User Terms and Conditions for the Empeon Platform

(EMPLOYER (WORKFORCE) & EMPLOYEE (ESS HUB) USERS)

Last Updated: November 10, 2026

BY CHECKING THE BOX TO ACCEPT THESE TERMS OR SELECTING AGREE AND CONTINUE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to all of the Terms, you are not authorized to access or otherwise use Empeon’s Platform.

As an Administrator User, you agree to comply with these Terms when you use the Empeon Platform on your employer’s behalf. Your employer’s rights and obligations with respect to Empeon are governed by the Customer Agreement (defined below).

  1. Overview. ADS Processing LLC d/b/a Empeon (“Empeon”) provides enterprise software as a service (SaaS) application for human capital management (“Empeon Platform”). The Empeon Platform includes Empeon’s ESS Hub for employees and the Workforce platform for employers, which offers both employees and employers the convenience of 24/7 access to review and manage employment and pay information. The Empeon Platform accommodates both PC and smart device browsers, ensuring that employers can access information at any time and from any location. These Terms apply to employees, contractors, and other individuals authorized by your employer to access the Empeon Platform (each, a “User”), including Users your employer designates to administer the Empeon Platform on its behalf (“Administrator Users”).

For Employee Users:

Your employer, through its agreement(s) with Empeon, is providing access to and use of the Empeon Platform, including the ESS Hub, under these user terms and conditions (“Terms,” “User Terms,” or “Agreement”). Through the Empeon Platform, you will be able to update certain personal information and access certain information and documents relating to payroll/tax or other employment related information. It is your responsibility to submit information and verify the accuracy and completeness of all such information. Empeon does not review the accuracy or completeness of the information you submit.

Empeon is making the Empeon Platform available on behalf of your employer. Your employer, not Empeon, is responsible for your wages and benefits; Empeon processes payments at your employer’s direction. Your employer is responsible for making available all benefits and information related thereto referenced or included on the Empeon Platform. The information that you input may be used and relied upon by your employer.

For Administrator Users:

On behalf of your employer, you may be able to access and input certain information relating to your employer’s employees. The information that you input may be used and relied upon by your employer. As an authorized Administrator User for your employer, it is your responsibility to submit applicable instructions and information relating to the Empeon Platform and to verify the accuracy and completeness of all such instructions and information submitted.

