EPICFLOW

TERMS OF SERVICE

Last Updated: February 3rd, 2023

EpicFlow provides software as a service, which allows you to utilize several functionalities for managing users’ (“User” or “you”) cryptocurrency or fiat currency holdings across different exchange accounts for automated Trading Bots and portfolio tracking for your balance, changes and allocations of personal cryptocurrency portfolio tracking(the “Service”) at www.epicflow.io or via an App (collectively, the “Site”). The Service, the Software, and the Site may be collectively referred to herein as the “Platform.” The Service is owned and operated by DeFi Management, Inc. (hereinafter referred to as the “Company” or “us”).

Your use of the Service is subject to the terms and conditions set forth in this Terms of Service (hereinafter referred to as the “Terms” or “Terms of Service”). 

PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.

Updates to Terms of Service; Integration. 

We may, in our sole discretion, modify the Terms of Service by posting a notice on the Terms of Service page. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the TOS. By continuing to access and use the Service You agree to any such modifications. Therefore, You are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review this Terms of Service periodically and to check the “Last Updated” date at the top of the Terms of Service for the most recent version. In addition, when using services or features on the Site, You will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to our Privacy Policy, as noted below. All such guidelines or policies are hereby incorporated by reference into this Terms of Service.

Translation. 

We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Company, and any inconsistencies among the different versions will be resolved in favor of the English version.

Service Availability. 

The Service may be modified, updated, interrupted, suspended or discontinued at any time, in the sole discretion of the Company, without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or force majeure events.

The Company reserves the right, at any time, in its sole discretion to modify, temporarily or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User. 

The Company will have no liability whatsoever for any losses, liabilities or damages you may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof. 

Privacy Policy. 

Use of the Service is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of this Terms of Service. Please review our Privacy Policy carefully. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy. 

Age. The Service is meant for those at least eighteen years or age, or the age of majority where you reside, whichever is younger. Use of the Service by anyone under this age is a violation of these Terms.

Intellectual Property. 

You acknowledge that all the intellectual property rights in the Service, including, but not limited to, the Software running as part of the Service, copyrights, patents, trademarks, and trade secrets, the website design, application design, graphics, text, sounds, pictures, service marks, trade names, domain names, slogans, logos, other files and the selection and arrangement thereof, and other indicia of origin that appear on or in connection with any aspect of the Service (collectively the “IP”) are either the property of the Company, its affiliates or licensors and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to IP not expressly granted in these Terms of Service are reserved to their respective copyright owners. 

Subject to these Terms, the Company grants you a limited non-transferable, non-exclusive, revocable, non-sublicensable licence to use and access the Service solely for your own personal or internal business purposes. You will not obtain any ownership interest therein through this Terms of Service or otherwise. 

Company authorizes you to view, download and/or print the IP provided that you keep intact all copyright and other proprietary notices contained in the original IP. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the IP in any form or by any means, without the prior written authorization of Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the IP in any way or otherwise use them for any public or commercial resale purposes. The Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. The Company reserves the right to enforce its intellectual property rights fully under United States and international law.

Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.

Third Party Operators and Websites. 

In the event we include links via the Service to third-party operators and/or websites (hereinafter referred to as “Third Party Provider”) which may include products, goods, services or information offered therein, these links are provided only as a convenience. If you clickthrough using these links to other websites, you may leave our Site. We do not control nor endorse any such Third-Party Provider. You agree that the Company Parties (as defined below) will not be responsible or liable for any content, products, goods, services or information provided or made available by a Third-Party Provider, including related websites, or for your use or inability to use the services of a Third-Party Provider.

You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party Provider websites linked from our Site, might contain material or information: 

    (i)  that some people may find offensive or inappropriate; 

    (ii)  that is inaccurate, untrue, misleading or deceptive; or,

    (iii)  that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. 

We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any content, products, goods, services or information, which appear on any Third-Party Provider website or in advertisements or content that a Third-Party Provider may have listed or offered on our Site.

Your interactions with a Third-Party Provider found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties or representations associated with such matters are solely between you and the Third-Party Provider, except as may be otherwise stated herein. You acknowledge and agree that we are not a party to any transactions you may enter into, except as may be stated herein, using the Service and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a Thirty-Party Provider.    

