1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and EPC. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly replace any prior agreements or arrangements with you. EPC may immediately terminate these Terms or any Services with respect to you, or generally stop offering or deny access to the Services or any portion thereof, at any time for any reason.
EPC may amend the Terms related to the Services from time to time. The amendments will be effective upon EPC’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
You understand and acknowledge that the Services is being provided as a “Public Beta”, and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing EPC with feedback on the quality and usability of the Services. The Services may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. EPC strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Services. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, EPC is not obligated to provide any maintenance, technical or other support for the Services.
2. The Services
The Services constitute a technology platform that enables users of EPC’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange printing and scanning services with independent third party providers of such services, including independent third party printing and scanning service providers (“Providers”). Unless otherwise agreed by EPC in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT EPC DOES NOT PROVIDE PRINTING OR SCANNING SERVICES OR FUNCTION AS A PRINTING OR SCANNING SERVICE PROVIDER AND THAT ALL SUCH PRINTING OR SCANNING SERVICES ARE DELIVERED BY INDEPENDENT THIRD PARTY PROVIDERS WHO ARE NOT EMPLOYED BY EPC.
EPC provide a cloud based software as a service printing and scanning technology platform, for which the contents of printing and scanning jobs are temporarily stored on EPC servers used by the Services. The contents of your printed and scanned jobs are encrypted in transit to the Application, and at rest within the Application with at least 256-bit AES encryption level. Your printing and scanning jobs remain active and accessible to you for 72 hours until expired and deleted by the Application.
Subject to your compliance with these Terms, EPC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (a) access and use the Applications on your personal device solely in connection with your use of the Services; and (b) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by EPC.
You may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Services; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by EPC; (c) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (d) link to, mirror or frame any portion of the Services; (d) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (e) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services and all rights therein are and shall remain EPC’s property or the property of EPC’s licensors. Neither these Terms nor your use of the Services grant to you any rights: (a) in or related to the Services except for the limited license granted above; or (b) to use or reference in any manner EPC’s company names, logos, product and service names, trademarks or services marks or those of EPC’s licensors.
3. Use of the Services
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Services.
You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
You may need to install updates to the Services that EPC introduces from time to time to use the Services. The Services originating from EPC may communicate with EPC servers from time to time to check for available updates to the functionality of the Services, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions ("Updates"). By using the Services and installing Applications, you agree to such automatically requested and received Updates.
Any personally identifiable information provided to EPC for the purpose of using the Services will be treated by EPC in accordance with the Privacy Statement.
EPC may have access to information including Services or Applications configuration settings, Services or Applications usage statistics, print jobs, or scanned documents ("Data"). Unless we have your permission, we will not share or use Data except at an aggregate level (without identifying the individual user) to the extent necessary to provide such support, improve the Services or Applications performance, provide additional features and functionality, exercise our rights under these Terms, and make marketing offers to you in accordance with your privacy preferences.
You agree to comply with all laws, ordinances, rules, regulations, and requirements imposed by applicable governments and regulatory agencies regarding your use of the Services, including but not limited to your use, transmission, and disclosure of any Data or information via the Services.
Users of the Services may not use the Services to process, store or disseminate Prohibited Data. Generally, "Prohibited Data" includes material that EPC believes:
Violates any law;
Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
Comprises copyrighted material used without the express permission of the owner;
Violates or otherwise encroaches on the rights of others;
Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Services;
Advocates or induces illegal activity;
Uses any high volume automated means (including robots, spiders or scripts) to access the Services or any other accounts, systems or networks connected to the Services;
Attempts to gain unauthorized access to any portion of the Services or any accounts, systems, or networks connected to the Services;
Interferes with, disrupts, or violates the security or integrity of the Services or any account, system, or network connected to the Services, including hacking, destabilizing or adapting the Services, or altering another website to falsely imply it is affiliated with the Services;
Distributes, publishes, sends or facilitates unsolicited mass e-mailings, promotions, advertising, or solicitations, including commercial advertising and informational announcements;
Stalks, harasses, or harms anyone, including minors; or
Provides a link to any of the above.
As between you and EPC, you will be solely responsible for any and all Data that you submit to the Applications. By transmitting Data to or from the Applications, you represent that you are the owner of said Data, or have obtained the express consent of the owner to use the Data in the manner that you have used it in connection with the Services. EPC will not be liable in any way (under the laws of copyright, libel, privacy, obscenity or otherwise) for any Data provided by you or others via the Services. EPC reserves the right (but assumes no obligation) to delete, move, or edit any Data transmitted to or stored within the Applications that comes to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. EPC also reserves the right to determine whether the Data transmitted by you to or from the Applications, and your use of the Services are appropriate and in compliance with these Terms, and, without notice to you and in our sole discretion, we may remove stored Data at any time and may suspend or terminate your access to the Services if we believe such stored Data or your use of the Services is in violation of these Terms or is otherwise inappropriate.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. EPC does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges (“Charges”) to you for the services you receive from a Provider. Before you receive services obtained through your use of the Services, EPC will facilitate your payment of the applicable Charges on behalf of the Provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by EPC. You retain the right to request full or partial refund of Charges for services not received by timely manner.
All Charges are due immediately and payment will be facilitated by EPC using your selected payment method, after which EPC will issue an electronic receipt for the Services.
EPC reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in EPC’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. EPC will use reasonable efforts to inform you of Charges that may apply.
You may elect to cancel your request for services from a Provider at any time prior to EPC has successfully facilitated your payment for Services in which case you are not charged any cancellation fee.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Provider imaging devices and property resulting from use of the Services in excess of normal “wear and tear” damages and necessary cleaning.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EPC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, EPC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EPC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY SERVICES REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
EPC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF EPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EPC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (a) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (b) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF EPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EPC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EPC’S REASONABLE CONTROL. IN NO EVENT SHALL EPC’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED EUROS (€100).
EPC’S SERVICES MAY BE USED BY YOU TO REQUEST PRINTING AND SCANNING SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT EPC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PRINTING OR SCANNING SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold EPC and its employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (a) your use of the Services or services obtained through your use of the Services; (b) your breach or violation of any of these Terms; (c) your violation of the rights of any third party, including third party Providers.
6. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to EPC’s designated contact. Please visit EPC’s web page at https://eprint.cool for the designated address and additional information.
EPC may give notice by means of a general notice on the Services, electronic mail to your email address, or by written communication sent to your address. You may give notice to EPC by written communication to EPC's address at Sõpruse 157, 13417 Tallinn, Estonia.
You may not assign or transfer these Terms in whole or in part without EPC’s prior written approval. You give your approval to EPC for it to assign or transfer these Terms in whole or in part, including to: (1) a subsidiary or affiliate; (b) an acquirer of EPC’s equity, business or assets; or (c) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, EPC or any third party Provider as a result of the contract between you and EPC or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.