Eko Terms of Service
Please read the following terms and conditions carefully. These Terms of Service govern your use of the Eko website and the services that Eko Group Holdings Ltd (“Eko”) provides. These Terms of Service are a legally enforceable contract between you and Eko regarding your use of the Eko website and the Eko services.
By using the Eko website (“Site”) and the Eko services (“Services”) you acknowledge that you have read, understood and agree to comply with these Terms of Service (“Terms”). If you do not agree to comply with these Terms you must not use the Site or the Services.
Your use of the Site and the Services is also conditional upon your meeting the following eligibility criteria:
(1) you must be at least 18 years old; and
(2) you must be a currently authorised user of a company or other corporate entity which has signed a Master Subscription Agreement (“MSA”) with Eko.
If you do not comply with these eligibility criteria you must not use the Site or Services.
All of these Terms apply to your use of the Site or Services, please note that Section 10 contains express disclaimers and limitations on Eko’s liability in connection with the making available to you of the Site or Services.
In addition to the provisions of these Terms, as an authorised user under a MSA, you should be aware that your use of the Site and Services may be subject to restrictions applicable to the organisation that entered into that MSA. It is that organisation’s responsibility to keep you advised of any such restrictions.
The Eko Site and Services operate to facilitate mobile communications within corporate enterprises, enabling the sharing of tasks, files and documents within defined environments. Where Eko provides additional services (“Additional Services”) additional terms and conditions may apply (“Additional Terms”). If Additional Terms apply, we will make them available for you to read [and acknowledge] before you use that service. If you do not agree to comply with those Additional Terms you must not use those Additional Services.
From time to time, Eko may change these terms to affect the ongoing use of the Site, Services or Additional Services. [Such changes shall come into effect once Eko posts revised Terms on the Site] OR [Where such changes have a material effect you will be required to accept such modified Terms in order to continue to have access to the Site and Services. Where such changes are not material, such changes will take effect once Eko posts revised Terms on the Site.] If any dispute arises under these Terms, it shall be governed by the Terms in effect at the time that dispute arose.
1. Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services and for any use of the Site or Services made using your account. Eko’s goal is to create a positive and safe community experience. To promote this goal, we prohibit certain types of conduct that may be harmful to other users or to Eko. When you use the Site or Services, you agree that you shall not and shall not attempt to:
- violate any law or regulation;
- violate or infringe other people’s intellectual property, privacy, publicity or other legal rights;
- use Eko’s Site or Services to transmit, distribute, post or submit any information concerning any other person or entity (including, without limitation, photographs of others or personal contact information, without their permission);
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, discriminatory, racist or otherwise inappropriate to Eko’s goal or objectionable;
- stalk, harass or harm another individual;
- impersonate or misrepresent your affiliation with another person or otherwise perform any fraudulent activity, such as impersonating another person or falsifying your own details;
- send unsolicited or unauthorised advertising or commercial communications, such as spam;
- transmit any malicious or unsolicited software;
- use any means to “scrape”, “crawl” or “spider” any web pages contained in the Site;
- use automated methods to use the Site or Services in a manner that sends more requests to the Eko servers in any time period than a human can reasonably produce in the same period using a conventional web browser;
- interfere with or damage the Eko Site or Services (including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology);
- register for more than one Eko account or register for an Eko account on behalf of an individual other than yourself;
- recruit or otherwise solicit any user to join third party services or websites that are competitive to Eko without Eko’s prior written consent;
- use, display, mirror or frame any of: the Site or any individual element of the Site or Services Eko’s name, Eko’s trademark, logo or other information belonging to Eko, the layout and design of any page or form contained on a page without Eko’s prior written consent;
- access, tamper with or use non-public areas of the Site, Eko’s information technology systems or the technical delivery systems of Eko’s providers;
- attempt to probe, scan or test the vulnerability of any Eko system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Eko or any of Eko’s providers or any other third party (including another user) to provide the Site or Services; or
- advocate, encourage, or assist any third party in doing any of the above provisions.
Eko shall be entitled to investigate and prosecute violations of the any of the above to the fullest extent of the law. Eko shall be entitled to involve and co-operate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Eko has no obligation to monitor your access to or your use of the Site or Services, however, Eko does have the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Eko reserves the right, at any time and without prior notice, to remove or disable access to any content on the Site that Eko, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
2. User Content
As between you and Eko, you own all content and information you post, publish or share using the Site or Service (“User Content”). You retain any proprietary rights, including copyright, that you hold in such User Content. When you post, publish or share User Content, you give Eko permission to use your User Content as follows: you grant Eko and its affiliates a licence to use, copy or display your User Content in connection with the Site or Services. For these purposes “use” means the right to display, host, store, modify, transfer, perform and reproduce in whole or in part and in any media formats or channels. We may display advertisements in connection with your User Content or on pages where you or others may view your User Content and we may use your User Content to advertise and promote Eko, the Site, or the Services. Eko’s licence to your User Content is non-exclusive. That means you may use the User Content for your own purposes or let others use your User Content for their purposes. Eko’s licence to your User Content is fully paid and royalty-free. That means that Eko does not owe you anything else in connection with Eko’s use of your User Content. Eko’s licence to your User Content includes the right to grant sub-licences. That means that Eko may permit others to use the User Content. Eko may exercise its rights anywhere in the world. Finally, Eko’s licence is perpetual and non-terminable, meaning that the licence lasts for an indefinite period of time.