Use of the Service

You may be required to create an account to use the Service and/or take advantage of certain features, in which case you agree to:

• provide true, accurate, current and complete information about yourself, and your company if applicable, as prompted by the Service; 
• as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to suspend or terminate your account and prohibit all current or future use of the Service by you; and 
• that your account is for your personal and/or business use. You may not resell the Service. 
• by creating an account, you agree to receive certain communications in connection with the Service.

You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private, and you shall not share your account for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Service, including charges resulting from unauthorized use of your account.

You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. 

You agree to use the Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Service in any manner that interferes with its normal operation or with any other User’s use of the Service.

You may not use the Sie if you are identified as a “Specially Designated National” by the United States Office of Foreign Assets Control or if you are placed on the U.S. Commerce Department’s Denied Persons List.

You may not do any of the following while accessing or using the Service: 

• access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; 
• probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; 
• access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; 
• forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; 
• disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or otherwise creating an undue burden on the Service;
• use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Service; or
• access the Service by any means except through the interface provided by Company for access to the Service. Creating or maintaining any link from another application to any page at the Service without the prior authorization of Company is prohibited. Running or displaying the Service, or any information or material displayed via the Service in frames or through similar means on another website or application without the prior authorization of Company is prohibited. Any permitted links to the Service must comply with all applicable laws, rule and regulations.

Furthermore, you herein agree not to make use of the Services for:

• uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
• causing harm to any minor in any manner whatsoever;
• impersonating any individual or entity, including, but not limited to, any company, group or forum leaders, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
• forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
• uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
• uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
• uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
• uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
• disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other Users' ability to participate in any real-time interactions;
• interfering with or disrupting any of the Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers;
• intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to any securities rules, regulations or laws of any nation or other securities exchange, and any regulations having the force of law;
• providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance with Section 219 of the Nationality Act;
• stalking or with the intent to otherwise harass another individual; and/or,
• collecting or storing of any personal data relating to any other User in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Your use of the Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Company makes no representation that Materials contained, described or offered via the Service are accurate, appropriate or available for use in any particular jurisdiction or that these Terms of Service comply with the laws of any specific country. Visitors who use the Service do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Service from any territory where its Material or other company posted content (hereinafter referred to as “Content”), or User Content (as defied below) is illegal, and that you, and not the Company Parties (as defined below), are responsible for compliance with applicable law.

Use of APIs

You are solely responsible  for maintaining and protecting your Application Program Interface(s) keys (“API Keys). ) The Company may make available to you, from time to time, as a matter of convenience service or third-party applications relying on such an APIs. You shall maintain adequate security and control of all of your account(s) details, passwords, personal identification numbers, API keys, API secret keys, or any other codes that you use to access the Services. You may not share your personal API keys. The Company shall have no obligations arising from a security breach, viruses,  phishing campaigns, or if the API keys are lost or stolen and the Company have no liability arising from any of the above or similar actions.

User Content

“User Content” means any and all information and content that a User uploads, submits to, or uses with the Services. You may choose to enter this information manually or, where available, synchronize with a third-party website. The Company does not verify the accuracy or completeness of User Content, and these may therefore be subject to errors.

You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate any of the Terms of Service.

Company does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.

We may, at our discretion, but shall have no obligation to, pre-screen User Content submissions and may choose to remove User Content at any time we see fit. You agree that the Company is not responsible for any financial loss, liability or damage of any kind that you may incur as a result of our removing or refusing to publish User Content.

By posting User Content to the Site, you agree that (i) your User Content does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the User Content, (iii) we may have something similar to the User Content already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the User Content, and (v) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such User Content.  

Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (hereinafter referred to as “Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (v) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such Feedback.

Term and Termination

Subject to this section, the Terms herein will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your account) at any time for any reason, or no reason, at our sole discretion, including for any use of the Service in violation of these Terms.

Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. 

The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your information. You may terminate your use of the Company Service at any time. 

You understand you may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where EpicFlow has determined, at its discretion, to prohibit use of the Services. EpicFlow may implement controls to restrict access to the Services from any jurisdiction prohibited 

User Representations. 