  1. Terms for Registrations and Passwords. The Empeon Platform is available only to users that have received an invitation from their employer to register. Please safeguard your username and password in a private and secure place, adopting special precautions when accessing the Empeon Platform from a device that is available for use by other users and exiting from the Empeon Platform at the end of each session. If you have reason to believe that a third party has access to or has accessed your account, you should immediately choose a new password by following the above procedures and notify your employer’s human resources or payroll department.
  2. Right to Access and Use the Empeon Platform. The right to access and use the Empeon Platform is personal to each User. This right is not transferable by such User by assignment, sublicense, or any other method to any other person or entity. Any attempt by a User to transfer their rights shall be void and shall constitute a breach of these Terms.
  3. User Representations. You represent, warrant, and covenant that:
    1. you are authorized to access and use the Empeon Platform;
    2. all information you enter into the Empeon Platform will be accurate and complete;
    3. you will verify and remain solely responsible for all information entered into the Empeon Platform;
    4. you will not decompile, reverse engineer, disassemble, adapt, or use (except as permitted by these Terms) or reproduce any of the software source code incorporated or related to the source code, or other copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Empeon Platform, in whole or in part;
    5. you will not copy, modify, or create derivative works or improvements of the Empeon Platform, in whole or in part, or access or use the Empeon Platform for benchmarking or competitive analysis or to build a competing product or service;
    6. you will not bypass or breach any security device or protection used for or contained in the Empeon Platform or any applicable documentation related to the Empeon Platform;
    7. you will not remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any notices or other content on or relating to the Empeon Platform; and
    8. you will not input, upload, transmit or otherwise provide any information or materials that, to your knowledge, are unlawful or injurious, or contain, transmit or activate any virus, worm, malware or other malicious computer code intended to interfere, damage, corrupt, surreptitiously intercept or expropriate any system, data, or personal information contained in or related to the Empeon Platform.
  1. Applicable Laws. Access to and use of the Empeon Platform is subject to all applicable international, federal, state, and local laws and regulations. You agree to abide by these laws and not use the Empeon Platform in any way that violates such laws or regulations. The Empeon Platform is operated from and intended for use only in the United States. Empeon makes no representation that the Empeon Platform is appropriate or available for use outside the United States, and if you access it from outside the United States, you are responsible for complying with local laws.
  2. Copyrights and Trademarks. The Empeon Platform and all of the source code, integrated applications, and all associated materials contained therein are the sole and exclusive property of Empeon and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use the Empeon Platform for commercial or public purposes. Users may not use the trademarks, logos, and service marks on the Empeon Platform for any purpose, including, but not limited to, use as “hot links” or meta tags in other pages or sites without the express, written permission of Empeon.
  3. Links to Third Party Sites. The Empeon Platform may include links to other websites, mobile applications, or services (“Third Party Sites”) that are not owned or operated by Empeon, and, whose privacy practices may differ from those of Empeon. Such links are not an endorsement by Empeon of those Third Party Sites and/or the products or services they offer. If you visit Third Party Sites or submit information to any of those Third Party Sites, your visit and information is governed by their privacy policies. We encourage you to carefully read the privacy policies of any Third Party Sites you visit. Empeon makes no representations or warranties with respect to, nor is Empeon responsible for the privacy policies of any Third Party Sites. If you decide to click on any such links or access any Third Party Sites appearing on the Empeon Platform, you do so at your own risk.
  4. WARRANTY AND DISCLAIMER. Empeon shall use reasonable efforts consistent with prevailing industry standards to maintain the Empeon Platform in a manner that minimizes errors and interruptions. The Empeon Platform may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Empeon or by third-party providers, or because of other causes beyond Empeon’s reasonable control. EMPEON MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE EMPEON PLATFORM, DOCUMENTATION, OR ANY OTHER MATERIALS PROVIDED BY EMPEON. THE EMPEON PLATFORM IS PROVIDED SOLELY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. EMPEON DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE EMPEON PLATFORM OR DOCUMENTATION OR ANY SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, REGULATORY OR LEGAL COMPLIANCE, OR OTHERWISE. EMPEON DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, FAULT-TOLERANT, OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, EMPEON SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, RESULTS, NON-INFRINGEMENT, LOSS OR CORRUPTION OF DATA, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER APPLICABLE GUARANTEES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EMPEON DOES NOT WARRANT THAT THE EMPEON PLATFORM OR ANY THIRD PARTY PRODUCTS OR SERVICES WILL BE ERROR-FREE OR BE PROVIDED OR AVAILABLE WITHOUT INTERRUPTION. FURTHER, EMPEON DOES NOT ASSUME ANY RESPONSIBILITY FOR ACTIONS OF YOUR EMPLOYER, OTHER USERS, OR THIRD PARTY PARTNERS, OR PROVIDERS OF THIRD PARTY SERVICES WHICH MAY RESULT IN ANY LIABILITY OR DAMAGES. EMPEON DISCLAIMS ANY WARRANTY THAT THE RESULTS OBTAINED THROUGH THE USE OF THE EMPEON PLATFORM WILL MEET YOUR NEEDS.
  5. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL EMPEON BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING FROM (I) THE USE OR THE INABILITY TO USE THE EMPEON PLATFORM, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, OR (III) LOSS OF INFORMATION OR OTHER DATA THAT RESULTS FROM ACCESS TO, USE OF, OR INABILITY TO USE THE EMPEON PLATFORM OR FROM ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET. EMPEON’S TOTAL LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE EMPEON PLATFORM SHALL NOT EXCEED $100. THIS LIMITATION OF LIABILITY SHALL BE IN FULL FORCE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF EMPEON HAD PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
  6. Suspension or Termination by Empeon. Empeon may suspend or terminate access to or use of the Empeon Platform if (a) you have violated these Terms or Empeon policies, (b) you provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, (c) the Customer Agreement expires or terminates, (d) your employer deauthorizes your access, or (e) Empeon reasonably suspects unauthorized access to your account. If your employment or engagement with your employer ends, you will have read-only access, through the ESS Hub, to your own pay statements and Forms W-2 until October 15 of the year following the calendar year to which your last Form W-2 relates, unless the Customer Agreement terminates earlier, in which case your employer is responsible for providing those documents to you.
  7. Changes to Terms. Empeon may change these Terms from time to time. Empeon will post revised Terms on the Empeon Platform and may require you to accept them at your next login, or may notify you by email at least 30 days before they take effect. Changes apply prospectively and do not apply to disputes that arose before the effective date. Empeon may modify the Empeon Platform from time to time. You agree that Empeon shall not be liable to you or to any third party for any modification of the Empeon Platform made in accordance with these Terms.
  8. Transmissions of Data. Transmissions over the internet are never fully secure. Empeon maintains administrative, technical, and physical safeguards designed to protect information you submit, and processes it on your employer’s behalf under the Customer Agreement.
  9. Governing Law; Disputes. THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK, EXCLUDING ITS CONFLICTS OF LAWS RULES, REGARDLESS OF WHERE ANY ACTION MAY BE BROUGHT. ANY CLAIM BY AN ADMINISTRATOR USER ARISING FROM THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED. ANY DISPUTE BETWEEN YOU AND EMPEON ARISING FROM THE AGREEMENT WILL BE DECIDED EXCLUSIVELY BY STATE OR FEDERAL COURTS IN NEW YORK, NEW YORK.

