Overview
This is an agreement between Remote Eagles Inc., dba Easop, a Delaware corporation doing business at 118 Bartol Street #1163, San Francisco, CA 94133, USA (We or Us or Our), and You, i.e. the legal entity and its Affiliates that (i) is ordering any of Our Services pursuant to an engagement letter signed with Us (Engagement Letter) and/or (ii) has created an account on the Platform (Account) and using any of our Services. By signing the Engagement Letter and/or creating an Account, You are entering into a legally binding contract with Us on the basis of these Terms.
This agreement is setting out the general Terms of Your use (Terms) of any website hosted at the easop.com domain (Platform), and any of Our products or services (Product).
Where other terms for services have been agreed with Us, those terms shall take precedence over these Terms, where they conflict.
Remote Eagles Inc., dba Easop, a Delaware corporation
Doing business at 118 Bartol Street #1163, San Francisco, CA 94133, USA
Registered office address at 1411 Broadway, 16th Floor, New-York, NY 10018, USA
Represented by Valentin Haarscher
email: info@easop.com
Accounts and membership
By using the Platform and Products, You warrant and represent that You are at least 18 years of age, that you have full authority to enter into these Terms, and perform Your obligations. In turn, We warrant and represent that We have full authority to perform the services under these Terms. If You create an account on the Platform, You are responsible for maintaining the security of Your account and You are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of Your account. You must immediately notify Us of any unauthorized uses of Your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Because We value great relationships and transparency, the provision of Our Services is subject to a compliance check (KYC), following which We may suspend or cancel Your account, should We deem the check not satisfactory. You therefore warrant and represent that You are in good standing under the laws of the jurisdiction in which You are present, and You have not, or will You enter into any agreement that would prevent You from complying with or performing Your obligations under these Terms. We may suspend, disable, or delete Your account (or any part thereof) and discontinue any Services, if we determine that You have violated any provision of these Terms, any other terms You have agreed to, or that Your conduct or content would damage Our reputation and goodwill.
User content
Your submitted content:
- Isn't owned by Us.
- You are responsible for its accuracy, legality, and ownership.
- If You submit Your personal data or of other individuals, We do not own it. We will only process it as described in Our privacy policy, and in the privacy and data processing section of these Terms.
Usage restrictions and prohibited uses:
When using the Platform, You agree not to:
- store, distribute or transmit viruses, malicious code, or other harmful technologies- that will in any way will affect the functionality or operation of the Platform;
- do anything that infringes or violate Our intellectual property, and intellectual property rights of a third party;
- create one or more accounts for other commercial or illegitimate purposes;
- reverse engineer, copy, modify, data scape, automate, or re-sell the Platform in any way;
- do anything unlawful or illegal, fraudulent, harmful, threatening, defamatory, discriminatory, or offensive and as such negatively impact Yours or Our public image;
- solicit others to perform or participate in any unlawful acts;
- violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- submit false or misleading information;
- spam, phish, pharm, pretext, spider, crawl, or scrape;
- use the Platform for any obscene or immoral purpose; or
- interfere with or circumvent the security features of the Platform or any related website.
Consequences
If You violate any of the above restrictions or do anything else We reasonably believe to be harmful or illegitimate, We may suspend Your access to the Platform, and We may subsequently terminate these Terms. Such termination shall be without liability to You.
We may suspend, disable, or delete Your Account (or any part thereof) and discontinue any access to any of Our Products, if We determine that You have violated any provision of these Terms, any other terms You have agreed to with Us, or that Your conduct or content would damage Our reputation and goodwill. If We delete Your Account for the foregoing reasons, You may not re-register for Our Services. We may block Your email address and Internet protocol address to prevent further registration.
Billing and payments
You shall pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Product You have requested, You will be charged automatically in accordance with the terms You agreed to.
Accuracy of information and backups
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information. We undertake no obligation to update, amend or clarify information on the Platform including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Website or on any related Product have been modified or updated.
We will not be liable for any acts or omissions by You, including processing of payments to You on the basis of inaccurate information on Your account, or any damages of any kind incurred as a result of such acts or omissions.
Also, We regularly back up the Platform and its Content and will do Our best to ensure completeness and accuracy. If there's a hardware issue or data loss, we'll automatically restore backups to minimize disruptions.
Links to other websites
While this Platform may have links or application programming interfaces (APIs) that provide ways to access other websites, We don't imply approval or association nor do We warrant association unless stated. We are not responsible for others' offerings, products, services, actions, or content. Your use of external websites is at Your own risk. Review their terms and conditions.
Disclaimer of warranty
Using Our Platform is at Your own risk. It is provided 'as is' and 'as available'. We do not offer legal, tax, or accounting advice, and are not permitted to engage in the practice of law. Our information isn't a substitute for attorney or professional advice. We strive for accuracy, but the information We provide isn't guaranteed to be correct, complete or up-to-date. We don't promise any specific results, and We disclaim all warranties, including implied ones like merchantability. We make no warranty that Products requested on the Platform will meet Your requirements, or that Products requested will be uninterrupted, timely, secure, or error-free; nor do We make any warranty as to the results that may be obtained from the use of the Platform and Products or as to the accuracy or reliability of any information obtained through the Platform and Products or that defects in the Platform and Products will be corrected. We can not guarantee uninterrupted, completely secure, or error-free Products. You are responsible for any data downloaded and is done at Your Own risk. We make no warranty regarding any Product requested or obtained through the Products or any transactions entered into through the Products. Any advice from Us doesn't create new warranties. Consider consulting professionals and Your attorney before accepting these Terms.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will We, Our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, fraud, negligence or otherwise, even if We have been advised as to the possibility of such damages or could have foreseen such damages. To the extent permitted by law, Our aggregate liability for Your use of the Platform is limited to any amounts actually paid by You to Us for the Product being used, for the one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate You for any losses or fails of its essential purpose.