You expressly acknowledge, represent, warrant, and agree that you understand: 

The information contained herein is for informational purposes only and is not intended nor should be construed as advice or recommendations and are not guaranteed to produce results.

Company does not warrant or guarantee the suitability or availability of any materials or Content, including without limitation any, data, products, or services, found through the Service. 

Company does not screen the authenticity or quality of any material or content or any provider of material or content, including, data, products, or services found through the Service.

You are of legal age to form a binding contract and are at least eighteen (18) years of age or you have the authority of such legal entity to form a binding contract; all information you provide to us is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.

You acknowledge the Services are intended only to assist you in your Token organization or your crypto/money holding exchange and decision-making and is broad in scope. Accordingly, before making any final decisions or implementing any Token/money strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

Company is a software provider, and does not provide financial, investment, legal, tax or any other professional advice. Company is not a broker, financial advisor, investment advisor, portfolio manager or tax advisor. Nothing on or in the software or on the Site shall constitute or be construed as an offering of any currency or any financial instrument or as investment advice or investment recommendations (such as recommendations as to whether to purchase a currency or instrument) by Company or a recommendation as to an investment strategy by Company. You acknowledge and agree that Company is not responsible for your use of any information that you obtain on the Software. Your decisions made in reliance on the products or services in the software or your interpretations of the data found in the Software are your own for which you have full responsibility. You expressly agree that you use the software at your sole risk.

Indemnification  

You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”) against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Service, your breach of this Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

You hereby release and forever discharge the Company Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, other Service Users or any Third-Party sites, including but not limited to: (i) your use of the Service, (ii) any activity related to your accounts by you or any other person, (iii) your violation of this Terms; (iv) your infringement or violation of any rights of another, or (v) your violation of applicable laws or regulations.

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Warranties, Disclaimers and Limitations of Liability. 

You expressly understand and agree that:

Your use of the Service is at your sole risk. The Service and the associated materials and content are provided on an “as is” and “as available” basis. The Company Parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose and non-infringement. Without limiting the generality of the foregoing, the Company Parties make no warranty that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the Service will be accurate or reliable; (iv) the quality of any and all products, services, information or other materials, including all merchandise, products, goods or services, obtained or purchased by you directly or indirectly through the company Service will meet your expectations or needs; and (v) any errors in the Service will be corrected.

The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Service, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the Service; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or conduct of any third party on or via the Service; (v) for any disputes between Users of the Service or between a User of the Service and a Third Party; or (vi) for any other matter relating to the Service or any Third Party. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the Company Parties of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Company and you. The products, information and services offered on and through the Service would not be provided to you without such limitations.

The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with or relating to the actions and activities of any third-party contractors and suppliers of services we may engage to provide services to you.

Notwithstanding the foregoing, the sole and entire maximum liability of the Company Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the charges paid by you directly to Company via the Service, if any, or $100 otherwise, whichever is higher

You agree that regardless of any statute or law to the contrary, any claim you may bring must be filed within one (1) year after the cause of action occurred or it will be permanently barred.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Purchasing Subscription Plan 

All prices, discounts, and promotions posted on the Software are subject to change without notice. The price charged for the Subscription selected by you will be the price advertised on the Site at the time the order is placed, the terms of any promotions or discounts, your geographical location or residence, and chosen payment method. If you choose a subscription for one month and wish to pay via Stripe, you can set up monthly recurring payments and thereafter the price of the Subscription will be invoiced automatically each month until the Purchase Agreement is terminated as outlined under these Terms of Service. If you pay via Stripe, your payment will be processed through DeFi Management Inc. If you choose subscription for one year or use any other payment method other than Stripe to pay for subscription for one month, you must make each payment manually. 

If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. The prices posted in the Site may not include applicable discounts or taxes until the profile data in your Client Account is fully completed by you. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

You must initiate payment for the charges related to the Subscription or other products or services provided through the Site when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your offer to conclude the Purchase Agreement.

You can use any available and the most convenient payment method currently available on the Site for all purchases. However, Company does not guarantee the availability of any payment method at any moment. Company may add, remove or suspend any payment method temporarily or permanently by its own discretion.

