Terms of service
Terms of use and service
These terms govern access to phitalys.com and use of the Phitalys service. Specific contractual commitments (scope, price, service levels) are set out in a subscription agreement and a data-processing agreement (DPA) signed with each client organisation, which prevail over these terms.
Reference document โ the binding terms for a subscription are those in the agreement signed with the client.
1. Purpose
Phitalys is an agentless Microsoft 365 presence-analytics service for organisations. It provides presence and workload indicators and, optionally, reliability signals โ always as a "to verify" cue, never an automated verdict.
2. Access
Access requires an active subscription and connection of a Microsoft 365 tenant via admin consent, read-only. The client organisation is responsible for managing its user accounts and their roles.
3. Client obligations
- Use the service lawfully, in particular under employment law: prior information of employees and consultation of employee representatives before any activity monitoring is enabled.
- Enable sensitive modules (detection, expected framework) proportionately and transparently; they ship disabled by default.
- Keep credentials confidential.
4. Personal data & processing
For the service, the client organisation is the data controller and Phitalys acts as a processor under the GDPR, within a DPA. The service applies minimisation (metadata and volumes, never content), masking of small groups, access logging and configurable retention. See the privacy policy and the security page.
5. Availability & support
Phitalys uses reasonable efforts to keep the service available. Any service-level commitments (SLA) and support terms are set out in the subscription agreement.
6. Liability
The indicators and signals provided are decision aids, not evidence or verdicts. The client remains solely responsible for the HR or management decisions it makes and for the lawfulness of any activity monitoring. Phitalys cannot be held liable for use that does not comply with the legal framework.
7. Intellectual property
The service, the website and their components remain the exclusive property of the publisher. The subscription grants a personal, non-exclusive, non-transferable right of use for the subscription term.
8. Term & termination
Term, renewal and termination conditions are set out in the subscription agreement. At the end of the relationship, client data is deleted or returned as provided in the DPA.
9. Pricing
The service is billed per tracked employee, by quote (see the Pricing page). Final financial terms are set out in the agreement.
10. Governing law
These terms are governed by French law. Any dispute is, failing amicable resolution, subject to the competent courts of the publisher's registered office.
Contact
For any question: contact@phishia.fr. See also the legal notice.
Last updated: July 2026.