Terms and Conditions - Feb. 2024
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THIS TERMS OF USE AGREEMENT (the “Agreement”) is a legally binding contract between EPIFLOWWW S.R.L. ("Epiflowww"), a limited liability company organized under the laws of Romania, and you, the client, whether acting personally or on behalf of an entity (“Client”). This Agreement governs your access to and use of Epiflowww’s website at https://www.epiflowww.com (the “Website”), along with any related media forms, channels, mobile websites, or mobile applications. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by all terms, conditions, and obligations set forth herein. Failure to comply with these terms will prohibit your use of the Website, compelling you to cease all access immediately. In such an event, the contractual relationship between you and Epiflowww will be terminated, except for any remaining obligations you may have to compensate Epiflowww for services provided.
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1. Intellectual Property Rights
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The website https://www.epiflowww.com ("the Website"), including all its source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (collectively, "the Content"), and all trademarks, service marks, and logos contained therein ("the Marks"), are the exclusive property of EPIFLOWWW S.R.L. ("Epiflowww"), unless explicitly stated otherwise. The Content and Marks are protected under copyright, trademark laws, and any other applicable intellectual property laws and regulations of Romania, as well as foreign jurisdictions and international conventions.

The Content and Marks are provided on an "As-Is" basis for your information and personal, non-commercial use only. You are not permitted to copy, reproduce, aggregate, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, or exploit any part of the Website or the Content for commercial purposes without obtaining prior written consent from Epiflowww. All rights not expressly granted herein are reserved by Epiflowww.
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2. Ownership of Materials

‍All designs and original source files created for the Client ("Projects") under the auspices of Epiflowww are the exclusive property of the Client, with the Client retaining sole copyright ownership of all such Projects. This ownership is irrespective of Epiflowww's rights to Submissions, as outlined in Paragraph 6 ("Client Feedback"). In any circumstance where the law might default ownership of any Project, in whole or part, to Epiflowww rather than the Client, Epiflowww will irrevocably and perpetually transfer all interest in the Project back to the Client without any restrictions.

The Client assures that all materials provided to Epiflowww—whether as examples or for incorporation into a project—are owned by the Client and do not infringe or misappropriate any third-party rights, including intellectual property rights and rights of publicity.

Epiflowww retains the right to publicly share any Client's design work (via social media, website, etc.) unless specifically stated otherwise by the Client, as detailed in section 18 of this document.
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3. Third-Party Fonts

‍Should any Project involve fonts not owned by Epiflowww, which necessitate a commercial license for the Client to lawfully reproduce, distribute, or display the Project ("Third-Party Fonts"), Epiflowww commits to promptly notifying the Client in writing. This notification will detail the inclusion of Third-Party Fonts within the Project and advise that the Client is required to acquire the appropriate licenses from the rights-holders of these Third-Party Fonts to legally utilize the Project as intended.

The notification will also provide necessary details enabling the Client to identify and secure the required licenses, including contact information for the rights-holders. Upon receipt of this information, the Client will bear full responsibility for obtaining any licenses needed for the Third-Party Fonts. Failure to secure these licenses, as instructed, will result in the Client assuming all liabilities arising from such non-compliance.
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4. User Representations

By engaging with the Website, the Client affirms and guarantees the following:

- The Client possesses the legal capacity and commits to adhere to these Terms of Use.
- The Client is of legal age in their jurisdiction and not considered a minor.
- Access to the Website will be conducted personally and not through automated, non-human methods.
- The Website will not be used for any purposes that are illegal or not authorized by Epiflowww.
- The Client’s interaction with the Website will fully comply with all relevant laws and regulations applicable in their jurisdiction.
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5. Prohibited Activities

‍The Client is authorized to access and use the Website solely for its intended purposes. Unauthorized use or engagement in activities not expressly permitted by Epiflowww, including but not limited to the following, is strictly prohibited:

