Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you are not authorized to use the Services.

Privacy Policy

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

Changes to these Terms or the Services 

We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Introduction

Welcome to the Episap NFT Marketplace Mobile App (referred to as "the App"). This Privacy Policy explains how Episap (referred to as "we," "our," or "us") collects, uses, shares, and protects your information when you use our App. By accessing or using the App, you consent to the data practices described in this Privacy Policy.

Information We Collect

  • Information You Provide: 

  • Account Information : 

  • When you register an account, use the App, or communicate with us, we may collect personal information you provide, such as your name, email address, Mobile Number and country of residence.

Verification Information :

We may need to collect information to verify your account or identity, such as your phone number, email address and KYC Information: Only if required by regulations or policies, including government-issued ID and supporting documents.

Preferences :

Remember things you like? We let you save things like how you see your stuff, how you want to be notified. We may associate these choices with your account.

Feedback :

Tell us what you think! When you send us feedback or ask for help, we might get your name and email (like your address), and whatever else you say in the message.

Additionally, like much of web3, your blockchain wallet address functions as your identity on Episap. Accordingly, you will need a blockchain wallet and associated wallet address to access certain aspects of the Service. We do not consider a blockchain wallet address, standing alone, to be information that identifies you. However, a blockchain wallet address may become associated with you, your user ID or information we collect about you when you use our Service.

Your Content :

(a) Posting Content. 

Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. User Content may include the NFT Content. Episap does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

(b) Permissions to Your User Content. 

By making any User Content available through the Services, you hereby grant to Episap a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

(c) Your Responsibility for User Content. 

You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Episap on or through the Services will infringe,misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) Removal of User Content.

You can remove certain of your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make, or your NFT Content) may not be completely removed and copies of your User Content may continue to exist on the Services or NFT. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Transactions Are Conducted on the Blockchain. 

While Episap offers a marketplace for NFTs, it does not buy, sell or take custody or possession of any NFTs, nor does it act as an agent or custodian for any user of the Services. You acknowledge that Episap does not take control or custody of any NFT or cryptocurrency at any time. If you elect to buy or sell any NFTs, any transactions that you engage in will be conducted solely through the relevant Blockchain network governing such NFT. You will be required to make or receive payments exclusively through the cryptocurrency wallet you have connected to the Episap. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Service. There may be royalties associated with the secondary sale of any NFT. You acknowledge and agree that the payment of any such royalty shall, in certain circumstances, be programmed to be self-executing via a blockchain network’s nonfungible token standard and Episap does not have any control or ability to direct such funds or the obligation to collect such fees.

Terms Applicable to Purchasers and Sellers


If you are using the Services to purchase NFTs, you are a “Purchaser,” and if you are using the Services to sell NFTs,you are a “Seller.” If you are either a Purchaser or Seller, you agree to the following

additional terms:


(i) Purchase Terms


NFTs purchased or sold on the Episap are subject to terms directly between Purchasers and Sellers (e.g., with respect to the use of the NFT Content, as defined below, or benefits associated with a given NFT) (“Purchase Terms”). Episap is not a party to any such Purchase Terms, which are solely between the Purchaser and the Seller. The Purchaser and Seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. Seller must comply with and fulfill the Purchase Terms with respect to any NFTs that it sells. When you purchase an NFT through the Services, you own all personal property rights to the electronic record that comprises the NFT (i.e., the right to sell or otherwise dispose of that NFT). Unless expressly specified in the Purchase Terms, such rights, however, do not include the ownership of the intellectual property rights in any digital art embodied in the NFTs, any name, likeness, image, signature, voice and other identifiable characteristics included in the digital art embodied in the NFTs, any creative assets, name, logos and trademarks associated with the NFTs, and all intellectual property rights in the foregoing (collectively, the “NFT Content”). Rather, unless specified otherwise in the Purchase Terms, you have a license to use the NFT Content solely for the following purposes: (1) for Purchaser’s own personal, non-commercial use; (2) attempts to sell or otherwise dispose of the NFT consistent with the ownership of it; and (3) as part of a third party offering compatible with the purchased NFT in the normal course of the permitted end-use of such offering. If these Terms and the Purchase Terms (as defined below) conflict, the terms set forth in these Terms will prevail.



(ii) Costs and Fees


You agree to be solely responsible for and to pay all applicable fees, including Gas Fees and hosting fees, and you authorize Episap to automatically charge you for any such fees or deduct such fees directly from your amounts paid by the Purchaser. Each party shall also be responsible for all Taxes imposed on its income or property, and Episap shall have no responsibility for payment of such Taxes regardless of the taxing authority. “Gas fees” mean the fees that fund the network of computers that run the decentralized blockchain network, meaning that you will need to pay a Gas Fee for each transaction that occurs via the blockchain network. Although transactions on the Episap are not currently subject to fees that Episap collects to support the NFT creators and Episap, Episap reserves the right to implement fees on transactions on the Episap in the future. If fees will be collected by Episap, such fees will be posted on the Site or otherwise set forth in these Terms.



Taxes 


You are solely responsible for all costs incurred by you in using the Services and determining, collecting, reporting and paying all applicable Taxes. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Services. We reserve the right to report any activity occurring using the Services to relevant tax authorities as required under applicable law.



Suspension or Termination


We may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party service provider. Such suspension or termination shall not be constituted a breach of these Terms by Episap.In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other

compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include where good cause exists, or otherwise restricting you from using the Services.


Links to Third Party Websites or Resources


The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.


USER CONTENT 


  • The Service allows you to create non-fungible tokens ("NFTs") based on digital content, including but not limited to images, videos, and audio ("Content").

  • You represent and warrant that you have all necessary rights, licenses, and permissions to create and tokenize the Content into an NFT, and that such creation and tokenization do not infringe or violate any third-party rights, including but not limited to copyrights, trademarks, and publicity rights.

  • You retain ownership of the Content and any intellectual property rights therein. By creating an NFT using the Service, you grant us a non-exclusive, worldwide, royalty-free license to display, distribute, and promote the NFT and Content for the purposes of providing and promoting the Service.

  • Prohibited Content

    • You may not create NFTs using the Service that contain, promote, or depict any of the following:

    • Content that infringes or violates any third-party rights, including intellectual property rights, privacy rights, or publicity rights.

    • Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, or otherwise objectionable.

    • Content that promotes or facilitates illegal activities or substances.

    • Content that is discriminatory, hateful, or incites violence or hatred against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.

    • Content that contains viruses, malware, or other harmful code.

  • We reserve the right to remove or refuse to create any NFTs that violate these Terms or our content policies, in our sole discretion.

  • We do not guarantee the success of any NFT created from your content. We are not responsible for any loss or damage arising from the use of your content or the creation of NFTs. 

  • Specific Rules for Photographs and Images

    • If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product. 

  • Monitoring Content

    • Episap does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its Users. You acknowledge and agree that Episap reserves the right to, and may from time to time, monitor any and all information and content transmitted or received through the Service for operational and other purposes. If at any time Episap chooses to monitor the content , Episap still assumes no responsibility or liability for such content, or any loss or damage incurred as a result of the use of such content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.