Terms & Conditions

Guidelines for the Use of Epicoo's Digital Experience Platform

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General

Welcome to Epicoo, a Digital Experience Platform (DXP) SaaS solution designed to transform how businesses interact with their customers across multiple digital channels. By accessing or using our services, you agree to be legally bound by these Terms of Service, which constitute an agreement between you and Epicoo. Epicoo, hereafter referred to as “we” or “our,” is dedicated to offering innovative solutions that empower businesses to create personalized and engaging user experiences. These Terms of Service should be read in conjunction with our Privacy Policy and any other guidelines or policies that may apply.

By using our platform, you acknowledge that you have read, understood, and agreed to all the terms and conditions set forth herein. If you do not agree with any part of these terms, we recommend that you do not use our services. We reserve the right to modify these Terms of Service at any time. Changes will take effect immediately upon posting on our website. It is your responsibility to periodically review the Terms of Service to stay informed about any updates. Continued use of the platform after such modifications will be considered acceptance of the changes. If you have questions or need more information about Epicoo’s Terms of Service, please contact us at contacto@epicoo.com.

Registration

To access and use the services offered by Epicoo, you must create a user account. The registration process is designed to be simple and secure, ensuring that you can quickly and efficiently start transforming your digital interactions.

Registration Process

  • Required Information: During registration, we will request basic information, such as your full name, a valid email address, and a secure password. This information is essential for creating and managing your account effectively.
  • Account Verification: After providing your information, you will receive a verification email. Click on the link sent to confirm your email address and activate your account.
  • Social Media Integration: For your convenience, we offer the option to link social media accounts, such as Google, to facilitate the login process and further personalize your experience.

User Responsibilities

  • Confidentiality: It is your responsibility to maintain the confidentiality of your access credentials. We recommend choosing a strong password and changing it regularly to ensure the security of your account.
  • Updated Information: Ensure that the information provided during registration is accurate and up-to-date. Any changes to your personal data must be communicated to Epicoo immediately to prevent service disruptions.
  • Unauthorized Use: Notify us immediately if you suspect any unauthorized use of your account or any other security breach.

By completing the registration, you agree to Epicoo’s Terms of Service and Privacy Policy. If you need assistance during the registration process, please contact our customer support at contacto@epicoo.com.

Eligibility

To use Epicoo’s services, you must meet certain eligibility criteria, ensuring that the platform is used safely and appropriately.

Eligibility Criteria

  • Minimum Age: Epicoo’s services are available only to individuals who are at least 18 years old. By creating an account, you represent that you meet this age requirement.
  • Legal Capacity: You must have the legal capacity to enter into binding contracts under the applicable laws in your jurisdiction. This means you should not be a person deemed “incompetent to contract” under local legal definitions, such as unemancipated minors or interdicted individuals.
  • Companies and Entities: If you are registering an account on behalf of a company or other legal entity, you must have the authority to bind that entity to Epicoo’s Terms of Service. By doing so, you represent and warrant that you have such authority.
  • Compliance with Laws: Use of Epicoo’s services must comply with all applicable laws and regulations. You agree not to use the platform for any illegal or unauthorized purpose.

Use Restrictions

Epicoo reserves the right to deny or revoke access to the platform to any user who does not meet the eligibility criteria or who violates the Terms of Service. If you have questions about your eligibility, please contact our customer support at suporte@epicoo.com.

License and Access

Epicoo grants you a limited, non-exclusive, non-transferable, and revocable license to access and use its Digital Experience Platform (DXP) SaaS as described in the Terms of Service. This license is conditioned upon your compliance with the terms and conditions set forth herein.

License Terms

  • Permitted Use: You may use the Epicoo platform to create and manage personalized digital experiences, in accordance with the offered functionalities. This license is granted exclusively for internal business use and may not be used for resale or any unauthorized commercial purpose.
  • Restrictions: You are not authorized to:
    • Modify, copy, distribute, or create derivative works from the platform or any part of it without prior written consent from Epicoo.
    • Reverse engineer, decompile, or attempt to extract the platform’s source code.
    • Use any data mining, robots, or similar data collection and extraction tools.
  • Access to the Platform: Access to the platform is provided through unique login credentials. You are responsible for maintaining the security of these credentials and for all activities conducted under your account.
  • Changes and Updates: Epicoo may, at its sole discretion, implement improvements, updates, or modifications to the platform. Such changes may be made without prior notice, aiming to enhance the functionality and security of the service.
  • Suspension and Revocation: Epicoo reserves the right to suspend or revoke your access to the platform at any time, without prior notice, if there is suspicion of violation of these Terms of Service or any activity that may compromise the security or integrity of the service.

