Terms of Service

Who may use the Service

The Service is a private internal system for the employees, staff, and authorized contractors of Éclat Investments. It is not offered to the general public and is not a consumer product. Accounts are created and assigned by an administrator; you may not use an account that was not issued to you, share your credentials, or let anyone else use your access. You must be at least 18 years old to hold an account.

Your account

You are responsible for what happens under your account and for keeping your credentials and any second-factor device secure. Tell us promptly if you believe your account has been compromised. We may suspend or close an account at any time — for example when someone leaves the business, or where use of the Service breaks these terms.

Acceptable use

You agree not to:

• Use the Service for anything unlawful, or in breach of any obligation you owe to Éclat Investments or a third party.
• Access data, records, or areas of the Service that your permissions were not meant to reach, or attempt to bypass access controls.
• Copy, export, or disclose business records, client information, or personal data from the Service except as your role requires.
• Interfere with, overload, probe, or reverse-engineer the Service, or introduce malicious code to it.
• Upload content you have no right to share, or that infringes someone else’s rights.

Text messaging program terms

The Service sends and receives SMS, MMS, and recorded voice messages through our business number, for internal business purposes only. Specifically:

• What we send. One-time passcodes for signing in, and operational messages to staff — schedule reminders, task assignments, property and maintenance updates, and similar work announcements. We do not send marketing, promotional, or advertising messages through this program.
• What you can send us. You may text a note or photo to our business number, or call it and leave a recorded voice memo. We store the message, any attachment, and for voice memos the recording and its transcript, and log it against the relevant job or project.
• How you join. Messages go only to people with a portal account whose mobile number is on their profile and has confirmed by text. When a number is added it is sent a request to confirm, and it receives nothing else from us until it replies YES from that phone; no one can consent on someone else’s behalf. We do not buy, rent, or import phone number lists.
• Message frequency. Varies with your role and workload. Sign-in passcodes are sent only when you request one.
• Cost. Message and data rates may apply. We do not charge for the program; your mobile carrier’s standard rates are between you and your carrier.
• Opting out. Reply STOP to any message to stop receiving texts from us, or ask an administrator to remove your number; reply START to opt back in. Opting out does not close your portal account, but you will no longer be able to receive sign-in passcodes by text and may need another way to sign in.
• Help. Reply HELP to any message, or contact us at the address below.
• Delivery. Mobile carriers are not liable for delayed or undelivered messages. Do not rely on a text message alone for anything time-critical or safety-related.

How we handle the information in these messages is described in our Privacy Policy.

Content and ownership

The Service, its software, and its design remain the property of Éclat Investments and its licensors. Records, documents, notes, photos, and messages created in the course of your work for Éclat Investments and stored in the Service are business records belonging to Éclat Investments. You keep no right to retain copies after your access ends.

Monitoring

The Service keeps audit records of sign-ins and of changes to business records, and retains messages sent to and from the business number. Use of the Service is not private, and you should not use it for personal communications you would not want recorded.

Availability and disclaimers

The Service is provided “as is”, without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, timely, or error-free, and we may change, suspend, or discontinue any part of it at any time.

Limitation of liability

To the fullest extent permitted by law, Éclat Investments will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or relating to your use of the Service — including any failure to deliver a message — whether based in contract, tort, or any other theory.

Changes to these terms

We may update these terms from time to time. The revision date at the top of this page reflects the current version, and continued use of the Service after a change means you accept the updated terms.

Governing law

These terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules.

Contact us

Questions about these terms: privacy@eclatinvestments.com.