1. Introduction

Welcome to Epikpad. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and BAYAHRO LIMITED LIABILITY COMPANY ("Epikpad," "Company," "us," "we," or "our"), a company based in Poland. By accessing or using our platform and services (collectively, the "Services"), you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services provided through www.epikpad.com.

2. General

These Terms govern your use of Epikpad’s Services. Additional terms and policies may apply to certain features of the Services, including the Privacy Policy and specific investment agreements. By using the Services, you accept these Terms in full. Any inconsistency between these Terms and additional terms will be resolved in favor of these Terms unless otherwise explicitly stated.

2.1 Platform Accessibility

Epikpad provides the Services "as is" and "as available," and does not guarantee that the features and functionalities offered will meet your expectations. Your access to and use of the Services are entirely at your own risk, and you are responsible for any consequences arising from their use. Epikpad disclaims liability for any direct or indirect consequences of such usage. The platform is designed to facilitate access to project tokens but makes no representations or warranties regarding their quality, suitability, or legal compliance.

2.2 Service Limitations and Modifications

Epikpad reserves the right to limit, restrict, or terminate access to its Services for any user at its sole discretion, including but not limited to reasons of security, maintenance, legal compliance, or Terms violations. Additionally, Epikpad may assign its rights or obligations under these Terms without prior notice. However, users may not transfer or assign their rights or obligations without written approval from Epikpad. These Terms do not confer rights on any third party.

2.3 Third-Party Links and Services

The website may include links to external services or websites. These links are provided for convenience and do not imply endorsement or responsibility by Epikpad for the content or functionality of third-party services. Users interact with external services at their own risk, and Epikpad is not liable for damages or losses resulting from such interactions.

2.4 Independent Decision Making

Epikpad functions solely as a technical platform and does not act as a broker, agent, or advisor. All decisions regarding the use of the Services are made independently by users. Before purchasing tokens or conducting transactions on the platform (www.epikpad.com), users are advised to consult independent financial, legal, or tax advisors. Epikpad disclaims any fiduciary duty or liability for users’ decisions or losses incurred.

3. Right to Use the Website

Epikpad grants you a limited, non-exclusive, non-transferable right to access and use the website (www.epikpad.com) and its Services solely for personal or internal business purposes. Your use must comply with all applicable laws and these Terms. Any unauthorized use of the website is strictly prohibited. You must not misuse the platform by introducing malicious software, hacking, or any form of cyber-attacks. Breaches may result in immediate termination of your account and potential legal action.

4. Service

Epikpad provides a blockchain-based platform for fundraising and investment opportunities. Key features of our Services include:

• Investment Services: Our platform facilitates capital raising for projects and enables verified investors to participate in these opportunities. Users must meet eligibility requirements as per applicable law and Epikpad’s internal policies.
• Wallet Integration: To ensure secure transactions, we utilize MetaMask wallets. Users are responsible for managing their wallets and ensuring they adhere to Epikpad’s wallet policies.

For detailed guidelines about each Service, refer to specific documentation provided during use.

5. Governing Law

These Terms are governed by and construed in accordance with the laws of Poland. Any disputes arising under or related to these Terms will be resolved exclusively in the courts of Poland. However, in specific cases, arbitration may be used as outlined in Section 9.

6. Intellectual Property Rights

All content, trademarks, logos, and materials provided on the website, including software, design, text, graphics, and interactive features, are owned by Epikpad or its licensors. You may not copy, modify, distribute, or exploit this content for any purpose without prior written consent. Any misuse will be subject to legal action.

7. Risks

By using the Services, you acknowledge and accept the following risks:

• Market Risk: Digital assets are subject to high volatility and may result in partial or total loss of funds.
• Regulatory Risk: Changes in regulatory frameworks may affect the legality, value, or functionality of certain assets or Services.
• Operational Risk: Epikpad relies on technology, which is susceptible to technical failures, cyberattacks, and other operational disruptions.

Epikpad does not guarantee the success of any project or investment listed on the platform. Users should conduct thorough due diligence before participating in any opportunities.

8. KYC Verification

Epikpad requires all Users participating in investment activities to complete a Know-Your-Customer (KYC) verification process. We partner with useB, a third-party KYC service provider, to facilitate this process. Users must agree to share their personal information with useB for verification purposes. Once verified, relevant data will be securely transmitted to Epikpad for compliance and account management.

• Accuracy of Information: Users are responsible for ensuring all information provided during the KYC process is accurate and up-to-date. Failure to do so may result in suspension or termination of your account.
• Privacy and Security: Epikpad handles all KYC data in compliance with applicable data protection laws, including GDPR. For more information, refer to our Privacy Policy.
• Third-Party Terms: By engaging in the KYC process, you agree to adhere to useB’s terms of service and privacy policy.

9. Resolution of Disputes

In the event of a dispute, the parties agree to attempt to resolve the matter amicably through mutual discussion. If a resolution cannot be reached, the dispute will be referred to binding arbitration conducted under Polish law. Arbitration proceedings will take place in Warsaw, Poland and will be conducted in the English language.

10. Jurisdictional Restrictions

Access to certain services or features of the Epikpad platform may be restricted for citizens, residents, permanent residents of the United States, and other specific jurisdictions (e.g., Singapore). Users are responsible for verifying the legal requirements of their jurisdiction and acknowledge that Epikpad is not liable for any issues arising from violations of such requirements.

11. Indemnification

You agree to indemnify and hold harmless Epikpad, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, or expenses arising from your use of the Services, your breach of these Terms, or any violation of applicable law.

12. Waiver

Epikpad’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and explicitly agreed upon by both parties.

13. No Representations and Warranties by the Company

Epikpad provides the Services on an "as is" and "as available" basis. We make no guarantees regarding the accuracy, reliability, or completeness of the Services. All warranties, whether express or implied, are disclaimed to the fullest extent permitted by law.

14. Limitation of Liability

To the maximum extent permitted by law, Epikpad shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Services.

15. Force Majeure

Epikpad shall not be held liable for delays or failures in performance caused by circumstances beyond our reasonable control, including natural disasters, cyberattacks, government actions, or technical disruptions.

16. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.

17. Termination

Epikpad reserves the right to suspend or terminate your access to the Services at its sole discretion without prior notice if you breach these Terms or engage in activities deemed harmful to the platform.

18. Changes to the Terms

Epikpad may update these Terms from time to time. Material changes will be communicated via email or posted on the website. Your continued use of the Services after such changes constitutes acceptance of the revised Terms.