Last updated: July 17, 2023
Welcome to EKOS, a networking and engagement platform for professionals and businesses. EKOS Global, INC. (“EKOS,” “we,” or “us”) provide the EKOS website currently located at ekos.ai (and any successor or replacement site), including any mobile- or tablet-optimized version, and the EKOS application (collectively, the “Properties”).
If you live in the United States or anywhere else outside the European Union, Iceland, Liechtenstein, Norway, Switzerland or United Kingdom, your use of the Properties, and all content, services, and information provided through the Properties (collectively, “Services”) is subject to these Terms of Service (the “Terms”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor), and that, if you are registering on behalf of a business or organization, you are authorized to enter into binding agreements on behalf of that business or organization. You may not use the Properties or the Services if you are under 18 or the applicable age of majority in your location. If you are using the Properties or Services in a workplace or with an account issued to you by your employer or another organization (“Organization”), “you” refers equally to any user of the account.
These Terms include an Arbitration provision that governs any disputes between you and us. This provision makes it mandatory that the parties submit disputes that are not otherwise resolved to a neutral third-party arbitrator for a binding decision and will eliminate your right to pursue a claim through a trial in a court by a judge or jury and substantially affect your rights, by preventing you from bringing, joining or participating in class or consolidated proceedings.
License. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Properties and the Services. This license does not include any resale use of the Properties or the Service, or their contents; any right to make derivative works of the Properties, any Service, or any content on the Properties; or any use of data mining, robots, or similar data gathering and extraction tools. We or our licensors reserve all rights not granted herein. You may not reproduce, duplicate, copy, sell, or resell the Properties or the Services or any part of them. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, or form) of EKOS without our express written consent. You may not misuse the Properties or the Services. You may use the Properties and the Services only as permitted by law. The license granted herein terminates if you do not comply with these Terms, including the Community Guidelines, which are incorporated by reference into these Terms.
Your Account. You may need your own EKOS account (“User Account”) to use the Services, and we may require you to be logged in to use the Services. If you are required to provide information about yourself (e.g., to register for a Service or to access aspects of the Properties), you will: (a) provide true, accurate, current and complete information as prompted by the Properties’ registration page(s) (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If we have a reasonable belief that information you provide may not meet these standards, we may suspend or terminate your account and refuse all current or future use of the Properties and/or Services (or any portion thereof). If you have a User Account for yourself as an individual, you will not create a User Account for anyone other than yourself without their permission or the permission of EKOS. You will not create more than one User Account for yourself. You are solely responsible for maintaining the confidentiality of your account credentials, for restricting access to your User Account, and for all activities that occur under your User Account or credentials. You will not sell, transfer, or assign your access or any access rights to your User Account. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. We may provide Registration Data, Content, usage records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). We may refuse service, suspend or terminate your User account, terminate your right to use the Properties or Services, or remove or edit content, in our sole discretion. If we terminate your User Account, you will not create another one without our permission. When you use the EKOS mobile app, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, please review the instructions for your device’s operating system.
Use Restrictions and Community Rules. You agree to the following restrictions, as well as our Community Rules. You may not use the Properties or the Services to: engage illegal activity or in any activity that exploits, harms, or threatens children or other people; send spam, including unwanted instant messages, SMS messages, or unsolicited bulk email or other commercial solicitation messages; share or display inappropriate, illegal, or offensive content or any content that violates the Community Rules; participate fraudulently, or for any false, fraudulent or misleading purpose; circumvent any restrictions on access to the Services; engage in activity that is harmful to the Services; engage in activity that is harmful to others (e.g., spreading a virus, harassing others); infringe on any proprietary rights of others, including any privacy right; or help another user engage in a violation of these restrictions.
User Submissions. Content you (including any other user of your User Account) submit to EKOS in connection with the Properties for posting (e.g. text, photos, video, links, and any other information, media, or materials) is a “User Submission.” You grant EKOS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display your User Submissions throughout the world in any media. We may use and display the name and/or any voice or likeness contained in any User Submission. User Submissions are not confidential, and we are under no obligation to maintain as confidential any information, in whatever form, contained in any User Submission. EKOS may sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submission, and EKOS and its licensors or affiliates may retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these terms obligates or may be deemed to obligate EKOS to sell, license, or offer to sell or license any advertising, promotion, or distribution rights.
“Communications” means content (e.g. text, photos, video, links, and any other information, media, or materials) that you (including any other user of your User Account) share directly with another user or users through the Properties or the Services. Communications are between you and another user. All users are subject to these Terms and the Community Rules, but we do not control and are not responsible for Communications of, or any other behavior of, any user. You are responsible for determining what information to include in any Communication.
