Terms & Conditions

These Terms & Conditions ("Terms" or this "Agreement") govern your access to and use of Esko, a software service for time tracking, worker and client management, invoicing and reporting, and related kiosk and admin applications and devices ("Esko", "Esko Tech", or the "Service"). By using the Service, or by checking the consent box when you submit an access request, you agree to these Terms. If you do not agree, do not use the Service.

1. The service

Esko provides cloud-based tools that let organizations record and manage staff time, manage clients and workers, generate invoices and reports, and connect kiosk and administrator devices. Features available to you depend on the plan and configuration assigned to your account.

2. Accounts & access

Esko accounts are created and provisioned by Esko; there is no public self-service signup. The "Request access" form is a request only and does not create an account or any obligation on Esko to provide the Service.

• You are responsible for all activity that occurs under your account, including activity by the logins, workers, managers, kiosk PINs and devices you create or authorize.
• You must keep passwords, kiosk PINs, device codes and other credentials confidential, and notify us promptly at [email protected] of any suspected unauthorized use.
• You must provide accurate account information and keep it up to date.

3. Prohibited uses

(a) Unlawful. You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such disconnection, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Esko may provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, etc., and you hereby consent to any such information disclosures.

(b) Inappropriate conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Device in any of the aforementioned ways. In the event of such disconnection, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Device in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Esko will provide information in response to law enforcement requests, subpoenas, court orders, etc., and you hereby consent to any such information disclosures. Furthermore, Esko reserves all of its rights at law and equity to proceed against anyone who uses the Service illegally or improperly.

4. Your data & content

As between you and Esko, you own the data you enter into the Service ("Customer Data"). You grant Esko a limited license to host, process, transmit and display Customer Data solely to provide and support the Service.

You are responsible for the accuracy of your Customer Data and for having all necessary rights and consents to enter it — including information about your workers, clients, and, where applicable, children in your care. You represent that you have obtained any consents required by law for that information.

5. Billing & payments

Esko lets you record invoices, charges and payment records for your own business. Esko stores the billing and payment information you enter, but does not process card transactions and is not a payment processor or merchant of record. Any collection of money from your clients is handled by you, outside the Service.

Fees for the Esko Service itself, if any, are arranged separately between you and Esko.

6. Billing disputes

You must notify us in writing within ten (10) calendar days after the date of your account statement if you dispute any charges on that statement, or you will be deemed to have accepted such statement and waived any right to contest such charges. All notices of disputed charges should be sent to:

Customer Care — Billing Department
Email: [email protected]

7. Disconnection; discontinuance of service

We reserve the right to suspend or discontinue your Service at any time in our sole and absolute discretion, without cause or written notice. If we discontinue your Service without cause, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final month's charges. If the effective date of discontinuation is within the first 12 months following activation with lease of equipment, we will refund to you the fees you paid in the purchase or lease of equipment and setup of the Service. In addition, if you breach any of the terms or conditions of this Agreement, we may terminate this Agreement or disconnect your Service following written notice of breach if you have not cured such breach within ten (10) days thereafter. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the disconnection fee, if applicable, all of which will immediately become due and payable. Esko will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.

8. Availability

The Service is provided on an "as is" and "as available" basis. We work to keep Esko available and reliable but do not warrant uninterrupted or error-free operation, and we may modify, suspend or discontinue features at any time.

9. Limitation of liability

To the maximum extent permitted by law, Esko will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or revenue, arising out of or relating to your use of the Service. Nothing in these Terms limits liability that cannot be limited under applicable law.

10. Indemnification

You shall defend, indemnify, and hold harmless Esko, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys' fees) arising from or related to (i) any breach of this Agreement by you or your agents or employees, or (ii) the activation or use of the Service or Device by you or your agents or employees, or any failure, delay or unavailability of the Services, unless such failure, delay or unavailability is caused by the gross negligence or reckless conduct of Esko.

11. Mandatory arbitration and no jury trial

Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in New York. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration, or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, NEW YORK.

12. Attorney fees

In the event Esko undertakes collection efforts against you by and through an attorney, or initiates an action or suit to enforce the terms of this Agreement, the prevailing party shall be entitled to the payment of reasonable attorneys' fees and costs, together with such other legal costs as may be authorized by law.

13. Changes

We may update the Service and these Terms from time to time. Material changes will be reflected by updating the "Last updated" date above. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Governing law

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-laws rules.

15. Contact

Questions about these Terms? Contact us at [email protected].