User Obligations

You are a restricted user of this Software. You are obligated not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works, transfer or sell any information or software obtained from the Software. With our prior permission, limited use may be allowed. For clarity, we clarify that unlimited or large-scale reproduction, copying of content for commercial or non-commercial purposes, and unauthorized modification of data and information within the Software’s content are not allowed.

You agree not to access (or attempt to access) the Software and/or materials or Services by any means other than through the interface provided by the Software. The use of deep-link, robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any part of the Software or Content, or in any way reproduce or circumvent the navigation structure or presentation of the Software, materials, or any Content, to obtain or attempt to obtain any materials, documents, or information by any means not specifically made available by the Software. You acknowledge and agree that, by accessing or using the Software or Services, you may be exposed to content from other users that you may find offensive, indecent, or otherwise objectionable. We disclaim all liabilities arising from such offensive content on the Software. Furthermore, you may report such offensive content.

In places where this Software allows you to post or upload data/information, you agree to ensure that such material is not offensive and complies with applicable laws. Furthermore, you agree not to:

  • Abuse, harass, threaten, defame, mislead, corrode, revoke, disparage, or otherwise violate the legal rights of others;
  • Engage in any activity that interferes with or disrupts access to the Software or Services (or the servers and networks that are connected to the Software);
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Publish, post, disseminate any information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, related or encouraging money laundering or gambling, or otherwise unlawful in any manner; or unlawfully threatening or harassing, including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • Post any file that infringes the copyrights, patents, or trademarks of other legal entities;
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Software or another’s system;
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such a manner;
  • Probe, scan, or test the vulnerability of the Software or any network connected to the Software, nor breach the security or authentication measures on the Software or any network connected to the Software. You may not reverse look-up, trace, or seek to trace any information on any other user or visitor of the Software, or any other customer of the Software, including any Software Account not owned by you, to its source, or exploit the Software or Service or information made available or offered by or through the Software, in any manner, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Software;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Software, system resources, accounts, passwords, servers, or networks connected to or accessible through the Software or any affiliated or linked sites/software;
  • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
  • Use the Software or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity that infringes the rights of this Software or any third party;
  • Violate any code of conduct or other guidelines, which may be applicable to any particular Service;
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the Terms of Service, including but not limited to any applicable Additional Terms of the Software contained herein or elsewhere;
  • Violate any code of conduct or other guidelines, applicable to any specific Service;
  • Threaten the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offense or prevent investigation of any offense or insult any other nation;
  • Publish, post, disseminate information that is false, inaccurate, or misleading; violate any applicable laws or regulations for the time being in force within or outside India;
  • Offer, attempt to offer, trade, or attempt to trade directly or indirectly any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force;
  • Create liability for Us or cause Us to lose (in whole or in part) the services of our Internet Service Provider (“ISPs”) or other suppliers.

You shall not engage in advertising or solicitation of other Users of the Software to buy or sell any products or services. You may not transmit chain letters or unsolicited commercial emails to other Users via the Software. It shall be a violation of these Terms of Service to use any information obtained from the Software to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person other than Us without our prior explicit consent. We may (and you expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. To protect our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails that a user may send to other Users in any 24-hour period that we deem appropriate in our sole discretion. You understand that we have the right, at all times, to disclose any information (including the identity of the persons providing information or materials on the Software) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, the disclosure of information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation to monitor the materials posted on the Software. We shall have the right to remove or edit any content that, in our sole discretion, violates or is alleged to violate any applicable law or the spirit or letter of these Terms of Service. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on the Software. You represent and warrant that you own all of the rights to the Content you provide and all information contained therein and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Payment

Transactions on the Site/Software are secure and protected. Any information entered by the User when transacting on the Site/Software is encrypted to protect the User against unintentional disclosure to third parties. The credit and debit card information of the User is not received, stored, or retained by the Company/Site/Software in any manner. This information is provided by the User directly to the relevant payment gateway, which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks, institutions, and payment franchises associated with it.

The following payment options are available on the Site/Software:

  • Domestic and International Credit Cards issued by banks and financial institutions that are part of Visa, MasterCard, and Amex networks;
  • Visa and MasterCard Debit Cards;
  • Payments through Netbanking/Direct Debit of selected banks.

Payment will be initiated at the beginning of the month and must be made monthly or annually. In case the subscription is acquired in the middle of the month, the User will be charged proportionally for that month.