User Submissions and Communications. We may, but have no obligation to, monitor and edit or remove any activity or content, including any User Submission or Communication. We may access User Submissions and Communications in connection with an investigation or if we suspect fraud, abuse, or violations of the Agreement; and we may share User Submissions or Content if requested in connection with an investigation or inquiry of a government authority or other legal action. We take no responsibility and assume no liability for any User Submission or Communication. As between us and you and apart from the licenses granted hereunder, you retain all rights in your User Submissions and in your Communications. You are solely responsible for all of your User Submissions and Communications. You will not transmit any User Submission or Communication that does not comply with these Terms and the Community Rules. You represent and warrant that you own or otherwise have all rights necessary to transmit the User Submissions and Communications, and to grant us a license to your User Submissions; that your User Submissions and Communications and our use of your User Submissions does not and will not infringe the proprietary rights of any third party; that your User Submissions and Communications are accurate and not misleading; that use of your User Submissions and Communications does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify and defend us for all claims resulting from your User Submissions and Communications. User Submissions and Communications do not represent the views of EKOS or any individual associated with EKOS. In no event will you represent or suggest, directly or indirectly, EKOS’s endorsement of any User Submission or Communication. Through your use of the Properties and Services, you may be exposed to User Submissions, Communications, or other content that you may find offensive, objectionable, harmful, inaccurate or deceptive. EKOS does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions or Communications. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Properties and/or the Services, you assume all associated risks.
Third Parties. The Properties and the Services may contain links to third-party websites, applications or other online services that are not owned or controlled by EKOS. We do not control the content, privacy policies, or practices of any third-party websites, applications, or services. The Properties may also include a tool that allows you to sign in or register using information from your account with a third-party service, such as Facebook, Linkedin, Twitter, Google, Reddit, Pinterest, or Instagram. These third-party services are not related to the Properties, and your use of such services is subject to the terms on the site(s) of the applicable service(s). We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). We do not assume any responsibility or liability for the actions, product, and content of these or those of any other third parties. Please review the terms of service, including privacy policies, of these third parties.
Electronic Communications. When you use the Properties or the Services, or send e-mails, text messages, or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, and notices and messages on the Properties or through the Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.
Purchases of membership and subscriptions for the Services through the Properties are subject to these Terms and any applicable policies on the Properties. We attempt to be as accurate as possible in describing Services offered on the Properties. However, we do not warrant that Services descriptions are accurate, complete, reliable, current, or error-free. We work with third parties to provide certain functionality for the Properties, including payment processing when you pay for a subscription or membership. When you make a payment, you are interacting directly with our third-party payment processing partner, and not EKOS. We do not warrant the offerings of third-party providers or assume any responsibility or liability for their actions, services, or content. You should review their privacy notices and conditions of use. You agree to pay all fees and all other charges incurred in connection with your User Account at the rates in effect when the charges were incurred, such as membership fees and fees to subscribe to a Service. We will charge all fees automatically to your credit card. Subscription fees will be billed at the beginning of your subscription and at any renewal. Generally, all fees and charges are non-refundable, but we reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we may deduct a processing fee, and we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. You must keep a valid form of payment active in your User Account. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
Term; Cancellation and Renewal. Your membership and any subscription you purchase will each renew automatically until cancelled in accordance with this Section, and we will charge your credit card as stated in Section 7 above for each renewal. We will notify you of all pending renewals before the applicable renewal date for annual subscriptions. You must cancel the applicable subscription or your membership before it renews in order to avoid being charged fees for the renewal term. We may cancel your membership at any time upon notice to you, and, only if we cancel your membership, we will refund you a pro rata portion of any prepaid fees. You may cancel your membership by contacting Customer Service at email@example.com. Additional information about our account policies can be found in the support section of the Properties.
EKOS Content & Restrictions. The Properties, Services, and all of the content and technology they contain, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property, and specifically excluding all User Submissions (collectively, the “Content”) are owned or licensed by EKOS or its licensor(s). All Content is protected by trade secret, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as expressly permitted in writing by EKOS, you may not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Content. You may not use EKOS’s name or any language, pictures, or symbols which could, in EKOS’s judgment, imply EKOS’s endorsement. Nothing contained in these Terms or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of EKOS or such third party that may own the Content. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. Any use of the Content other than as permitted by these Terms will violate these Terms and may infringe upon our rights or the rights of third parties. You will report any violation of these Terms by others of which you become aware. We may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.
Sanctions and Export Policy. You may not use the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are located. You must comply with all U.S. and other export and re-export restrictions applicable to use of the Services.
