eConfo Platform Terms of Service

Last updated: March 22, 2024

Welcome to the eConfo Platform!

Please read these Platform Terms carefully, because they set forth our legal obligations to each other, govern your access to and use of the eConfo Platform and Services, and other important topics like dispute resolution. We also have the eConfo Privacy Policy which outlines how we handle your data, terms regarding pricing, and other policies that apply to your use of the eConfo Platform and Services and are incorporated into these Platform Terms.

These eConfo Platform Terms of Service (“Platform Terms”) are made by and between you, the entity or person agreeing to these Platform Terms (“Client”) and eConfo Team, an individual entrepreneur incorporated and existent in the Republic of Poland with its registered office at 30-718, Kraków, ul. Myśliwska 55A/68, Poland (“Provider”), being the Owner’s licensee, which has the right to provide the Clients access to the SaaS software solution (“eConfo Platform”) via the website https://econfo.com (“Website”) and to collect fees from them for the use of the eConfo Platform.

The owner of the Website and the eConfo Platform is eConfo Team, an individual entrepreneur incorporated and existent in the Republic of Poland with its registered office at 30-718, Kraków, ul. Myśliwska 55A/68, Poland (“Owner”).

Unless otherwise specified, “eConfo,” “we,” “us,” or “our” in these Platform Terms means eConfo Team, an individual entrepreneur incorporated and existent in the Republic of Poland with its registered office at 30-718, Kraków, ul. Myśliwska 55A/68, Poland. The terms “you” and “your” will mean Client. If you are accessing the eConfo Platform and Services on behalf of a Client, the terms “you” and “your” will refer to that Client. When we mention “Services” in these Platform Terms, we mean the eConfo services, tools and other products provided to you.

By accessing or using the eConfo Platform and Services, you agree to be bound by the Platform Terms. IF YOU DO NOT AGREE TO THESE PLATFORM TERMS, DO NOT ACCESS OR OTHERWISE USE THE ECONFO PLATFORM.

The Platform Terms are effective when the Client ticks/clicks a box indicating its acceptance (the “Effective Date”). By accepting these Platform Terms, you represent and warrant that you have read and understood these Platform Terms. If you are accepting on behalf of Client, you represent and warrant that (i) you agree, on behalf of Client, to these Platform Terms, and (ii) you have the full legal authority to bind Client to these Platform Terms.

1. ACCESS TO THE ECONFO PLATFORM

1.1 Registration

You may observe some elements of the eConfo Platform by simply visiting our Website, but access to and use of the eConfo Platform is available only to registered Clients.

You should fill in the registration form in order to create an account on the eConfo Platform. Registration is free. After you applied for registering an account, you will receive an email once your eConfo account is opened and approved. In registering for a eConfo account, you agree to provide us with accurate and complete information and must not create an account for fraudulent or misleading purposes.

1.2 eConfo Account

To access the eConfo Platform and Services on an ongoing basis, you or any user, acting on your behalf, will need to create a eConfo account using a valid email address. If you get locked out of your eConfo account, we’ll need to contact you at the email associated with your eConfo account, and we may not be able to restore your eConfo account to you if you no longer have access to that email account.

To access certain features or tools through the eConfo Platform, you may need to verify your eConfo account or add other information to your eConfo account. You agree to provide us with additional information that will be accurate, complete and updated on our first demand.

You agree not to license, sell, or transfer your eConfo account to any third party in any way.

You are solely responsible for any activity on your eConfo account and for maintaining the security of your eConfo account. You agree to immediately notify us if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. If your account is compromised, we may not be able to restore it to you. We are not liable for any acts or omissions by you or any user, acting on your behalf, in connection with your eConfo account.

We may analyze and monitor your use of the eConfo Platform at any time. We also reserve the right to investigate complaints regarding your activity on the eConfo Platform or reported violations of the Platform Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement authorities. With regard to this, we may use your eConfo account information to (i) develop, improve, and optimize our products, tools and/or processes, (ii) verify your eConfo account and client’s identity for financial compliance (including the KYC/AML process), and (iii) verify your compliance with the Platform Terms.