Platform availability
We shall make the functionality of the Platform available to You pursuant to this agreement, and We shall use commercially reasonable efforts to always make the Platform available, except for: (i) scheduled downtime (of which We shall, to the extent practicable, schedule so as not to adversely affect You); and (ii) as set forth in these Terms. We warrant that the Platform shall have an uptime of not less than 99.5% per month (resulting in a downtime of not more than 0.5% per month) (Service Availability). You may bring forth any claim of excessive downtime by submitting the details of such downtime for Our reference. We must receive such claims by the end of the calendar month, following the month in which the alleged downtime occurred. After Our investigation of such claims, should We determine We have not met the uptime requirement set forth herein, You may, as the exclusive remedy, be entitled to credit of which the issuance shall remain at Our discretion. Any credit shall only be reflected as part of any fees paid for any Product You request on the Platform. We may, at Our own sole discretion, announce additional performance targets for the Platform, and shall use commercially reasonable efforts to meet those targets. It is agreed that the additional performance targets may be amended by Us at any time and at Our sole discretion and that Our failure to meet those targets shall not entitle You to a refund of any fees paid under any agreement with Us or any Addendum.
Our commitments:
1. Sustainability
We have the intention to combine economic success with ecological, human, governance, and social sustainability success. In this context, We are committed to evaluating Our business practices and taking responsible action in regards to its environmental, social, and corporate governance (ESG) implications.
Therefore, We have the intention to commit to:
- Measuring the carbon footprint of Our business activities by using an appropriate assessment framework.
- Evaluating and implementing measures to reduce Our carbon footprint as much as possible. Preferably with yearly targets, that include the business model / product implications.
- Achieving Net Zero in a reasonable time frame, compensating for the not reduced calculated emissions
2. Anti-slavery
We are committed to complying with anti slavery laws. While providing You with Our Products, We will follow all applicable anti-slavery and human trafficking laws. We maintain a zero-tolerance policy for anti slavery policies, and may cancel Your use of the Platform if You violate this. We will also use all reasonable endeavors to ensure Our contractors comply with these policies.
3. Anti-harassment
We are committed to maintaining an inclusive and respectful workplace. We do not tolerate any type of harassment. Harassment based on race, gender, religion, disability, age, or any other protected characteristic is strictly prohibited. By using Our Platform, You also agree to adhere to Our values on anti-harassment. If You experience any harassment, please reach out to Our help desk immediately.
4. Anti-corruption
We are committed to the highest standards of ethics and integrity. We strictly prohibit any form of bribery, corruption, or unethical behavior in all of Our business activities. By using Our Platform, You agree to comply with all applicable anti-corruption laws and regulations. We maintain a zero-tolerance policy for corruption, and may cancel Your use of the Platform if You violate this.
5. Severability
Rights and restrictions contained in these Terms apply as long as they follow laws and won't make these Terms illegal, invalid or unenforceable. If a competent court decides any part or provision of these Terms is invalid, the rest of the Terms shall stand and remain in full force and effect.
Governing Law
These Terms are governed by and construed in accordance with the substantive laws of the State of Delaware without regard to conflict of laws.
Dispute Resolution.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
1. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to these Terms of (including any alleged breach thereof), the Services, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and us are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
2. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND US AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
3. Pre-Arbitration Dispute Resolution
Easop is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at hello@easop.com and equity-support@remote.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to 18 Bartol Street #1163, San Francisco, CA 94133, USA (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If we do not resolve the claim within sixty (60) calendar days after the Notice is received, you and us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us are entitled.
4. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless you and us agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for USD 10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD 10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
5. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is USD 75,000 or less, at your request, we will pay all Arbitration Fees. If the value of relief sought is more than USD 75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, We will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
6. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
7. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
8. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Easop agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Easop written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Changes and amendments
We reserve the right to modify these Terms and any policies relating to the Platform at any time. Continued use of the Platform after any such changes shall constitute Your consent to such changes.
Acceptance of these Terms
You acknowledge that You have read these Terms and agree to all its Terms. By using the Platform or Product requested on the Platform, You agree to be bound by the Terms. If You do not agree to abide by the Terms, You are not authorized to use or access the Platform and any of the Product.
Should You have been invited to the Platform by one of Our clients or Your employer, and wish to terminate your account at any time, including due to a disagreement with any updates to these Terms, please reach out to the client. These Terms shall otherwise remain in effect until such client’s subscription for You terminates, or Your access to the Platform has been terminated by the client or Us.
Platform Cookies
We use 'cookies' to monitor content and user activity. Some 'cookies' are necessary for Our services and analytics to improve the Platform. Analytics enhance user and customer value, aiding issue resolution, misuse prevention, and assessing Product impact. They're vital for measuring the effect of Our roadmap, decisions, and integrations with third-party systems. While optional for general visitors, some 'cookies' are required for authenticated users.
Your privacy and data processing
We respect privacy and strive to protect Your personal data. More information on how We process personal data is available in our Privacy Policy.