider). We process that Personal Data only to provide and support the Service, on your documented instructions, and as these terms and our Data Processing Addendum ("DPA") allow -- never to sell it, to share it for cross-context behavioral advertising, or for our own unrelated purposes. For the account and billing information you give us to run the Service, we act as a controller, as described in our privacy statement.

Data Processing Addendum. Our DPA is incorporated into this agreement by reference and applies wherever we process Personal Data on your behalf. Where the GDPR, UK GDPR or similar law applies, the DPA sets out the subject matter, duration, nature and purpose of processing, the types of data and categories of data subjects, and the parties' obligations, and includes the Standard Contractual Clauses for any restricted international transfer.

Security. We maintain administrative, technical and physical safeguards designed to protect Customer Data against unauthorized access, loss or disclosure -- including encryption of data in transit, access controls and least-privilege, logical separation of each customer's data, signed and tamper-evident recorder builds, and audit logging. No method of transmission or storage is perfectly secure, and we do not warrant absolute security.

Our personnel and sub-processors. We bind our personnel to confidentiality and limit access to those who need it. We use a limited set of sub-processors (such as our hosting and transactional-email providers) to deliver the Service; they are listed in, or available through, our privacy statement, and we impose data-protection terms on them consistent with this section. We will give you a reasonable way to learn of new sub-processors and to object to a material change.

Data subject and consumer requests. We will, taking into account the nature of the processing, assist you with requests from your Authorized Users to exercise their rights, and the dashboard provides self-service export and deletion tools for this purpose. If we receive such a request directly, we will refer it to you unless the law requires otherwise.

Breach notification. If we become aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of or access to Customer Data, we will notify you without undue delay after confirming it, and provide the information you reasonably need to meet your own notification obligations.

Retention and deletion. Raw recorder samples are kept only for the limited period stated in our privacy statement (and are then deleted); derived daily totals and records needed for the Service are kept for the retention your company configures. On termination, we will return or delete Customer Data as described in Section 15, except where the law requires us to keep it.

Aggregated data. We may create and use de-identified, aggregated statistics that do not identify you or any individual (for example, to operate, secure and improve the Service). We will not re-identify such data.

9. Confidentiality

Each party may receive the other's non-public information ("Confidential Information"). The recipient will use it only to perform this agreement, protect it with at least reasonable care, and not disclose it except to its personnel and advisers who need it and are bound to confidentiality. This does not apply to information that is public through no fault of the recipient, already known to it, independently developed, or rightfully received from a third party. A party may disclose Confidential Information if legally compelled, after giving reasonable notice where permitted. Customer Data is your Confidential Information.

10. Intellectual property

We and our licensors own all right, title and interest in the Service, including the recorder, dashboard, software, models, and all related intellectual property; no rights are granted except the limited right to use the Service in Section 3. You own your Customer Data. You grant us a non-exclusive right to host, process and use Customer Data solely to provide, secure and support the Service and as otherwise permitted by this agreement. If you give us feedback or suggestions, we may use them without restriction or obligation to you.

11. Fees and taxes

Fees, billing terms and plan limits, if any, are those set out in your order form or as otherwise agreed in writing. Fees are exclusive of taxes, which are your responsibility except for taxes on our net income. Where no fee has been agreed, the Service is provided at no charge and we may begin charging, or change or discontinue a free offering, on reasonable prior notice.

12. Service availability and support

We aim to keep the Service available and will use commercially reasonable efforts to do so, but we do not guarantee uninterrupted or error-free operation. We may perform maintenance (and will try to schedule planned maintenance to limit disruption) and may modify or discontinue features. Support is provided through the dashboard's help and ticketing tools. Any specific service-level commitment applies only if stated in a signed order form.

13. Warranties and disclaimers

Each party warrants that it has the authority to enter into this agreement. Except as expressly stated, the Service is provided "as is" and "as available." The engagement, attendance and activity figures are estimates derived from signals such as screen motion, input counts and audio-session state; they can be incomplete or wrong and are not validated for pay, performance or employment decisions. To the maximum extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement, and we do not warrant that the Service will meet your requirements or be uninterrupted, secure or error-free.