We reserve the right to put your account on hold, restrict access to, or permanently disable your account due to a breach of these Platform Terms or due to (i) a breach of these Platform Terms; (ii) any illegal or inappropriate use of the eConfo Platform or Services; (iii) riching of usage limits specified in these Platform Terms. Clients who have violated the Platform Terms and had their account disabled may contact our Customer Support team via email at info@econfo.com. for more information surrounding the violation and status of the account.

1.3. Age Requirements

To register for a eConfo Account, get access to and use the eConfo Platform as a user, and subscribe to the Services you must be at least eighteen (18) years of age or older unless otherwise required by the applicable laws. To subscribe to receive any marketing or promotional material from us, you must reach the age of majority under the national laws of your country of citizenship and/or residence. If you do not meet the age requirements, you are not allowed to use the eConfo Platform and Services.

1.4. Geographic Restrictions

The eConfo Platform and Services may not be available in, or accessible from, all locations, regions, or territories. You acknowledge that you may not be able to access the eConfo Platform and all or some of the Services outside your country. If you access the eConfo Platform and Services from outside your country, you are responsible for compliance with local laws, including any laws applicable to the export of software or technology.

1.5. Updates; Availability of the eConfo Platform

We may develop and provide the eConfo Platform and Services updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features or modifications or discontinuation of existing features (collectively, including related documentation, “Updates”) from time to time in our sole discretion. Updates may also modify or delete in their entirety certain features and functionality of the eConfo Platform and Services. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed a part of the eConfo Platform and Services and be subject to all terms and conditions of this Platform Terms.

The availability of the eConfo Platform and Services may vary and depend on the network you use, compatibility of your devices, and the content formats supported. We reserve the right, at our sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the eConfo Platform and Services or any part thereof at any time by providing a notification to you through the eConfo Platform, your eConfo account, or by email. Any such action will become effective on the date specified in the notification. You will have the right to terminate these Terms if we make any material changes to the eConfo Platform and Services that you do not agree with.

Without liability from us to you, we may suspend or limit access to, and availability of, the eConfo Platform or all or any portion of the Services: (i) to address an emergency, misuse, or actual or perceived threat to the operation of the eConfo Platform and Services; (ii) to comply with applicable laws, including financial compliance and export control laws and regulations; (iii) to respond to requests or demands of a government authority; (iv) pursuant to any privacy concerns, copyright violation notices, or violation of Intellectual Property Rights or other third-party rights, (v) if you are in breach of these Platform Terms, including payment default, and/or (vi) if we believe, at our reasonable discretion, that your use of the Platform is unsuitable in any way. We will inform you of such suspension or limitation without undue delay.

Your access to the eConfo Platform may also be suspended or restricted occasionally to allow for installation and regular maintenance, repairs, upgrades, or the introduction of new tools. We will always try to limit the frequency and duration of any planned disruption, but we will not be liable to you if for any reason the eConfo Platform is unavailable at any time or for any period.

2. FEES AND PAYMENT TERMS

2.1. Fees and Transactional Fees

All payments for eConfo Tickets and Transactional Fees must be made using means of payment that we may approve, such as a major credit card (i.e., VISA & MasterCard). When the Client chooses a payment method for the invoice, its payment should be made until the date provided in the invoice.

Payment service provider. We facilitate transactions but are not a payment service provider. Payment processing services for Clients on the eConfo Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Platform Terms or continuing to operate as a Client on the eConfo Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the eConfo Platform enabling payment processing services through Stripe, you agree to provide us, the eConfo Platform, accurate and complete information about you and your business, and you authorize us, the eConfo Platform, to share it and transaction information related to your use of the payment processing services provided by Stripe. We use Stripe to make payouts to our clients. The Stripe Recipient Agreement applies to their receipt of such payouts. To make payouts from us, you must provide us, the eConfo Platform, accurate and complete information about your payout account, and you authorize us, the eConfo Platform, to share it and transaction information related to your payout with Stripe.

2.2. No Refund of Fees

You understand and agree that all fees (i.e. Fees and Transactional Fees) you pay to us are non-refundable. In case of termination before the completion of the billing period, any money paid for the eConfo Platform and Services are non-refundable. In exceptional cases, refunds of Transactional Fees may be paid back by us to you, at our sole discretion, and will only be in the form of credit for the Services.