Any payments you make through the Site and for the Software may be subjected to VAT (value added tax) with the appropriate rate and in accordance with the law of jurisdiction, you are established. Company accrues and charges VAT for your payments based on your location that is automatically determined by IP address of your device and/or manually provided by you to Company when entering your billing address. 

If you disagree with the default payment-related information that our Software generated automatically, you should provide: your billing address (so long as the Software will be used at this location); enter the address data in the Software when proceeding with the payment; and sending us a valid proof of this address afterwards. We will then make a determination as to whether the default payment-related information should be adjusted. For more information on how we handle your personal information, please refer to our Privacy Policy.

When registering for the Services, you have the opportunity to choose between different subscription plans, i.e “Free,” “Starter”, “Advancer”,  “Pro” , and "Enterprise" plan (collectively “Plans” or “Subscription”).

A detailed description of Company Subscriptions, including the prices and the functions associated with each type of Subscription, is available on our Plans page or in Help Center. Company reserves the right to change the Subscriptions published on the Plans page (e.g add or remove Plans) at any given moment. When removing a Plan, Company shall endeavor to give notice to those who might be affected by such actions. 

The Subscriptions available at the Plans page are subject to these Terms of Service. By accepting these Terms of Service, you also confirm that you agree with the Subscriptions features conditions as described on the Plans page.

Company reserves the right to, at their full discretion, provide Services to Clients based on customized Plans (“Customized Plans”). Customized Plans will not be displayed on the Plans page and will be offered to Clients on an individual basis. Customized Plans are subject to these Terms of Use.

To purchase the Subscription, other than a Customized Plan, select the Subscription you want to purchase on our website’s Plans page or Client Account’s “Subscription” tab, choose the preferred payment method. All payments made with debit/credit cards and Paypal are processed by our merchant of record – stripe.com. By purchasing a Subscription using any of the said payment methods, You also enter into an agreement with stripe.com. Your relationship with Stripe is governed by Stripe’s Terms and Conditions available at TBC. Prior to clicking the “Pay” button, you must confirm that you accept these Terms of Use and the Privacy Policy. Further, you must confirm that you are at least 18 years old, and you agree with receiving the Subscription functions as of the conclusion of the Purchase Agreement. Selecting the Subscription, term of the Subscription (for example, a month or a year) and submitting your payment information is an offer to conclude an agreement with Company for the use of the Software functions provided under the selected Subscription on the basis of these Terms of Use. The offer must be accepted by us. We may choose not to accept the offer at our sole discretion. The Purchase Agreement will be accepted at such time at which you receive confirmation from us, or we activate your selected Subscription functions.

If you wish to upgrade your Subscription, you may do so at any time through your Client Account’s “Subscription” tab. Your new Subscription will start after the payment has been processed. Your new Subscription will be activated immediately after processing of your payment, irrespective of any remaining time on your old Subscription. Ordering a new Subscription will result in the immediate termination of the Purchase Agreement in relation to your old Subscription, and the conclusion of a new Purchase Agreement for the new Subscription. .

Digital Millennium Copyright Act ("DMCA") NOTICE

The Company respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, the Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing IP and termination of access for repeat infringers of copyright protected content.

Procedure for Notifying the Company of Copyright Infringement. If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded IP to our website, please provide the following information to the designated Copyright Agent listed below:

    (i) A description of the copyrighted work or other intellectual property that you claim has been infringed;

    (ii) A description of where the material that you claim is infringing is located on the Site;

    (iii) An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not us, can contact you;

    (iv) A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;

    (v) A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;

    (vi) Your electronic or physical signature.

We may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing IP, we will immediately notify the person responsible for posting such IP that we removed or disabled access to the IP. We may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). the Company’s designated Copyright Agent is:

[Name]

[Phone Number]

{email address]

NOTE TO CLIENT. Register your Designated Agent here, then remove this link.

https://www.copyright.gov/dmca-directory/  Any party can be your designated agent, including yourself.

Dispute Resolution. 