14. Indemnification

By you. You will defend, indemnify and hold harmless achievAI and its officers, directors, employees and agents from and against any third-party claim, and any resulting losses, damages, liabilities, settlements, fines, penalties and reasonable legal fees, arising out of or relating to: (a) your or your Authorized Users' use of the Service in breach of this agreement or the law; (b) your monitoring of your workforce, including any failure to give required notice, obtain required consent, or establish a lawful basis; (c) Customer Data, or your collection, use, disclosure or retention of it; (d) employment, labor or privacy claims by your Authorized Users relating to the monitoring; or (e) your violation of applicable law. This reflects that you decide to monitor and control what is collected.

By us. We will defend you against a third-party claim that the Service, as provided by us and used within this agreement, infringes that third party's intellectual-property rights, and we will pay the damages finally awarded or settlement we approve. This does not apply to a claim arising from Customer Data, your configuration or monitoring decisions, use in breach of this agreement, or combination of the Service with anything we did not provide. If the Service becomes, or we believe it may become, the subject of such a claim, we may at our option procure the right to continue using it, modify it, or terminate the affected use and refund any prepaid, unused fees. This section states our entire liability for intellectual-property infringement.

Procedure. The indemnified party will promptly notify the indemnifying party of the claim, give it sole control of the defense and settlement (except that a settlement imposing a non-monetary obligation on the indemnified party needs its consent), and provide reasonable cooperation.

15. Limitation of liability

To the maximum extent the law allows, neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, however caused and on any theory of liability. Each party's total aggregate liability arising out of or relating to this agreement will not exceed the fees you paid us for the Service in the twelve months before the event giving rise to the liability (or, where the Service is provided at no charge, USD 100) (the "cap"). This cap is the maximum and applies to all claims, including those relating to a party's confidentiality or data-protection obligations. The only exceptions, which are not subject to the cap, are: (a) your indemnification obligations and your payment obligations; and (b) fraud, willful misconduct, or any liability that cannot be limited by applicable law.

16. Term, suspension and termination

This agreement begins when you first accept it and continues while you use the Service or as stated in your order form. Either party may terminate for convenience on reasonable prior notice (or as the order form states), and either party may terminate for the other's material breach that is not cured within 30 days of written notice. We may suspend the Service immediately if your use poses a security risk, is unlawful, or may harm the Service or others, and we will restore it once the cause is resolved. On termination your right to use the Service ends; you will uninstall the recorders; and on your written request within 30 days we will make Customer Data available for export or will delete it, except where the law requires us to retain it. Sections that by their nature should survive -- including Definitions, confidentiality, intellectual property, warranties/disclaimers, indemnification, limitation of liability, governing law, and these general terms -- survive termination.

17. Changes to the Service and these terms

We may improve and change the Service, and we may update these terms. If we make a material change to the terms, we will ask your administrator to accept the new version before continuing to use the Service, and the new version applies from acceptance. Non-material changes are effective when posted. Your continued use after a change takes effect means your company accepts it.

18. Force majeure

Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, outages of upstream providers or networks, labor disputes, or governmental action.

19. Assignment

Neither party may assign this agreement without the other's consent, except that either party may assign it, with notice, to a successor in a merger, acquisition or sale of substantially all its assets. Any other attempted assignment is void. This agreement binds the parties' permitted successors and assigns.

20. Governing law and disputes

This agreement is governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute that is not otherwise resolved, and each party consents to that jurisdiction and venue -- unless a signed agreement between us provides for arbitration or another forum.

21. Export control and sanctions

You will comply with applicable export-control and sanctions laws, and you represent that you are not located in, and will not use the Service in, a country or by a party subject to an embargo or denial under those laws.

22. Notices

We may give you notices through the dashboard or to the email on your account; you are responsible for keeping it current. You may give us notice at the contact in Section 24. Notices are effective when sent (for email/in-product) or received (otherwise).

23. General

This agreement, together with any order form, our privacy statement and our DPA, is the entire agreement between the parties about the Service and supersedes prior discussions. The parties are independent contractors; nothing creates a partnership, agency or joint venture. If any provision is held unenforceable, it will be limited to the minimum extent necessary and the rest stays in effect. A failure to enforce a provision is not a waiver. There are no third-party beneficiaries. Acceptance may be given electronically, and an electronically recorded acceptance is valid and binding.

24. Contact

Questions about this agreement, or notices to us: support@achievai.app.