2.3. Online invoicing

We provide electronic invoices as standard. It is your responsibility to provide us with accurate tax and payment information that is necessary to issue an invoice to you.

We may invoice you for your use of the eConfo Platform and Services through a third-party payment service provider. The third-party service provider’s terms of service shall govern and supersede these Platform Terms in case of conflict.

2.4. Taxes

All our fees are exclusive of any applicable sales or value-added tax which will be separately payable by you where applicable to invoiced amounts or Services. You are responsible for any applicable taxes and will pay us for the Services without any reduction in taxes.

If we are required to withhold any taxes, the taxes will be invoiced to you, and you will pay such taxes to us unless you provide us with a timely and valid tax exemption certificate in respect of those taxes.

You must provide accurate information regarding your tax affairs as reasonably requested by us. You will also provide, upon our request, any applicable tax identification information or any other necessary information and documents that we may require under applicable law to ensure compliance with applicable tax and financial regulations, including for AML/CFT/KYC compliance, in applicable jurisdictions.

2.5. Payment Disputes

A payment dispute is when you initiate a chargeback, refund or other types of a dispute with your payment institution (for example, your credit card provider or payment service provider we may engage for rendering our Services to you).

If you wish to open a payment dispute, you should address your payment institution directly, and the payment institution will handle the process with you. If the payment institution decides you are owed a refund, they’ll reverse the payment and refund it to your original payment method or otherwise in accordance with their terms. The final decision for refunding the Client is made by the payment institution.

Upon your request, we may submit any relevant evidence we have, or you have previously provided us with about the payment dispute to the payment institution. You may send such a request via email at info@econfo.com.

3. CLIENT OBLIGATIONS

3.1. Your Use of the eConfo Platform and Services

You are responsible for making all technical arrangements necessary to access the eConfo Platform. You are also responsible for ensuring that all persons who access the eConfo Platform through your internet connection are aware of these Platform Terms and that they comply with them.

Without limitation, the Client SHALL NOT:

3.2. Prohibited and Restricted Activities

Prohibited Client’s Activities. There are some industries with which we are not able to do business. It's either due to the European Union or international financial regulation, or we have chosen not to do business with this industry. Clients who do business in the following industries, or undertake any of these activities won't be able to open a eConfo account with the eConfo Platform:

Restricted Client’s Activities. Clients who operate in the restricted industries or activities listed below may be allowed to open a eConfo account, at our sole discretion, depending on their evaluation according to the risk factors:

3.3. Prohibited and Restricted Activities

Compliance with the applicable law. You are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing financial transactions, consumer protection, unfair competition, commercial electronic mail (email) and messages, intellectual property, advertising, privacy, and information security with respect to your use of the eConfo Platform and Services. You represent that you will restrict access to your content in accordance with all applicable laws, rules and regulations, including geo-filtering or age-gating access where required.

Emails. You shall not create, publish, transmit or distribute, under any circumstances, any bulk electronic mail messages (also known as "SPAM"). We, in our sole discretion, reserve the right to reject each and every electronic mailing suggestion or restrict your access to the communication service though the eConfo Platform. The content of any email message shall be subject to this Section 4.3. Failure by you to abide by this section, CAN-SPAM Act of 2003 or other applicable laws, in any manner, will be deemed a material breach of these Platform Terms by you.

Economic Sanctions and Export Control. If you are located in a country that is subject to trade restrictions, embargoes, and economic sanctions under the laws of the United States, the United Kingdom, the European Union or under similar laws applicable to you (“Sanctions Laws'') you may not use our Services and the eConfo Platform, or engage in commercial activities on the eConfo Platform unless that use or engagement is authorized by the United States and other relevant authorities. If you are on the US Treasury Department's list of Specially Designated Nationals, Blocked Person List or an equivalent list under the Sanctions Laws (“Sanctions Lists”), you may not engage in commercial or business activities on the eConfo Platform (such as payments or advertising). You acknowledge and agree that it is your responsibility to comply with all applicable Sanctions Laws, including transmissions of technical data exported from the United States or the country in which you reside.