- Misusing the Website for unauthorized purposes, including commercial activities not endorsed or conducted by Epiflowww.
- Extracting Website data to compile databases or directories without express permission.
- Tampering with or circumventing the Website’s security features.Engaging in unauthorized framing or linking to the Website.Deceiving, defrauding, or misleading Epiflowww and its users.Overburdening, disrupting, or causing dysfunction in the Website’s operation or Epiflowww’s network infrastructure.Competing with Epiflowww using the Website’s resources or content.Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Website’s software.Circumventing measures implemented to restrict or safeguard access to the Website.Harassing, intimidating, or threatening Epiflowww’s staff, contractors, or agents.Removing copyright or other proprietary notices from Website content.Replicating or altering the Website’s software.Distributing harmful software or attempting to upload materials that could damage, alter, or impair the Website’s functionality or the user experience.Utilizing the Website to collect or transmit unauthorized or unsolicited material.Acting in a manner that discredits or harms Epiflowww.Using the Website in violation of applicable laws, regulations, or statutes.Adherence to these guidelines ensures a safe, secure, and respectful environment for all users and maintains the integrity of Epiflowww’s services.
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6. Client Contributions & Feedback
We value your insights and creativity! When you share your ideas, feedback, or any submissions with us, whether it's a glowing recommendation or a clever suggestion for improvement, know that Epiflowww treasures these contributions. While these submissions become our exclusive property—allowing us the freedom to use them to enhance our services or in our promotional efforts—we want to assure you that this process is rooted in a mutual goal of improvement and innovation. You have our promise that your contributions will be utilized respectfully and ethically, aimed solely at enriching the Epiflowww experience for all. Your voice matters to us, and together, we can shape a more vibrant, client-focused Epiflowww.
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7. Oversight and Governance
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At Epiflowww, we're committed to maintaining a secure and respectful environment for all our users. To this end, we vigilantly oversee the Website, ensuring adherence to our Terms of Use, as well as all relevant laws and regulations. Should we identify any breaches, rest assured, we will act decisively to rectify such issues. This might include limiting or revoking access to our Website, a measure we don't take lightly but deem necessary to safeguard the interests of our community. These actions are taken with the utmost discretion and are aimed solely at upholding the integrity and security of the Epiflowww experience. Your understanding and cooperation in these matters help us create a better space for everyone.
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8. Privacy Commitment
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Your privacy is of utmost importance to Epiflowww. By interacting with our Website, you affirm your consent to our Privacy Policy, which outlines our commitment to safeguarding your personal information and is integral to this agreement. Our operations are rooted in Romania, adhering to the stringent data protection laws that govern personal data collection, use, and disclosure within the European Union and beyond.We are dedicated to protecting the privacy of young internet users. Epiflowww does not intentionally gather information from individuals under the age of 18. In line with the EU’s General Data Protection Regulation (GDPR), we will promptly delete any information inadvertently received from children under 16 without verifiable parental consent, reinforcing our pledge to privacy and safety.
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9. Returns and Refunds Policy
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At Epiflowww, client satisfaction is paramount. We understand the importance of meeting your expectations and offer a responsive and equitable refund policy as outlined below:Refund Requests: Clients are entitled to request a refund within the first 30 days from the start of their service period if they believe the services rendered have not lived up to their expectations.Ownership of Materials: Should a refund be granted, all materials created and delivered by Epiflowww up to the point of refund request will revert to Epiflowww’s ownership. The client must discontinue use and delete all such materials in their possession.Processing Fee: To cover administrative costs and the efforts put into the project, a processing fee equivalent to 25% of the total monthly fee will be deducted from the refund amount. This fee applies regardless of when during the initial 30-day period the refund request is made.Legal Measures: Post-refund, Epiflowww reserves the right to take legal action against any unauthorized use of the work previously delivered, in compliance with applicable copyright laws.Refund evaluations and decisions are made at Epiflowww's discretion. We aim for transparency and fairness in our process, prioritizing quality service and client contentment.
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10. Modification
Epiflowww reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. Epiflowww reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.
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11. Connection Interruptions
‍At Epiflowww, we strive to ensure continuous access to our services. However, the digital landscape is unpredictable, and interruptions may occur due to factors beyond our control, such as hardware malfunctions, software issues, or external network disruptions. We understand the importance of our services in your business operations and want to assure you that every effort is made to minimize such disruptions.Please be aware that Epiflowww cannot guarantee uninterrupted service availability. In the rare event of service downtime, we are committed to restoring access as swiftly as possible. We appreciate your understanding and patience during these times and wish to remind our clients that Epiflowww will not be held liable for any inconvenience or potential losses caused by temporary access issues or disruptions.Our team is dedicated to providing reliable, high-quality service, and we continuously work towards enhancing our system's resilience against such interruptions.
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12. Governing Law and Jurisdiction
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This Agreement and any dispute arising out of or related to it will be governed by the laws of Romania. The parties agree to submit to the exclusive jurisdiction of Romanian courts for any disputes arising out of or in connection with this Agreement, ensuring that any legal actions, suits, or proceedings are conducted in a manner that respects local legal standards and practices.
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13. Dispute Resolution
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Any legal proceedings related to or arising out of this Agreement shall be initiated in the competent courts of Romania. The parties hereby agree to the exclusive jurisdiction of these courts and waive any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to this Agreement.
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14. Disclaimer
Epiflowww provides the Website and Services on an "as-is" and "as available" basis. The use of the Website and Services by the Client is at their own risk. Epiflowww disclaims all warranties, both express and implied, related to the Website and the use thereof by the Client. This includes implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Epiflowww makes no warranty regarding the accuracy, completeness, or reliability of the Website or any content found therein, including content linked to the Website.Epiflowww is not liable for any errors, inaccuracies, or omissions in the content and materials, personal injury or property damage of any kind, unauthorized access to or use of our secure servers and/or any personal and financial information stored therein, interruptions or cessation of transmission to or from our website, any form of malware or harmful code transmitted to or through our website by any third party, and any loss or damage of any kind incurred as a result of using any content posted, transmitted, or otherwise made available via the Website.Furthermore, Epiflowww does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website, any hyperlinked website, or any website or mobile application featured in any advertising.
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15. Limitations of Liability and Indemnification
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Epiflowww, including its directors, employees, affiliates, and agents, shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages arising from the use of the Website by the Client. This includes, but is not limited to, losses such as lost profits, lost revenue, lost data, legal fees, court costs, and any other damages resulting from the use of the Website.The Client agrees to defend, indemnify, and hold harmless Epiflowww and its affiliates, along with their respective directors, employees, and agents, against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (1) the Client's use of and access to the Website; (2) the Client's breach of any term of these Terms of Use; (3) any claim that the Client's actions on the Website caused damage to a third party; (4) any breach of the Client's representations and warranties as outlined in these Terms of Use; (5) the Client's violation of any third-party right, including but not limited to intellectual property rights.In the event of such a claim, Epiflowww reserves the right, at the Client's expense, to assume the exclusive defense and control of any matter for which the Client is required to indemnify Epiflowww. The Client agrees to cooperate with Epiflowww in defending such claims.
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16. User Data Responsibility

