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Terms and Conditions

Last updated: January 4, 2024

Please read these terms and conditions carefully before using Our Service. The following appendices form an inseparable part of and are governed by the terms of these terms and conditions:

Annex 1: Data Processing Agreement

In the event of any conflicting terms in the terms and its appendices, the terms shall take precedence over the appendices, except in any matters relating to the processing of personal data, in which case Annex 1 (Data Processing Agreement) shall take precedence.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Epilocal OÜ, registered in Estonia.
  • Country refers to: Estonia
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website, Web Application and/or Mobile App provided by the Company.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Epilocal, accessible from https://www.epilocal.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

ANNEX 1 - Data Processing Agreement

Nature and Purpose of the Processing

This Data Processing Agreement (“DPA”) is an annex to and forms an inseparable part of the Terms and Conditions that You must accept in order to use of our Service.

The agreed Service delivery may include processing of personal data by the Company and its subcontractors, on behalf of the You, within the scope described in this Agreement. The purpose of this DPA is to set the terms and conditions governing such processing by Us on behalf of the You in compliance with the requirements set by the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and other applicable data protection legislation, including the California Consumer Privacy Act of 2018 (“CCPA”) (collectively, “Data Privacy Laws”).

We may process personal data on Your behalf solely to the extent necessary for the provision of the Services set forth in this Agreement, and may not otherwise process or use personal data for purposes other than those set forth in this DPA or as reasonably instructed by You in writing where such instructions are consistent with the terms of this Agreement. We may not sell your personal data, as the term “sale” is defined under the CCPA.

All references to “personal data”, “processing”, “data subject” and other terms defined in Data Privacy Laws and not expressly defined herein shall have the same meaning in this DPA as in Article 4 of the GDPR. When CCPA applies, these above mentioned terms shall have the same meaning as defined in the CCPA; “controller” shall mean “Business” and “processor or “data processor” shall mean “Service Provider”.

Many of the Company’s services are cloud based and as a result shall be delivered by a third-party provider (Amazon Web Services, Microsoft, Google or other). You acknowledge that any personal data processed within the cloud service shall be exclusively governed by the terms and conditions for the cloud service as stipulated and amended from time to time by the cloud service provider.

Term and Termination of This DPA

This DPA shall become effective upon You entering into the Agreement and shall remain in force during the validity of the Agreement and thereafter for as long as necessary for the finalization of the agreed processing of personal data.

Processing of Your Personal Data

The personal data will concern the following categories of data subjects:

  • Your customers or users (including prospective customers or users) or Your Customer’s customers

The types of personal data may include the following depending on the service(s) the Company provides:

  • Online identifiers, such as cookie identifiers, internet protocol addresses and device identifiers
  • Location data
  • User IDs or other client identifiers
  • Contact details, such as names, email addresses, phone numbers and addresses
  • Data relating to individuals provided by You (or at your direction) in order to provide access to the Service
  • Event data and CRM data relating to individuals provided by You via the Service, such as data about data subjects and the actions they take on or in relation to specific websites, apps, services or applications
  • Financial and transactional details such as accounting, sales, orders, invoices, payments and items purchased
  • Other personal data submitted to the Services by You within the scope of the Agreement

We shall not process the personal data provided to via Our Services by You (or at your direction) for any other purpose or otherwise deviate from the Your instructions relating to the processing of personal data in any way, unless required to do so by the laws of the European Union or its member states to which the Company is subject, in which case the Company shall inform You of that legal requirement before carrying out such processing (unless that law prohibits Us from doing so).

Your Responsibilities

You are the owner of your personal data and are responsible for the accuracy, legality, integrity and content reliability of such personal data. You shall, in the use of Our Services, process personal data in accordance with the requirements of applicable data protection legislation and ensure that its instructions for the processing of personal data shall comply with applicable data protection legislation. You are solely liable for compliance with Data Privacy Laws in the use of Our Services. You must provide a written notification to Us without undue delay if You believe this DPA does not fulfill the requirements of applicable Data Privacy Laws.

Our Responsibilities to You

We will notify You about any personal data breaches concerning the Your personal data without undue delay after having become aware of such personal data breach. To the extent possible, the notification shall include the following information:

  • A description of the nature of the personal data breach including where possible the categories and approximate number of data subjects and personal data records concerned
  • Contact details where further information can be obtained
  • A description of the likely consequences of the personal data breach
  • A description of the measures taken or proposed to be taken to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

Where it is not possible for Us to provide the information above at the same time as the notification of the personal data breach, the information may be provided in phases without undue delay.

Confidentiality and Security

We will ensure that all persons authorized to process Your personal data are bound by an obligation of confidentiality with respect to such personal data, and only processes such personal data on instructions from You, unless required to do so under applicable EU or EU member state law.

We will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing, taking into account the costs of implementation, and the nature, scope, context and purposes of processing. This includes measures to:

  • Implement and maintain technical and organizational measures for safeguarding the confidentiality, integrity, availability and resilience of systems and services processing personal data
  • Restore the availability and access to personal data in a timely manner in the event of an incident
  • Regularly test, assess and evaluate the effectiveness of technical and organizational measures for ensuring the security of the processing
  • Pseudonymize and/or encrypt personal data.

Sub-Processors and Transfers to Third Countries

You acknowledge that We need to engage other processors for carrying out specific processing activities, and that We wish to deliver standard services in a consistent, secure and efficient manner. Accordingly, the DPA shall constitute Your general authorization for Our use of sub-processors.

Where a sub-processor fails to fulfil its data protection obligation, We shall remain fully liable to You for the performance of that sub-processor’s obligations.

The Company and its sub-processors may transfer or process personal data outside the EU/EEA area.

When personal data is transferred by the Company to a sub-processor outside the EU/EEA, We shall ensure that transfer is only made to (a) a country deemed by the Commission to have an adequate level of protection, (b) entities having entered into the EU Commission standard contractual clauses approved by the European Union concerning the transfer of personal data to outside the EU/EEA or provided other appropriate safeguards as described in Article 46 of the GDPR.

Retention of Your Data

We have no obligation to store and We will not store any of Your data after the termination of your account and/or subscription of the Service.  We will, at Your instruction, promptly delete or return all personal data related to Your account after the end of the provision of the Services relating to processing and delete all existing copies unless applicable legislation requires storage of the personal data.

Damages

We will compensate You for any damages incurred as a result of fault or negligence by Us, or by a sub-contractor, in the processing of personal data in breach of this DPA, including for claims by data subjects or a supervisory authority against You caused directly by breach of this DPA.

To clarify, the limitations of liability set forth in the Terms and Conditions shall apply.