Effective as of 21 June 2020.
This Terms and Conditions document represents a legally binding agreement between you and Epiphany (PTE. LTD.) By interacting with our website or our services, you agree to be bound by the terms of this agreement. Please read carefully this Terms and Conditions document and keep a copy of it for your reference.
If you do not agree with (or cannot comply with) the terms and conditions set forth below, do not use or access our services.
These Terms and Conditions do not interfere with any obligation or authorization provided in any other agreement concluded between you and Epiphany. Provisions of any individual agreement between you and Epiphany supersede provisions from these Terms and Conditions.
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions. Defined words can be recognized throughout this document by the capitalized first letter.
1.2 Titles and headings provided in these Terms are for convenience and ease of access only and they will not affect the interpretation of the Terms.
1.3 Terms and abbreviations not defined in this section shall have the usual meaning unless the context otherwise requires.
1.4 Insofar where Epiphany is requested to process personally identifiable information about EU data subject on your behalf, such processing is regulated by our Data Processing Agreement ("DPA") available here. DPA is executed together with these Terms and represents an integral part of the Terms.
(A) Eligibility
2.1 By using our Services, you confirm that you:
If you are interacting with the Platform on behalf of a legal entity, you further confirm that:
2.2 The Platform or some of its parts may be accessed globally and we may not control who uses the Platform, so it is upon you to assess whether using the Platform complies with your local laws and regulations. If any part of the Platform is not compatible with your local laws, you agree to stop using the Platform. Some Services may not be available in your region and you agree to abide by such limitation.
(B) Scope of the Services
2.3 Epiphany is a discovery Platform that helps you organize, analyze, and act on insights from qualitative user feedback. We are continually improving our Platform and we may from time to time add, remove, amend or upgrade our Services. Full list and description of Services is available on the Platform.
2.4 Some Services require an active account or are subject to payments. Some accounts may have a different level of access rights decided by the account administrator. You may register an account with Epiphany through the completion of the appropriate registration process.
2.5 Epiphany cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Epiphany cannot and does not guarantee that its Services will be operational 100% of the time.
Services may be down for:
(C) Registration
2.6 When registering on our Platform or otherwise interacting with the Platform, Users are required to provide true, accurate, current and complete information about themselves as prompted by the registration process.
You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Platform or parts of it.
We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.
2.7 You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.
(D) Acceptable Use Policy
2.8 You agree that you will not misuse our Platform. A “misuse” is any use, access or interference with the Platform contrary to these Terms, our Privacy Policy and applicable laws and regulations.
We can, in our sole discretion, suspend or terminate access to all or parts of the Platform to any User, without prior notice or need to deliberate on reasons for such measure.
We reserve the right to deny Services to anyone at any time. During your use of our Platform, you will especially not, without limitation, do anything of the following:
(E) Contact
2.9 If you provide us with your e-mail address, we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them.
You may opt-in to receive e-mails about news, promotions, special offers and or other topics of interest related to the Epiphany and our affiliates (Promotional e-mails).
You may choose to stop receiving these Promotional e-mails at any time by following the instructions contained in Promotional e-mails.
2.10 If you have any question or suggestion you can contact us at support@getepiphany.com.
(A) Proprietary Rights
3.1 All Intellectual Property rights connected to the Platform and Content are the sole property of Epiphany, or are used under appropriate licenses or permissions. Nothing in these Terms shall be understood or intended for transfer of such intellectual property rights to you or any other Third-Party.
3.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform provided by Epiphany. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Platform; distribute, transfer, sublicense, lease, lend or rent the Platform to any Third-Party; reverse engineer, decompile or disassemble the Platform; or make the functionality of the Platform available to multiple users through any means. Nothing in these Terms shall give to the User or any other person any right to access or use the source code or constitute any license of the source code. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Platform or any Service to which it connects, with or without notice and without liability to you.