Client's Data Responsibility: The client is entirely responsible for all the information and data they send or use on the website.No Data Loss Liability: Epiflowww won't be held responsible if any of the data you use or send through the website gets lost or damaged. You can't take legal action against Epiflowww for such losses.
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17. Electronic Communication and Signatures
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Consent to Electronic Communication: You agree to receive emails and other communications from Epiflowww electronically. This means that agreements, notices, and other messages sent via email or through the website are considered legally valid.Use of Electronic Signatures: You agree that electronic signatures, contracts, orders, and records are acceptable and that notices, policies, and transaction records can be delivered electronically. This means you don't need physical signatures on paper for these documents.
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18. Showcasing Design Work
Our Right to Share: We might showcase the design work we create for you on digital platforms like social media and our website, unless you request otherwise.Client's NDA: If you want to keep your work private, you can request a Non-Disclosure Agreement (NDA) with us. If we agree to an NDA, we won't share or discuss your work publicly.
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19. Referrals
We manage referrals and their payouts through our partner, Rewardful.com.
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20. Miscellaneous
These Terms of Use and any policies on the Website form the entire agreement between the Client and Epiflowww.If Epiflowww doesn't enforce any part of these Terms, it doesn't mean they've given up their rights to enforce it later.If any part of these Terms is found to be unlawful, it will be removed, but the rest of the Terms will still be valid.These Terms don't create a partnership, joint venture, employment, or agency relationship between the Client and Epiflowww.
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21. Contact Information
For any questions, concerns, or complaints regarding the Epiflowww website, please contact us at: design@epiflowww.com.