End-User License Agreement and Terms of Service
Effective Date: December 22, 2025 | Last Updated: June 11, 2026
IMPORTANT—READ CAREFULLY: These Terms & Conditions ("Terms" or "Agreement") constitute a legally binding contract between Nanjing Wangya Computer Co., Ltd. ("Company", "we", "us", "our") and the legal entity or individual purchasing, downloading, installing, or otherwise utilizing the OsMonitor on-premise employee monitoring software ("Software"), hereinafter referred to as the "Customer" or "User". By accessing, installing, copying, or executing the Software, you acknowledge that you have read, understood, and agreed to be unconditionally bound by all covenants, restrictions, and legal obligations stipulated herein.
1. Definitions and Interpretation
Within the scope of this Agreement, "Software" shall mean the proprietary OsMonitor binary executables, including the Server components, Client agents, localized management modules, databases, configurations, related electronic documentation, and any subsequent updates or patches provided by the Company. "On-Premise Deployment" or "Self-Hosted" specifies that the Software is executed entirely within an IT infrastructure owned, leased, or strictly managed by the Customer, with zero computational asset hosting or operational dependencies provided by the Company's infrastructure.
2. Proprietary Intellectual Property & License Grant
The Software is licensed, not sold. All title, copyright, trade secrets, patents, and other intellectual property rights in and to the Software remain exclusively vested in Nanjing Wangya Computer Co., Ltd. Subject to full and timely payment of the applicable license fees, the Company grants the Customer a perpetual, non-exclusive, non-transferable, revocable, limited license to install, execute, and run the Server component of the Software on a single, designated native physical or virtual server machine for the internal administrative management of monitored client endpoints as authorized by the specific tier purchased.
Customer explicitly covenants not to, directly or indirectly: (i) reverse engineer, decompile, disassemble, or attempt to derive the underlying source code of the Software; (ii) modify, translate, or create derivative works based upon the proprietary application architecture; (iii) rent, lease, sub-license, resell, distribute, or assign the Software license to any third-party corporate entity or subsidiary without express written authorization; or (iv) bypass, disable, or circumvent any cryptographic license key validation mechanisms integrated into the execution runtime.
3. Cryptographic Hardware-Bound Activation & Transfer Protocols
Successful initialization and ongoing operational execution of the Software necessitate the generation of an encrypted digital license string uniquely paired to the specific structural hardware profile (including but not limited to motherboard serial IDs, network adapter MAC addresses, and CPU topology) of the primary host server. In the event of scheduled corporate infrastructure modernization, server failure, or system migration necessitating a license transfer to alternative operational host hardware, the Customer is required to comply with the following procedural protocol:
- Submit a formal administrative request via verified technical support channels detailing the parameters of the server replacement; and
- Provide conclusive certification or complete a hardware deregistration phase ensuring the absolute deletion and structural removal of the Software from the prior server nodes.
While genuine deployment migrations are processed without transactional charge, Nanjing Wangya Computer Co., Ltd. strictly reserves the administrative right to cap, delay, or deny excessive, anomalous, or potentially fraudulent transfer requests that indicate license multi-casting or algorithmic key abuse.
4. Merchant of Record & Financial Processing
Financial transactions, license acquisitions, and order processing are facilitated through our designated, secure electronic payment partners, corporate gateways, and authorized global resellers. Depending entirely on the geographic point of origin, localized economic sanctions, tax jurisdictional vectors, and the individual method of checkout selected by the Customer, the technical Merchant of Record (MoR) may be recognized directly as Nanjing Wangya Computer Co., Ltd. or an accredited international distribution partner acting on our behalf. All invoicing, transactional compliance, charge validations, and payment dispute mediation shall be handled in coordination with the respective payment processors and the Company's billing team.
5. Separation of Refund Framework
All financial remedies, trial assessments, eligibility criteria for fund reversals, transaction cancelations, and formal refund requests are governed exclusively by our standalone Return & Refund Policy. The provisions of said policy are structurally separated from this document and can be reviewed in detail at our dedicated portal. By accepting these Terms, the Customer explicitly agrees to the structural parameters and functional enforcement clauses outlined in the independent Return & Refund Policy page.