3.3 The Platform or parts of it may be made available or accessed in connection with Third-Party services and content (including advertising) that Epiphany does not control. You acknowledge that different terms and policies may apply to your use of such Third-Party services and content. In no event shall Epiphany be responsible or liable for any content or services of such Third-Party providers.
(B) Confidential Information
3.4 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to Epiphany and Epiphany may disclose certain Confidential Information to the users. Regarding such information both parties hereby agree
(C) Notification of Infringement
3.5 If you believe that your work has been copied in a way that constitutes copyright infringement, or your Intellectual Property rights have been otherwise violated, please provide us the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Platform;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
3.6 This information should be sent to our email address support@getepiphany.com with a subject “Copyright infringement notice”.
(D) Feedback and Suggestions
3.7 If you provide us with any suggestions, comments or other feedback relating to the Epiphany Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Epiphany, even after this Agreement is terminated.
By providing such Feedback to Epiphany, you acknowledge and agree that it may be used by Epiphany in order to:
In addition, you (1) represent and warrant that such Feedback does not infringe on any third party rights; (2) irrevocably assign to Epiphany any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
(E) User Generated Content
3.8 If Users provide content through the Platform, they grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Platform.
Whenever Users upload User Generated Content, they warrant that they have the right to do so and to grant us the necessary licenses as described herein.
Users remain the owners of any Intellectual Property Rights that they have on the User Generated Content that they provide. Epiphany does not have interest in becoming the owner of such Unser Generated Content and Epiphany will only use such User Generated Content for provision of requested Services.
3.9 We do not monitor User Generated Content. Users agree to inform us immediately if they come across any illegal activity, activity that is in breach of these Terms, or activity they suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable.
Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to Third-Parties, we do not pre-screen the content, so Users hereby agree that they use the Platform and the Services at their own risk.
We reserve the right to remove any Content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasons for such action.
Users recognize and agree that Epiphany bears no obligation regarding the risk, harm, damage, or loss that might occur from Content submitted to or distributed on the Platform. Users further understand that by providing their Content online, other people will have access to such Content, and they will be able to copy, share or otherwise interact with such Content. If Users do not want their Content to be used as described the only remedy is to not share such Content.
4.1 Use of Services may be subject to applicable fees as displayed on the Platform. Unless otherwise specified on the Platform all prices are shown exclusive of VAT and other applicable taxes. If the Service is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any order placed for Services listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancellation.
4.2 When registering on the Site, you can choose the method of payment. If you are paying by credit card, you must provide valid and current information necessary to process the payment. You agree and authorize us to charge your credit card for all fees payable during your use of our Services.
4.3 We reserve the right to amend the prices or to institute new fees at any time without notice and notice period. New or changed fees will be applicable from the moment of publishing the changes on the Platform.
4.4 If the services are provided as a subscription, the subscription period you choose will automatically renew at the end of the current subscription period for the same duration recurring until auto renewal option is disabled or the payment does not go through. Subscription fee for the renewed subscription period will be calculated in accordance the prices that were in effect fifteen (15) days prior to the expiry of the current subscription period.
If you wish to stop using paid Services, you may discontinue automatic renewal option in your User account before the expiry of the current subscription period. You may not cancel the subscription period you already paid for.
We do not offer any refund in case you want to cancel your use of the Services. If you want to discontinue using our Services you may do so only by turning off auto renewal, in which case you will be able to use the Services until the end of the current subscription period.
4.5 You may at any time choose to upgrade or downgrade the number and type of Services in your current active subscription. Subscription downgrade will take effect from the next subscription renewal. Subscription upgrade will take immediate effect pursuant to payment of the appropriate fees on a pro-rata basis.
4.6 When you register for the Services for the first time, we may offer you a free trial period for using the Services without any charge. After the expiry of the trial period we will automatically charge the payment method you provided for the continuation of the use of the Services as explained in the Terms. If you switch from free trial to paid Services before expiry of the free trial period, you forfeit unused portion of the free trial.