Arbitration. Any dispute, controversy or claim arising out of or related in any way to this Agreement, or any Services performed hereunder which cannot be amicably resolved by the Parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Commercial Arbitration Rules (the “Rules”). The arbitration shall be conducted before a single arbitrator (the “Arbitrator”) who shall sign an oath agreeing to be bound by the code of ethics for arbitrators in commercial disputes promulgated by the AAA for neutral arbitrators. Arbitration shall take place in the State of Delaware, except that as permitted by the Rules, the meeting of the Parties and the Arbitrator shall be conducted virtually. The decision of the Arbitrator shall be in writing with written findings of fact and shall be final and binding on the Parties. This Section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement, except as may be otherwise stated herein. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the Terms of Service, by emailing us at info@epicflow.io. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this paragraph.

Governing Law, Venue. These Terms shall be governed by and construed in accordance with the internal laws of the State of Delaware applicable to agreements made and to be performed in the State of Delaware. Any legal suit, action or proceeding arising out of or based upon Arbitration or otherwise contemplated hereby (“Related Proceedings”) may only be instituted in the state or federal courts of the State of Delaware  (collectively, the “Specified Courts”), and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of any process, summons, notice, or document by mail to such Party’s address shall be effective service of process for any suit, action or other proceeding brought in any such court. The Parties  irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or other proceeding in the Specified Courts and irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such suit, action or other proceeding brought in any such court has been brought in an inconvenient forum. THE PARTIES EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT ANY ACTION ARISING UNDER OR IN CONNECTION WITH THESE TERMS IS LITIGATED OR HEARD IN ANY COURT.

Attorney Fees.

In the event that any dispute between the parties should result in litigation or arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the Prevailing Party, including without limitation, reasonable attorneys' fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post judgment motions, (2) contempt proceedings, (3) garnishment, levy, and debtor and third party examinations, (4) discovery, and (5) bankruptcy litigation; and (b) “Prevailing Party” shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise.

Miscellaneous. 

These Terms constitute the entire agreement between the parties and contains all of the agreements between the parties with respect to the subject matter hereof; these Terms supersedes any and all other agreements, either oral or in writing (including any interim agreements executed by the parties), between the parties hereto with respect to the subject matter hereof. No change or modification of these Terms shall be valid unless the same be in writing and signed by both Parties, respectively. All notices and other communications hereunder shall be in writing and shall be deemed given on delivery if delivered personally or sent by facsimile transmission with electronic confirmation, or four (4) business days following such notice being sent, if mailed by registered or registered, postage prepaid, to the other Party at the addresses as last reported to the other Party. Company is and shall remain an independent contractor of Users and nothing contained in these Terms shall be deemed to create an employer/employee, principal/agent, partnership, or joint venture relationship between the Parties Neither Party will have the right to assign, pledge or transfer all or any part of these Terms without the prior written consent of the other, except that Company may assign its rights and interests to another party without the approval of any User. If any provision of these Terms is held by a competent court to be invalid or unenforceable under applicable law, then such provision shall be severed from these Terms and the remainder of these Terms shall be interpreted as if such provision were so severed and shall be enforceable in accordance with its terms. Those provisions of these Terms which by their nature should survive termination, and all accrued and unpaid obligations arising hereunder, shall survive the expiration or termination of these Terms for any reason. No delay or omission by either party to exercise any right or power it has under these Terms shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other covenant. All waivers must be in writing and signed by the party waiving its rights. The paragraph headings of these Terms are inserted for convenience only and shall not constitute a part of these Terms for the purposes of construing or interpreting any provision hereof. Whenever the context requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine or neutral gender. These Terms shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties. Nothing in these Terms, express or implied, is intended to confer upon any party other than the Parties hereto or their respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of these Terms, except as expressly provided in these Terms. Each Party shall use all reasonable efforts to take  all actions necessary or desirable to consummate and make effective the transactions these Terms contemplates or to evidence or carry out the intent and purposes of these Terms.

Customer Service. If you have any comments or questions regarding these Terms or wish to report any violation of these Terms, you may contact us at info@epicflow.io. However, we only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libelous or defamatory conduct, you must report it to Company. We recommend contacting us for assistance if you experience any issues regarding the Software in the following ways:

By sending email to info@epicflow.io.

By following one of the ways communicated via the homepage i.e. Social media channels or chat tools if applicable.