Last updated: June 26, 2019
These End User Terms of Service (the “User Terms”) govern your access to and use of our internal communication, productivity and collaboration tools and platform (the “Services”). Please read them carefully. Even though you have been given access to our software by an organization (e.g. your employer or a third party, that we call, hereinafter, the “Customer”), these User Terms apply to you as end user of the Services. If you have any questions or feedback about these User Terms, please email us at: firstname.lastname@example.org. Your opinion matters to us!
Your use of the Services is also conditional upon your meeting of a few eligibility criteria:
1. You Must Be at least 18 Years Old
To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of eighteen. You represent and warrant that you are over the legal age; and
2. You Must Be an Authorized End User of a Current Customer of Eko
Your employer or another third party that we refer to in these User Terms as Customer has given you access and invited you to use the Services. You shall not be entitled to access or use the Services for any purpose if the representation in the preceding sentence is not true. Customer has already agreed to our Customer Terms of Service and entered into an agreement with us (the “Agreement”) that permitted Customer to grant access to the Services to Authorized End Users like you. These User Terms remain in effect until Customer’s subscription expires or terminates, or your access to the Services is terminated by either the Customer or us. In addition to these User Terms, as an Authorized End User of a Customer, your should be aware that your use of the Services may be subject to all the restrictions applicable to the Customer entered into an Agreement with us. Please take into consideration that it’s Customer’s responsibility to keep you aware of such restrictions.
If you do not comply with these eligibility criteria you shall not be entitled to use the Services.
Disclaimer and Limitation of Liability
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we (including our shareholders, directors, employees and affiliates) disclaim all warranties of any kind, express or implied, with respect to the Services. In particular, Eko and makes no representation or warranties about the accuracy, completeness or usefulness of content available on or through the Services. The information presented on or through the Services is made available for general information purposes. Any reliance you place on such information is at your own risk. Additionally, we do not warrant, endorse or assume responsibility for any third party product or service recommended, advertised or offered through the Services or any linked website or app. You waive any rights or remedies in law or equity you may have against Eko in respect of such contents, and Eko disclaims all liabilities it may have in connection with it.
Subject to the remainder of this Section, Eko will have no liability for any: (a) errors, mistakes or inaccuracies of content; (b) any kind of directly or indirectly damages or personal injury resulting from your access to or use of the 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 Services; (e) any bugs, viruses, Trojan horse which may be transmitted through the 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 through the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU OR EKO WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES HOWEVER CAUSED, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITY OR BUSINESS INTERRUPTION BASED ON YOUR USE OR RELIANCE ON THE SERVICES.
NOTHING IN THE FOREGOING SHALL SERVE TO LIMIT DAMAGES OR PENALTIES THAT CANNOT BE LIMITED OR WAIVED UNDER APPLICABLE LAW.
2. User Content
When you post, publish or share content through the Services (“User Content”), you acknowledge and agree that such User Content is owned by the Customer, and not by Eko.
As between you and Eko, by submitting contents or information to the Services, you only grant us a licence to use, display, host and store your User Content for the sole purpose of operating the Services and carrying out our obligations under the Customer Terms and the Agreement. Eko’s licence to your User Content is non-exclusive and royalty-free. That means that Eko does not owe you anything else in connection with Eko’s use of your User Content. You and the Customer retain any proprietary rights, including copyright, that you hold in such User Content. To this end, please bear in mind that Eko disclaims any liability for possible breaches and infringement of third party intellectual property rights in relation to User Content.
You represent and warrant 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 Services, ensuring your compliance with these User Terms and complying with applicable laws, orders or requirements of a court or other governmental bodies. If Eko is notified of User Content on the Services that might be in breach of these User Terms and of the Acceptable Use Policy, Eko reserves the right to investigate at its sole discretion. As a result of the investigation, Eko reserves the right to remove User Content from the Services.
3. Links & Third Party Content
Eko’s Services may contain links to third party content and websites, or allow other End User to share the same with you. Please note that a link to a third party’s website does not mean that Eko endorses it or that Eko is in any manner involved with it. Eko disclaims any liability with reference to third party content and websites and is not responsible for any damage or loss whatsoever related to such content and websites.
4. Third Party Interactions
Your interactions with organisations and/or individuals found on or through the Services are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or deem 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 and, if there is a dispute between users of the Services, or between users and any third party, you understand that Eko has no obligation in such respect.
We kindly ask you to take into consideration that, since our business evolves, we may modify these User Terms or our Acceptable Use Policy. In the event of a material amend, we will provide you, through email or the Services, a link that will lead you to the most current version of the User Terms. Any material revisions to these User Terms will become effective on the date set forth in our notice.
No failure or delay by either party in exercising any right under the User Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing.
These User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of us.
On the other hand, we reserve the right to assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
9. Governing Law
These User Terms, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing by UK Law, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
10. Entire Agreement
These User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of a potential conflict or inconsistency between the provisions in these User Terms and the Agreement, the terms of the Agreement will prevail.
11. Contacting Eko:
Please feel free to contact us if you have any questions about Eko’s User Terms of Service. You may contact us at the following email address: email@example.com.