By registering an account on the eConfo Platform, you represent and warrant that you are not a person specified in the Sanctions Lists or subject to economic sanctions imposed by any relevant government entity. You further agree and acknowledge that we may, without any penalty or other liability to you, suspend or cease our provision of the eConfo Platform and Services to you if you become a person or entity subject to Sanctions Laws that are applicable to the eConfo Platform and Services that are being provided to you until (in the case of suspension) such sanction is withdrawn, or you are otherwise exempted from the application of the relevant Sanction Law by the relevant government authority.

3.4. Communications; Rules of Communication

Your communications must be accurate (where they state facts), be genuinely held (where they state opinions), and comply with applicable law.

Rules of communication on the eConfo Platform. Since the eConfo Platform enables the possibility to send messages, submit requests, or interact with other contractors by other means, you should comply with the following ground rules:

In addition to the ground rules provided above, your communications must not:

You warrant that any of your communication complies with the above-mentioned rules, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of such warranty. We will not be responsible, or liable to any third party, in respect of the content of your communication.

4. LICENSES; INTELLECTUAL PROPERTY

License to the eConfo Platform. Subject to these Platform Terms and payment of the applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the eConfo Platform, solely to access our Services, during the applicable subscription period. The license granted hereunder is personal to you, and you may not re-use or share your license with a third party, such as your customer unless otherwise agreed to in separate writing. We retain any intellectual property rights we have in our eConfo Platform and Services. Any unauthorized use of any of the Services terminates the license granted by us pursuant to these Platform Terms.

License to your content. By using the eConfo Platform and Services, you grant us a worldwide, non-exclusive, royalty-free, transferable, and perpetual license to do the following with your content in relation to operating, developing, and improving our Services:

We reserve the right to block, remove, and/or permanently delete your content for any reason, including breach of these Platform Terms, our other policies, or any applicable law or regulation.

Client Trademarks. You grant us a non-exclusive, royalty-free, worldwide license to utilize your names, titles, and logos, as the same may be amended from time to time (the “Client Trademarks”), to advertise, market, promote, and publicize in any manner our rights hereunder. We shall not be required to advertise, market, promote, or publicize the Client Trademarks. This license shall terminate upon the expiration or termination of these Platform Terms.

Intellectual Property Rights. The eConfo Platform, Website, any logos, trademarks, designs, content, materials, graphics, audiovisual files, processes and code, features, functionality, and products or services accessible on or through the eConfo Platform (collectively, the “Content”) and all upgrades and updates thereto and all copyrights and other intellectual property rights related thereto are the property of Owner or it’s licensors. In addition, the design, trade dress, and the ‘look and feel’ of the visual displays available to you as part of the eConfo Platform and Services are protected works under applicable copyright laws and Owner or its licensors retain all intellectual property rights in them. The Owner or its licensors retain all rights, title, and interest in and to the eConfo Platform, Website, and the Content and all intellectual property rights therein or in connection thereto.

You acknowledge and agree that the eConfo Platform and Content are provided under license, and not sold, to you. So, the Client does not acquire any ownership rights to the eConfo Platform and Website or any material made available by and through the eConfo Platform and Website. Any unauthorized use, copying, redistribution and/or publication by the Client of any part of the eConfo Platform and/or Website are strictly prohibited. However, all information and data uploaded by the Client or retrieved, processed by means of use of the eConfo Platform on the Client’s behalf shall remain the Client’s property.

All brand and service marks, registered and unregistered trademarks, including, but not limited to, company names, logos, or symbols, contained on the eConfo Platform, such as the logos or trademarks of any third-party provider of social media services, are the property of their respective owners.

Copyright Complaints. We respect the intellectual property of others and expect our Clients to do the same. If you believe your copyright or trademark is being infringed on the eConfo Platform and related Services, please write to info@econfo.com, and we will process your request.