6. Sovereign Localized Storage Architecture & Prohibition of Keystroke Interception
OsMonitor operates purely under a localized sovereign architectural paradigm. The Customer maintains total, absolute, and uncompromised custody over all digital assets, behavioral data logs, metrics, software telemetry, and monitoring data intercepted by the local application deployment. Nanjing Wangya Computer Co., Ltd. explicitly disclaims any access, visibility, collection, synchronization, or structural upload vectors to forward any customer-generated internal analytical data to cloud environments or third-party facilities controlled by the Company.
To maintain stringent compliance with international standard security protocols, privacy frameworks, and to structurally mitigate the risk of catastrophic data leaks involving high-risk target credentials, the Software is built with an absolute technical omission of keystroke recording capabilities ("Keylogging"). The structural logic of the binary source files contains no mechanisms to intercept, record, log, cache, or analyze individual alphabetical keystrokes, password fields, or alphanumeric input sequences. The Customer bears total administrative liability for the maintenance of host database security, storage encryption, and comprehensive legal compliance under applicable regional data custody regulations.
7. Lawful Deployment, Workplace Privacy, and Regulatory Compliance
The Customer expressly warrants, represents, and covenants that the Software shall be utilized exclusively for lawful workplace oversight, corporate optimization, device protection, and data loss prevention strategies in strict conformity with all applicable regional, national, federal, and state labor, employment, and civil privacy statutes. The deployment of endpoint agent monitoring modules implies absolute corporate asset authorization; the Customer takes full legal liability for issuing necessary disclosures, establishing employment consent agreements, or publishing workplace tracking policies where mandated by local statutes.
Under no circumstances shall the Software be deployed for covert, malicious, extra-judicial, stalker-grade surveillance, or unauthorized tracking targeting assets or individuals outside the legally recognized governance sphere of the enterprise organization. Nanjing Wangya Computer Co., Ltd. assumes zero liability, accountability, or legal defense obligation for any unlawful tracking, wiretapping infractions, or regulatory compliance failures executed by the Customer via the administrative portal of the Software.
8. Software Lifecycle, Maintenance, and Administrative Manual Upgrades
Standard Software licenses grant access to future software updates, performance revisions, and security optimization builds released within the lifecycle definitions of the core tier. Because the architecture relies on an immutable on-premise model to protect network boundaries, the Software does not execute automated background calls to pull runtime files from external servers. The infrastructure administrator of the Customer must manually download, test, deploy, and upgrade the application instances across the corporate infrastructure. The Company does not guarantee indefinite backwards compatibility with legacy operating system runtimes or deprecated Windows environments.
9. Complete Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE JURISDICTIONAL STATUTES, THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR VERBAL. NANJING WANGYA COMPUTER CO., LTD. SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC STRATEGIC PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, UNINTERRUPTED OPERATION, ERROR-FREE COMPILATION, OR ABSOLUTE IMMUNITY FROM COMPLEX SYSTEM SECURITY THREATS.
10. Comprehensive Limitation of Liability
IN NO EVENT AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR STRICT PRODUCT LIABILITY) SHALL NANJING WANGYA COMPUTER CO., LTD., ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF CORPORATE PROFITS, BUSINESS INTERRUPTION, LOSS OF PROPRIETARY OPERATIONAL DATA, INFRASTRUCTURE DOWNTIME, SECURITY BREACH IMPACTS, ADMINISTRATIVE SANCTIONS, OR REPUTATIONAL COMPROMISE ARISING OUT OF THE USE OR INABILITY TO OPERATE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH ISSUES. THE AGGREGATE, CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS LINKED TO THIS AGREEMENT SHALL NEVER EXCEED THE EXACT MONETARY AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE CURRENT VALID SOFTWARE LICENSE KEY.
11. Miscellaneous Clauses & Contract Integrity
Severability: If any specific section, clause, sentence, or parameter of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid parameter shall be substituted with a lawful clause that most closely reflects the original economic and operational intent of Nanjing Wangya Computer Co., Ltd. Entire Agreement: This instrument constitutes the definitive, complete, and singular agreement between the parties regarding the Software license, superseding all prior oral or written proposals, promotional materials, or technical communications. No Waiver: The failure of the Company to enforce any provision or insist upon strict compliance with any clause herein shall not be interpreted as a perpetual waiver of our corporate rights.