You promise and represent that:
- you own all rights to your User Content or, alternatively, you have the right to give Eko the rights described above;
- you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party.
You acknowledge that Eko has no obligation to monitor, review or edit User Content. However, Eko does have the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Eko reserves the right to refuse to accept or transmit User Content. Eko may remove, block, screen or remove User Content from the Site or Services for any reason.
You acknowledge that in using the Site or Services you may access content from various sources that may be inaccurate or objectionable. You waive any rights or remedies in law or equity you may have against Eko in respect of such content. Eko disclaims all liabilities it may have in connection with such content. If Eko is notified of content on the Site or Services that is there in breach of these Terms, Eko may investigate the notification at its sole discretion.
Other than User Content, Eko owns or licences the content on the Site and Services, including software, text, visual and audio content (together referred to as “Content”) and Eko’s trademarks, logos and brand elements (referred to as “Marks”). The Content and Marks are protected under UK and international laws.
4. Notice of Copyright or Intellectual Property Rights Infringement
Eko respects the intellectual property rights of others. If you believe that a user of the Site or Services has infringed your intellectual property rights, please notify us in writing, by email or mail to the contact details set out [below] OR [referenced here ekoapp.com/contact]. In your notice, please include the following details:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit Eko to locate the material on the Site or Services;
- information reasonably sufficient to permit Eko to contact you, such as an address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
- certification by you that the information in your notification is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf; and
- your physical or electronic signature.
If Eko has taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending an email or a mail to the contact details set out [below] OR [referenced here ekoapp.com/contact]. That communication should include the following:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- certification by you that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- your name address and telephone number and a statement that you consent to the jurisdiction of the United Kingdom and the courts of England and Wales.
Without limiting any other rights or remedies, your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
6. Third Party Content and Interactions
The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Eko, including websites, directories, servers, networks, systems, information, databases, applications, software, programs, products or services and the internet as a whole. Your interactions with organisations and/or individuals found on or through the Site and Services are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Eko shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings. If there is a dispute between users of the Site or Services, or between users and any third party, you understand that Eko is under no obligation to become involved. If you have a dispute with any other user of the Site or Services, you release Eko, its officers, employees, agents and successors in rights from claims demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site or Services.
8. Changes to the Site or Services
Eko enhances and updates its Site and Services often. Eko may change or discontinue the Site or any Services with or without notice to you.
Eko reserves the right not to provide the Site or Services to any user. Eko also reserves the right to terminate any user’s right to access the Site or Services at any time in Eko’s sole discretion. If you breach any of these Terms, your permission to use the Site and Services automatically terminates.
10. Disclaimer and Limitations on Liability
You use the Site and Services at your own risk. The Site and Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Eko and its officers, employees, directors, shareholders, parent entities, subsidiaries, affiliates, agents and licensors (referred to collectively as “Affiliates”) disclaim all warranties of any kind, express or implied, with respect to the Site or Services (including any implied warranties of satisfactory quality, fitness for a particular use or purpose and non-infringement).
In particular, Eko and its Affiliates make no representation or warranties about the accuracy or completeness of content available on or through the Site or Services (including, without limitation, any recommendations or other content available on or through the Site or Services) or the content of any websites or resources linked to the Site or Services. Subject to the remainder of this Section, Eko and its Affiliates will have no liability for any: (a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the Site or Services; (c) any unauthorised access to or use of our servers or of any personal or financial information; (d) any interruption of transmission to or from the Site or Services; (e) any bugs, viruses, Trojan horse or the like which may be transmitted on or through the Site or Services; or (f) any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on or through the Site or Services.
Eko and its Affiliates do not warrant, endorse, guarantee or assume responsibility for any third party product or service recommended, advertised or offered on or through the Eko Site or Services or any linked website. You understand and agree that any material or information downloaded or otherwise obtained through the use of the Site or Service is done at your own risk and that you will be solely responsible for any damage arising from doing so. No advice or information, whether oral or written, obtained by you from Eko through the Site or Services will create any warranty not expressly set out in these Terms.
To the fullest extent permitted by applicable law, neither Eko nor its Affiliates will be liable under any theory of liability for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages) arising from or relating to use of the Site or Services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers may not apply to you. To the extent Eko may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Eko’s liability will be limited to the minimum permitted under such law.
You agree to indemnify and defend Eko and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorney’s fees and legal costs) arising from or relating to: (a) any information (including your User Content or any other content) that you or anyone using your account submit, post or transmit through the Site or Services, (b) the use of the Site or Services by you or anyone using your account, (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any third party’s rights, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Eko reserves the right at, its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. If we do assume the defence of such a matter, you will reasonably cooperate with Eko in such defence.
12. Other Provisions
Under no circumstances will Eko be liable for any delay or failure in performance due in whole or part to any acts of nature or other causes beyond its reasonable control.
The laws of England and Wales govern these Terms, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site or any Services will be filed only in the courts of London, England. You consent and submit to the jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful, void or unenforceable, then that provision will be deemed severable from these Terms and will not prevent Eko from enforcing such right or provision in the future.
The failure of Eko to enforce any right or provision of these Terms will not prevent Eko from enforcing such right or provision in the future.
Eko may assign its rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or the operation of law.