14. No Third-Party Beneficiaries. These Terms are for the sole benefit of you and Empeon, and nothing in these Terms creates any right or remedy for any other person or entity.

15. Electronic Delivery of Tax Forms. Your employer may use the Empeon Platform to provide your Forms W-2, Forms 1095-C, or Forms 1099-NEC, as applicable (“Tax Forms”), electronically. You choose whether to receive Tax Forms electronically through the paperless Tax Forms enrollment in the ESS Hub (Docs > Tax Forms). You are not required to consent, and accepting these Terms does not by itself enroll you. The disclosures below are also shown to you when you enroll.

(a) Paper Unless You Consent. If you do not consent to electronic delivery, your Tax Forms will be provided on paper. After consenting, you may still request a paper copy of any Tax Form at any time from your employer’s human resources or payroll department. A request for a paper copy does not withdraw your consent.

(b) Scope and Duration. Your consent applies to each Tax Form you select in the paperless enrollment that is furnished after you consent, and continues until you withdraw it or electronic delivery ends under subsection (d).

(c) Withdrawing Consent. You may withdraw consent at any time in the ESS Hub (Docs > Tax Forms), or by contacting your employer’s human resources or payroll department. Withdrawal takes effect immediately when it is recorded in the Empeon Platform, and you will receive confirmation of the withdrawal, which may be provided electronically. Withdrawal does not apply to Tax Forms already furnished electronically.

(d) When Electronic Delivery Ends. Electronic delivery ends if you withdraw consent, if your employer stops using the Empeon Platform or the Customer Agreement ends, or if your employer elects to furnish paper Tax Forms. In those cases, your Tax Forms will be provided on paper.

(e) Notice and Contact Information. You will be notified when a Tax Form is available on the Empeon Platform. Keep your mailing address and contact information current, either by updating it in the ESS Hub or by contacting your employer’s human resources or payroll department.

(f) Access After Your Employment Ends. If your employment ends, your Tax Forms will remain available on the Empeon Platform through October 15 of the year following the calendar year to which they relate (or the next business day, if October 15 falls on a Saturday, Sunday, or legal holiday). After that date, contact your employer for copies.

(g) Hardware and Software. To access, print, and retain your Tax Forms, you need an internet-connected device with a current web browser, software that can open PDF files, and a printer or storage to save copies. If these requirements change in a way that creates a material risk you cannot access your Tax Forms, you will be notified before the change and asked to consent again.

(h) Filing. You may need to print a Tax Form and attach it to a federal, state, or local income tax return.

16. Privacy. Empeon processes your personal information on behalf of your employer. Empeon’s processing of personal information through the Empeon Platform is described in the Empeon Platform and App Privacy Notice at https://empeon.com/platform-privacy. Empeon’s use of Administrator User contact information to manage our relationship with your employer is described in the Empeon Website Privacy Notice at https://empeon.com/privacy-policy/. Your employer’s privacy notice governs its use of your information.

17. Customer Agreement. Your employer’s use of the Empeon Platform is governed by its agreement(s) with Empeon (the “Customer Agreement”). These Terms govern only your individual use of the Empeon Platform and do not amend the Customer Agreement.

CONTACT. If you have any questions or comments about the Terms, please contact your Human Resources or Payroll department.