Enova Technologies, LLC d/b/a ezClocker (ezClocker) operates a website and mobile application which provides services to businesses to track the time of employees and independent contractors, among other things (the Service or Services). Anyone accessing and using (collectively, You) the ezClocker website or mobile application (collectively, the ezClocker Software), agrees to be bound by these Terms and Conditions of Use, all applicable laws, and regulations and agrees to be responsible for compliance with any applicable federal, state or local laws.
Employers using the ezClocker Software agree as follows:
(a) to instruct their employees on the proper use of the ezClocker Software and the proper tracking of his/her time worked each day;
(b) to require each employee to accurately track and report his/her time worked on the ezClocker Software;
(c) if the employer has authorized ezClocker to make an automatic thirty (30) minute time deduction as an unpaid lunch break for hourly employees that have not clocked out for lunch, the employer agrees to inform each hourly employee that, in the event the employee does not clock out for a lunch break, a thirty (30) minute time deduction for an unpaid lunch break will be automatically deducted from the total amount of time worked that day by the employee;
(d) to instruct each employee to check his/her time records for accuracy on the ezClocker Software and report any errors to the employer, including, without limitation, any errors related to an automatic time deduction for an unpaid lunch break; and
(e) to immediately correct any errors in an employee's time records.
You agree that ezClocker is not responsible for the accuracy of the hours worked as reported by each employee or for other information or data input by You on the ezClocker Software.
If You do not agree with any of these terms, You are prohibited from using or accessing the ezClocker Software. The materials contained in the ezClocker Software are protected by applicable copyright and trademark law.
All data input into the ezClocker Software is owned by the employers that use the ezClocker Software (Employers or Employer) and not by employees (similar to employee timesheets, which are owned by an employer and not an employee). Any employee using the ezClocker Software acknowledges and understands that he/she has no right to the information he/she submits/inputs via the ezClocker Software directly from ezClocker and that ezClocker cannot provide him/her with such information as this information is the property of the Employer. Employer acknowledges that if ezClocker is served with a subpoena for such information it must comply as required by applicable law. Notwithstanding the above, an employee will have access to view and copy (via email by the employee to the employee) records of his/her timesheets via the ezClocker Software while the employee is an authorized user.
By accepting these terms and conditions You agree that ezClocker may communicate with You at any time regarding Your account and that ezClocker may send other communications to You, including newsletters and surveys. You will have the option of unsubscribing from the latter, but not the former.
Employers using the ezClocker Services agree to pay the fees (the Fees) set out on the ezClocker website, which may be increased from time to time upon 30 days notice. If an employer has one employee or less, the fees are waived. All Employers signing up will receive a free 30-day trial of the ezClocker Service that begins on the date the Employer signs up for the Service and ends on the 30 days thereafter (the Initial Trial Period). If an Employer does not cancel the Service before the end of the Initial Trial Period, it will be charged and agrees to pay the Fees. Fees will be billed to the credit card on file. After the Initial Trial Period, the Service will renew automatically every 30 days unless canceled. The Services may be canceled at any time. All cancellations will be effective as of the next 30-day renewal date. There are no refunds for partial 30-day periods. Please refer to the ezClocker website for instructions on how to cancel the Service. Generally, if you have subscribed to the Service using Apple iTunes or Google Play you will need to access those sites to cancel the Service, and links to those sites are available on the ezClocker mobile application.
You may not post content on the ezClocker website that infringes or violates someone else's rights or otherwise violates the law. EzClocker may remove any content or information that You post if it believes that such information violates these terms and conditions or ezClocker's policies. You shall not post anyone's sensitive information, such as names, social security numbers, or other sensitive or personal information. If You violate these terms and conditions, ezClocker may disable your account with no advance notice to you.
In no event shall ezClocker or its suppliers be liable for any direct, indirect, consequential, or exemplary damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials or Services provided by ezClocker's, even if ezClocker or an ezClocker authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.
To the extent permitted by law, the employer agrees to indemnify, defend and hold harmless ezClocker and its respective members, managers, owners, officers, directors, employers, agents, and representatives (the “Indemnified Party”) from and against any and all claims by employees or any other third party claims, actions liabilities, losses and damages (collectively, a “Claim”) to the extent caused by or arising out of any intentional or negligent act or omission by the employer in the course of the employer 's use or access to the ezClocker Software, including but not limited to violations of all state and federal wage and hour laws (including the Fair Labor Standards Act and the Texas Labor Code and other similar state-specific statutes); federal and state employment discrimination and anti-retaliation laws, whistleblower laws, tort claims, breach of contract claims, and claims for court costs and attorneys' fees.
The materials appearing on the ezClocker Software could include technical, typographical, or photographic errors. EzClocker does not warrant that any of the materials on the ezClocker Software are accurate, complete, free from errors, or current. EzClocker may make changes to the materials contained on the ezClocker Software at any time without notice. EzClocker does not, however, make any commitment to update the materials.
EzClocker has not reviewed all of the sites linked to the ezClocker Software and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ezClocker of the site. Use of any such linked site is at the user's own risk.
EzClocker may revise these terms and conditions at any time without notice. By using the ezClocker Software You are agreeing to be bound by the then current version of these Terms and Conditions.
Any claim relating to the ezClocker Software or materials or Services provided by ezClocker shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. To the extent any provision of the EzClocker Terms and Conditions conflicts with applicable state or local law, the applicable law shall govern.