These Terms govern access to and use of the Eskadia platform. They are accepted when creating an organisation or joining an existing one, and constitute the agreement between Eskadia Solutions and the organisation contracting the service, hereinafter the Customer.
Subject matter and description of the service
Eskadia is a business management platform delivered as software as a service. It is contracted per organisation, and each organisation has a workspace isolated from the rest. Available features depend on the modules enabled for each organisation, which may change over the course of the relationship.
Accounts and access
An organisation is created by a person with authority to bind it. That person becomes the owner and may invite others and assign their role. Credentials are personal and non-transferable: the Customer is responsible for actions taken from accounts within its organisation and must report any unauthorised access it becomes aware of without delay.
Licence of use
Eskadia grants the Customer a limited, non-exclusive, non-transferable and revocable right to use the platform, for the term of the agreement and for its internal purposes. This is not a sale or assignment of the software, nor a right to obtain its source code or to exploit it towards third parties.
Intellectual property
The platform, its code, design, trade marks and documentation belong to Eskadia and fall outside the scope of the licence. The Customer acquires no rights over them beyond the use described in the previous section.
Customer data
Data entered or uploaded by the Customer into the platform belongs to the Customer. Eskadia processes it solely on the Customer's behalf and following its instructions, under the terms of the Data Processing Agreement. The Customer warrants that it has a sufficient legal basis to process that data and to load it into the platform, and is answerable to the data subjects and to supervisory authorities.
Acceptable use
It is prohibited to send commercial communications to those who have not authorised them, to load data of minors, to load special categories of data without a legal basis covering it, to attempt to access information belonging to other organisations, to subject the platform to loads that degrade the service for others, and to decompile or reverse engineer the software.
Features whose lawfulness depends on the Customer
Some features process third-party data and their lawfulness rests with the Customer, not with Eskadia: campaign sending, email open and click tracking, geolocation on time clocking, public forms, web chat, client portals, and the artificial intelligence modules, which send information to the provider the Customer configures and which acts as the Customer's own sub-processor. It is for the Customer to obtain consent and to provide the information required in each case; Eskadia only supplies the tool and the opt-out and erasure mechanisms.
Availability and maintenance
Eskadia will endeavour to keep the service continuously available and may carry out maintenance, giving reasonable notice where possible. The specific availability commitment and any associated service level are pending definition.
Disclaimer of warranties
The service is provided as is. Eskadia does not warrant that it will operate uninterrupted or error-free, nor that it is suitable for any purpose other than the one described in these Terms. Artificial intelligence features produce indicative results which the Customer must review before acting on them.
Limitation of liability
Eskadia shall not be liable for loss of profit, loss of business opportunity, or indirect damages arising from the use of or inability to use the platform. The maximum liability cap is pending definition. None of these limitations excludes liability for wilful misconduct or gross negligence, nor any liability that the law does not allow to be limited.
Suspension and termination
Eskadia may suspend access in the event of non-payment, use contrary to these Terms, a demonstrated risk to the security of the platform, or a request from a competent authority, notifying the Customer. The Customer may terminate the relationship at any time. Following termination, the Customer will have a period to export its data, still pending definition, after which it will be deleted.
Changes to these Terms
Eskadia may amend these Terms. Substantial changes will be communicated with reasonable notice and a fresh acceptance will be requested on accessing the platform. Eskadia keeps a record of the version accepted by each user, with its date, so that it can be evidenced.
Governing law and jurisdiction
The governing law and competent courts are pending definition. In any event, this clause does not displace the data protection rules applicable to each data subject nor the rights granted to them by the law of their country of residence.
Contact
For any question regarding these Terms, write to us at:
legal@eskadia.com