5. DISPUTE RESOLUTION AND GOVERNING LAW

Informal Resolution. Before pursuing formal legal action, you agree to try to resolve a dispute with us informally by sending a notice to info@econfo.com. You and Provider will try in good faith to settle any dispute within thirty (30) days after the such dispute arises. If we can’t resolve a dispute informally, you and Provider agree to resolve any dispute or claim relating to these Platform terms or Services through final and binding court judgment.

Governing law and jurisdiction. The laws of the Republic of Poland will apply to these Platform Terms and any disputes related to these Platform Terms or Services, regardless of conflict of laws rules. The courts in Białystok, Poland have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Platform Terms, and you and Provider both consent to venue and personal jurisdiction in these courts.

Class waiver. If you’re a U.S. resident, you and Provider agree that each may bring claims against the other only in our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) may be sought in court.

6. TERM AND TERMINATION

6.1. Effective Date

The Client is considered to start using the eConfo Platform as of the date that the Client’s eConfo Account is registered, and the Client has access to the eConfo Platform subject to these Terms (“Effective Date”). Prior to the Effective Date, the Client’s use of the Website shall be controlled only by the Website Terms of Use and Privacy Policy provided on the Website, and upon the Effective Date this Platform Terms shall apply together with the Website Terms of Use and Privacy Policy. In case of conflict between these Terms and Website Terms of Use, these Terms shall prevail.

6.2. Term

The term of these Platform Terms means an original term and all renewal terms during which the Client is granted the right to access and use the eConfo Platform. These Platform Terms will remain in effect until terminated by you or us in accordance with the terms specified below.

6.3. Termination

Your right to terminate. You may terminate these Platform Terms at any time and for any reason with thirty (30) days prior written notice to us.

Our right to terminate. Subject to applicable law, we reserve the right, at our sole discretion, to suspend or terminate your access to some or all of our Services and the eConfo Platform at any time with or without notice, including if: (i)you breach these Platform Terms, our policies, or additional terms that apply to you; (ii) we reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties; (iii) we are required to do so by the requirements of any applicable law or to comply with a court order and the rules of legal procedure.

However, we will give you an advance notice of termination if it is reasonable to do so or required by applicable law.

We reserve the right to suspend or terminate your account if your eConfo account has been inactive for more than one (1) year.

Immediately upon expiration or termination these Platform Terms, your right to use the eConfo Platform and Services terminates automatically, and you will no longer have access to the eConfo Platform and Services.

Termination or expiration of these Platform Terms shall never result in an obligation for us to refund or return any payments you have made to us up until the moment of expiration or termination.

7. SERVICES “AS IS”

TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, OWNER, AND THEIR RESPECTIVE LICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE ECONFO PLATFORM AND SERVICES. THE ECONFO PLATFORM AND SERVICES ARE PROVIDED “AS IS.” OWNER AND PROVIDER DISCLAIM: (I) ALL REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE WEBSITE OR INFORMATION THEREON, THE ECONFO PLATFORM OR ITS SERVICES, OR OTHERWISE RELATING TO THIS PLATFORM TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; AND (II) ANY WARRANTY THAT THE ECONFO PLATFORM, SERVICES, OR WEBSITE WILL OPERATE UNINTERRUPTED, ERROR-FREE, OR THAT THE SERVERS ARE FREE OF VIRUSES, SPYWARE, MALWARE, OR OTHER HARMFUL COMPONENTS. FURTHER, OWNER AND PROVIDER MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE ECONFO PLATFORM, THE WEBSITE AND/OR ASSOCIATED SERVICES.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Provider, its affiliates, and its and their respective directors, officers, employees, contractors, agents, representatives, successor, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: (i) your use or misuse of the eConfo Platform and Services; (ii) your breach of these Platform Terms, including but not limited to your content you submit or make available through the eConfo Platform or related Services; (iii) any personal or property damage caused by you; (iv) any claim that our use of the Client Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you, (iii) any claim related to your advertising campaigns, including, without limitation, its conduct and content therein not attributable to us, or (iv) your engaging in any prohibited activity as specified in Section 3.2.