Disclaimer of Warranties and Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SOFTWARE, SERVICES, AND OTHER MATERIALS ARE PROVIDED BY THIS SOFTWARE ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CUSTOMERLABS MAKES NO WARRANTY THAT:

YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

MATERIALS, INFORMATION, AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE, OR RELIABLE;

ANY ERRORS OR DEFECTS IN THE SOFTWARE, SERVICES, OR OTHER MATERIALS WILL BE CORRECTED.

THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO THE DEVICE, WHETHER CAUSED BY USE OF THE SOFTWARE OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, DEFAMATION, PRIVACY, PUBLICITY, OBSCENITY, OR OTHER LAWS. CUSTOMER LABS ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE SHALL NOT BE LIABLE FOR ANY TYPOGRAPHICAL ERRORS LEADING TO AN INVALID COUPON. CUSTOMERLABS ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

Indenification and Limitation of Liability

You agree to indemnify, defend, and hold harmless Epicoo, including, but not limited to, its affiliated suppliers, agents, and employees, against all and any losses, liabilities, claims, damages, demands, costs, and expenses (including attorney’s fees and related expenses and interest thereon) which may be asserted against us or incurred by us, arising from any breach or non-compliance of any representation, warranty, covenant, or agreement made by you according to these Terms of Service. Furthermore, you agree to hold us harmless against any claims made by third parties due to, or arising out of, or in connection with, your use of the Epicoo platform, any claim that your material caused damage to a third party, your violation of the Terms of Service, or your violation of any rights of another person, including any intellectual property rights.

In no event shall Epicoo, its directors, employees, partners, or suppliers be liable to you, the supplier, or any third party for any special, incidental, indirect, consequential, or punitive damages of any nature, including those resulting from loss of use, data, or profits, whether foreseeable or not, or if we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use or access to Epicoo’s platform, services, or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Termination

This User Agreement will remain in effect until terminated by you or Epicoo. You may terminate this agreement at any time, provided that you discontinue the use of the platform. Epicoo reserves the right to terminate this User Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the platform.

Such termination will not entail any liability on Epicoo. Epicoo’s rights concerning any Feedback and the obligation to be indemnified, as set forth in these terms, shall survive the termination of this User Agreement. Termination of the User Agreement will not relieve your obligation to pay for services already ordered through the platform, nor affect any liability that may have arisen before the date of termination.

If the User does not renew their subscription, Epicoo will grant a 30 (thirty) day period after the subscription ends for payment to be made or for the subscription to be renewed, otherwise, the data will be permanently deleted.

Disputes and Jurisdiction

Any dispute involving, but not limited to, rights granted, compensations, refunds, and other claims, will be resolved through a two-step Alternative Dispute Resolution mechanism.

  • Step 1: Mediation. In case of a dispute, an initial attempt will be made for resolution by a single, neutral mediator chosen by consensus between the parties. Both parties may suggest a name for the mediator and, if both agree, the indicated person will be appointed mediator. If there is no consensus after two proposals, Epicoo will decide who will be the mediator. The mediator’s decision is not binding on the parties.
  • Step 2: Arbitration. If mediation does not result in a satisfactory solution for either party, arbitration may be resorted to, being final and binding on both parties. The arbitration tribunal will be composed of three members: one appointed by each party and a third chosen by the two appointed members by mutual agreement. The arbitration will take place in São Paulo, Brazil, and the process will be conducted in English. The arbitration award will be final and binding on the Parties. If the dispute cannot be resolved through this two-step mechanism, it will be submitted to the courts of Brazil.

Miscellaneous Provisions

  • Entire Agreement: The terms and conditions of this Agreement, together with any additional or divergent terms expressly agreed to by the Parties, constitute the comprehensive and complete understanding of the Parties concerning each Service, superseding any other prior or contemporaneous discussions, agreements, representations, warranties, and communications between them. Notwithstanding, the Parties shall remain subject to the terms of this Agreement.
  • Waiver: The failure of either party to enforce any clause of this Agreement shall not affect that party’s right to enforce such clause thereafter. No waiver of any breach of this Agreement, whether by conduct or otherwise, shall be construed as a continuing or further waiver of any other breach.
  • Severability: If any part of this Agreement is found to be invalid, illegal, or unenforceable, it shall not affect the validity and enforceability of the remaining provisions. In such case, the Agreement shall be minimally adjusted to correct any invalidity, illegality, or unenforceability, preserving to the maximum extent possible the rights and commercial expectations of the parties involved.

Contact

If you have questions about this Agreement, Epicoo’s practices, or your experience with the Service, you may contact us via email at contacto@epicoo.com.