Terms of Service

Effective Date: September 7, 2024

Welcome to Inkubater ("we," "us," "our"). These Terms of Service ("Terms") govern your use of our website, www.inkubater.com ("Website"), and any related services provided by Epoch Ecommerce LLC, including email marketing, consulting, and other services (collectively, the "Services"). By accessing or using our Website and Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or Services.

1. Acceptance of Terms

By accessing or using the Website and Services, you represent that you are at least 18 years old or have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Services Provided

Inkubater provides email marketing, lead generation, and consulting services as described on our Website. We reserve the right to modify, update, or discontinue any part of the Services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

3. User Responsibilities

When using our Website and Services, you agree to:

  • Provide accurate and complete information when submitting forms or creating an account.
  • Use our Website and Services only for lawful purposes.
  • Not engage in any conduct that could harm our Website or Services, including introducing viruses or malicious code, attempting to hack or disrupt the site, or engaging in any fraudulent activity.
  • Comply with all applicable laws and regulations, including data protection laws.
  • You are responsible for ensuring that the information and materials you provide to us (including email addresses for email marketing) comply with all applicable laws and do not infringe on the rights of any third parties.

4. Account Registration

To access certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Payments and Fees

Certain Services may require payment. You agree to pay all applicable fees and charges in accordance with the terms set forth at the time of purchase. Payments must be made through the methods available on our Website. All fees are non-refundable unless otherwise stated.

We reserve the right to change our pricing at any time, but we will notify you in advance if there are changes to any ongoing subscription or service fees.

6. Intellectual Property

All content, trademarks, logos, designs, text, graphics, and other materials on our Website and Services (collectively, "Content") are the intellectual property of Inkubater or our licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, and non-transferable license to use the Content solely for your personal or business use in connection with the Services. You may not copy, distribute, modify, or create derivative works from any Content without our express written permission.

7. Third-Party Links

Our Website may contain links to third-party websites that are not owned or controlled by Inkubater. We are not responsible for the content, privacy policies, or practices of any third-party websites. You access any third-party websites at your own risk, and we encourage you to review their terms and policies.

8. Limitation of Liability

To the fullest extent permitted by law, Inkubater and its affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of your use of or inability to use the Services or any content, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising from these Terms or your use of the Services will be limited to the amount paid by you, if any, for accessing the Services during the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Inkubater, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

10. Termination

We reserve the right to terminate or suspend your access to our Website and Services at our sole discretion, without prior notice or liability, if you breach these Terms or engage in any conduct that we deem harmful to our business or users.

You may terminate these Terms at any time by ceasing to use our Services and Website. Upon termination, any provisions of these Terms that by their nature should survive will remain in effect, including provisions related to intellectual property, limitation of liability, indemnification, and governing law.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or your use of the Services will be resolved in the state or federal courts located in Idaho, and you consent to the exclusive jurisdiction of those courts.

12. Changes to These Terms

We may update these Terms from time to time. Any changes will be effective immediately when posted on this page, and the updated date will be reflected at the top of the Terms. Your continued use of the Services after the posting of revised Terms constitutes your acceptance of the changes.

13. Contact Information

If you have any questions or concerns about these Terms or our Services, please contact us at:

Inkubater
Epoch Ecommerce LLC
25 SE 2nd Ave, Ste 550, Miami, FL, 33131
Email: hi@inkubater.com

Acknowledgment

By using our Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.