NO WARRANTY. THE PROPERTIES AND THE SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, EKOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EKOS DOES NOT WARRANT THAT THE PROPERTIES, SERVICES, CONTENT, OR ELECTRONIC COMMUNICATIONS SENT FROM EKOS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SERVICES OR THE PROPERTIES WILL OPERATE WITHOUT ERROR OR INTERRUPTION, THAT THE CONTENT OR ANY INFORMATION PROVIDED WILL BE COMPLETE OR ACCURATE, OR AS TO THE CONDUCT OF ANY USERS OR OTHER THIRD PARTIES.
LIMITATION OF LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EKOS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR LOST PROFITS, COST OF COVER, LOSS OF DATA, LOST OPPORTUNITY, INTERRUPTION OF BUSINESS, RESULTING FROM THE PROPERTIES, THE SERVICES, OPERATION OF THE PROPERTIES OR SERVICES, ACTIONS REGARDING YOUR USER SUBMISSIONS OR COMMUNICATIONS, OR ACTIONS REGARDING THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT EKOS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EKOS’S TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE GREATER OF AMOUNTS YOU HAVE PAID EKOS FOR ACCESS TO THE PROPERTIES AND THE SERVICES AND $50 USD.YOU EXPRESSLY AGREE THAT YOUR USE OF THE PROPERTIES AND THE SERVICES IS AT YOUR SOLE RISK.
Choice of Law; Jurisdiction & Venue. These Terms of Service will be governed by the internal substantive laws of the Commonwealth of Massachusetts without respect to its conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Suffolk County, Massachusetts, for all disputes arising out of or relating to these Terms, the Properties, or the Services that are heard in court (excluding arbitration).
Dispute Resolution. We want to address your concerns without needing a formal legal dispute. Before you file a claim against EKOS, you agree to try to resolve it informally by contacting firstname.lastname@example.org. We’ll try to work things out. If we cannot resolve the dispute within 30 days of your email to us, then either you or EKOS may bring a formal proceeding. YOU AGREE TO THE FOLLOWING REQUIRED ARBITRATION PROVISION: Any dispute or claim relating in any way to these Terms, or to your use of the Properties or the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. To begin an arbitration proceeding, you must send an email to email@example.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, which are available at http://www.adr.org/ or by calling 1-800-778-7879. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. Neither you nor any other EKOS user can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial. Notwithstanding the foregoing, either party may bring suit in court to enjoin infringement or other misuse of the Properties or Services or a party’s intellectual property rights.
Notice. We will provide any notice to you under these Terms by: (A) sending a notification through your User Account, or (B) sending a message to the email address then associated with your User Account. Any notices provided through your User Account will be effective upon posting, and notices provided by email will be effective upon sending. To give us notice under these Terms, you must contact us as follows: (i) by email to firstname.lastname@example.org; or (ii) by personal delivery, overnight courier or registered or certified mail to EKOS, EKOS Global LLC 31 St. James Ave STE 600 Boston, MA 02116 USA, attention CEO. We may update the email or address for notices to us by posting a notice on the Properties. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.
Miscellaneous. Any waiver of any provision of these Terms by EKOS must be in writing and signed by an officer of EKOS. If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the extent necessary for these Terms to otherwise remain in full force and effect and enforceable. We may assign, subcontract, delegate, and transfer our rights and obligations under these Terms to a third party. You may not assign or transfer your User Account. We will not be liable for any failure or delay in our performance due to any cause beyond our reasonable control, including any act of war, act of God, epidemic, act of third-party service providers, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, power failure or failure of the Internet or computer equipment. The Services are offered by EKOS, email@example.com and email: EKOS Global LLC 31 St. James Ave STE 600 Boston, MA 02116 USA. If you are a California resident, you may have a copy of these Terms emailed to you by sending a letter to the foregoing address with your email address and a request for this information. If your User Account or credentials are through an Organization, you must comply with that Organization’s data policies that govern storage, access, modification, retention, and deletion of the information you provide through the Properties and Services. If your Organization has another agreement for use of the Services with EKOS, you are also subject to that agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Notice and Procedure for Making Claims of Copyright Infringement. If you believe any content available through the Properties infringes your copyright, you may notify us using the notice procedure for claimed infringement under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. Sect. 512(c)(2)). We respond quickly to the concerns of rights owners about any alleged infringement, and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content.
You may submit written claims of copyright infringement to our Copyright Agent at:
EKOS Global, INC. 20 University Rd 5th Floor, Cambridge, MA 02138 USA.