9. LIMITATION OF LIABILITY

PROVIDER, OWNER, ITS LICENSORS AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS WILL NOT, UNDER ANY CIRCUMSTANCE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THESE PLATFORM TERMS AND/OR THE USE OF THE ECONFO PLATFORM AND SERVICES PROVIDED BY PROVIDER, EVEN IF PROVIDER, OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, PROVIDER, OWNER AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS WILL NOT BE HELD LIABLE FOR ANY LOSSES OF ANY KIND THAT MAY RESULT DUE TO DOWNTIME AND/OR THE AVAILABILITY OF THE ECONFO PLATFORM AND SERVICES AND/OR ANY OTHER THIRD PARTY DOWNTIME.

THE MAXIMUM AGGREGATE LIABILITY OF PROVIDER (INCLUDING OWNER) TO THE CLIENT FOR ALL DIRECT DAMAGES ARISING FROM THE WEBSITE, THE ECONFO PLATFORM AND SERVICES WILL NOT EXCEED IN ANY EVENT THE TOTAL FEES PAID BY THE CLIENT TO PROVIDER HEREUNDER DURING THE 3-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

THE PROVIDER ISN’T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND/OR CLIENT OF OUR SERVICES.

THE INFORMATION PRESENTED ON OR THROUGH THE ECONFO PLATFORM, THE WEBSITE AND/OR SERVICES IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. PROVIDER OR OWNER DOES NOT CONFIRM THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, GIVEN BY OWNER OR PROVIDER THROUGH THE ECONFO PLATFORM, THE WEBSITE AND/OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN HER

10. OTHER IMPORTANT PROVISIONS

Changes and Updates to the Platform Terms. From time to time we may make changes and/or update these Platform Terms, including by way of additional terms or policies. We may notify you in writing of any material changes to our Platform Terms, including via email and pop-up notices on the Platform. You understand and agree that if you use the eConfo Platform after the date on which the Platform Terms have changed, we will treat your use as acceptance of the updated Platform Terms.

Relationship between Client and Provider. You and Provider are independent contractors, and nothing in these Platform Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. You will not make any statement, whether on your website or otherwise, that reasonably would contradict anything in this Section. The Client has no authority to make or accept any offers or representations on behalf of Owner or Provider

Notices. Any technical, administrative, or other general notices may be posted through the eConfo Platform or sent to your email addresses identified on the eConfo Platform. We may also assume that any notices or communications we have received from your eConfo Account or the associated contact information have been made by you.

Language and Machine Translation. Where other language versions of these Platform Terms exist, the English version will control. If any questions arise related to the accuracy of the information contained in the machine translation of these Platform Terms, you should refer to the English version of them which is the official version.

Severability and Waiver. If any provision of these Platform Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Platform Terms will continue in full force and effect. No waiver will be effective unless set forth in writing and signed by the Party charged with such waiver, and no waiver of any right arising from any breach will be deemed to be a waiver or authorization of any other breach or any other right arising under these Platform Terms.

Subcontracting. Owner and Provider shall be entitled to subcontract any third party for the purposes of operation and/or maintenance of the eConfo Platform and Website under these Platform Terms. Provider is entitled to subcontract third parties for provisions of support services under these Platform Terms, provided that provisions of such services will not involve significant modifications to core features related to the eConfo Platform and Website.

Assignment. Client shall not be entitled to assign or transfer its rights and obligations under these Terms to a third party, whether in whole or in part, without Provider’s prior written consent. Provider shall be entitled to assign its rights to any third party, at its sole discretion, provided that such third party undertakes to comply with our obligations to you under these Platform Terms.

Survival. All provisions of these Terms which by their nature shall be intended to continue shall survive termination, including terms relating to exclusions and limitations of Owner’s and Provider’s liability, intellectual property restrictions and reimbursement of damages.

11. CONTACTING EACH OTHER

If you have any questions or concerns about these Platform Terms or the eConfo Platform and Services, please contact us via email at info@econfo.com.

We may send you electronic communications related to the eConfo Platform and Services. Before sending you direct marketing messages, we will get your consent, where requirements so dictate, and make it easy for you to opt-out.

We welcome feedback, comments, and suggestions to improve the eConfo Platform and our Services. You can leave a review by emailing us at info@econfo.com. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.