5.1 Epiphany complies with the European Union regulation for processing of personally identifiable information and we aim to comply with the highest technical and organizational standards for sensitive data handling.
5.2 You can find more information about how we handle information about you in our Privacy Policy. If you have any questions about your rights or our privacy practices, please contact us at support@getepiphany.com.
6.1 The effective date of these Terms is indicated in the heading of the document. The Terms become applicable from the moment of your first access to the Platform and remain to be applicable until you delete your account, stop using the Platform or any part thereof.
6.2 We may terminate your access to the Platform at any time with or without reason and without notice. We may also suspend your account and prevent you from registering a new account if you breached these Terms.
6.3 You may terminate this Agreement at any time by deleting your account and ceasing your use and access of the Platform.
6.4 Upon termination all provisions of this Agreement shall cease to have effect between Epiphany and you, except that any provision which can reasonably be inferred as continuing, or is expressly stated to continue, shall continue in full force and effect. Upon termination of this Agreement, User will not be able to use the Services. If the Agreement is terminated due to the breach of these Terms, we may immediately delete any User Generated Content on the Platform. If the Agreement has been terminated, User shall be liable to pay to Epiphany any outstanding fees due for payment immediately. Epiphany shall not be responsible for any damage caused by the termination of this Agreement.
6.5 Upon expiry of your subscription you will be able to download your User Generated Content within 30 days from the expiry. After this period, we may delete your User Generated Content at any time without any liability to you or any Third-Party.
You will indemnify and hold harmless Epiphany, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Platform or your violation of these Terms.
8.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE EPIPHANY SERVICE IS TO STOP USING THE EPIPHANY SERVICES.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EPIPHANY, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE EPIPHANY SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, EVEN IF EPIPHANY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL EPIPHANY’S AGGREGTATED LIABILTY EXCEED THE AMOUNT YOU PAID EPIPHANY, IF ANY, THE PAST ONE MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8.3 Epiphany, its employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Platform, or any errors, in or omissions from such information.
Epiphany is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Platform, nor caused by the delay, malfunction of the operation or the availability of the Platform.
Although we strive for accuracy in the Content we provide through the Platform, we do not make any guarantee or representation as to the exactness and the accuracy of such Content.
9.1 The information provided through the Platform is provided solely for informational, educational, or entertainment purposes. Epiphany is not a financial or legal adviser. Epiphany makes no representations, warranties, or guarantees, express or implied, regarding the results that may be obtained through the use of the Platform.
Nothing displayed on the Platform or provided through the Platform may be interpreted as a promise or a guarantee of any kind, regarding your potential earnings or specific results. Before making any financial decisions Epiphany recommends that you obtain additional information and advice of accountants or other financial advisers.
10.1 Epiphany may make changes or replace our Terms at any time. We will post such changes, replacements and updates on the Platform and inform you via email where possible prior to changes being effective, and such change, replacement and update to our Terms will take effect immediately upon publishing on the Platform.
You are consenting to keep yourself up to date with the latest posted Terms and you accept and are bound by such change, replacement and update if you access or use our Platform after we have published the new Terms. These Terms apply regardless from which device or operating system you access our Platform.
11.1 This Agreement shall be governed by and construed under the laws of Singapore, without regard to its conflict of law provisions, and excluding the UN Convention on Contracts for the International Sale of Goods. You agree that if you have any dispute with Epiphany you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts in Singapore.
12.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
12.2 Any failure to exercise or enforce any right or the provision of this Agreement shall not constitute a waiver of such right or provision.
12.3 Neither Party may assign or transfer any right or obligation under this Agreement to a third-party without obtaining prior written consent, except to the successors in the event of merger, sale, or liquidation of the Party.
12.4 These Terms represent an entire agreement between you and Epiphany regarding the use of Epiphany Platform. Any subsequently executed agreement between the Parties shall take precedence over this Agreement.