Escargo.io TERMS OF USE

1. GENERAL

Welcome to Escargo.io, the website and online service of Escargo.io Inc. ("Escargo.io" , "we", or "us"). These Terms of Use ("Terms") are the terms by which you may use our online services, website, software, and offline services provided on or in connection with the service (collectively the "Service").

These Terms and the agreement thereto, applies to all visitors, and users of the Service, as well as the Privacy Policy and any other Escargo.io policies you are provided from time to time. All those who access the Service shall classify as users ("Users") irrespective of whether they are approved to participate in the Service. Users are typically referred to as "Brand" or "Agency Talent". Brands or Agency Talent refer to those types of Users irrespective of whether they have been approved as a “User”. Even if you deactivate your Escargo.io account, you may still be classified as a User for a certain period of time after your account is deactivated, as described in these Terms.

The use of the Service, either by access to the Service by you or a representative of your company, or the process whereby a User registers on behalf of a company, shall be intended to also bind that company to these Terms, as though the company itself was also a User. For the purpose of the Terms, the registration of a company shall classify that company as a User and bind it to the terms referred to herein. An individual accessing the Service as a User shall also have the requisite authority to act on behalf of the company that it is registering on behalf of, and shall not continue any further on the Service should the individual not possess that requisite authority. The use of the term “You” or “Your” within these Terms and throughout the Service shall also apply to the company whom you are representing.

BY ACCESSING OR USING THE SERVICE THROUGH ANY DIRECT OR INDIRECT MEANS, CLICKING ANY SUBMISSION BUTTON OR CREATING AN ACCOUNT, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, WHICH FORM A CONTRACT BETWEEN YOU AND ESCARGO.IO. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND ANY COMPANY THAT YOU REPRESENT IN USING THE SERVICE, AND UNDERSTAND THAT THE COMPANY THAT YOU REPRESENT SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TERMS AND FOR A BREACH OF THIS AGREEMENT BY ANY OF ITS REPRESENTATIVES. YOU ALSO CONSENT TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE ESCARGO.IO PRIVACY POLICY, WHETHER OR NOT YOU ARE AN APPROVED OR REGISTERED USER OF OUR SERVICE.

The Terms shall also incorporate by reference all agreements and policies referred to herein, including the Escargo.io Privacy Policy and other policies displayed by Escargo.io or provided to you from time to time. If you are based outside of the United States, you consent to Escargo.io storing, transferring and processing your information (including your personal information and content) in and out of the United States.

In using the Service, you agree that, in addition to these Terms, you will use the Service in accordance with all applicable laws and regulations.

Escargo.io may, in its sole discretion, modify or update these Terms, the Privacy Policy and any other policies from time to time, and so you should review this page, and those additional pages, on a frequent basis. When we change the Terms in a material manner, we will update the ‘Last Updated’ date on this page. Your continued use of the Service after any such change constitutes your acceptance of the revised Terms. If you do not agree to these Terms or any future Terms, do not use or access (or continue to access) the Service.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR className ACTIONS.

2. THE ESCARGO.IO SERVICE

2.1 How the Service Works

  1. Connection of Brands and Agency Talent: Escargo.io connects Brands and their projects ("Projects") with Agency Talent. A Project is defined as either (i) a brief posted to the Service, or (ii) any work undertaken between a Brand and Agency Talent following an "introduction" (defined herein). The Service requires approval to register and participate. Projects are not automatically approved. Agency Talent must also apply to participate in the Service and cannot participate until approved by our Escargo team.
  2. Project Engagement: Once approved, Agency Talent will be eligible to view project briefs and given the opportunity to express interest in undertaking work for Brands. However, there is no obligation on a Brand to accept a Proposal or to engage with any Agency Talent.
  3. Use of Bespoke Brief Builder: The Bespoke Brief Builder is a tool available to Brands to help articulate and define their project requirements more clearly. This tool guides Brands through a structured process to create a comprehensive brief, which can then be posted as a Project on the Service. The aim is to provide Agency Talent with clearer insights and guidelines, enhancing the matchmaking process.
  4. Responsibility and Ownership of Briefs: While Escargo.io provides the tools to assist in creating these briefs, the final content, accuracy, and completeness of the briefs are the responsibility of the Brands. Brands must review and confirm all details of their briefs before posting them to ensure they accurately reflect their project needs.
  5. Accessibility of Briefs: Briefs created using the Bespoke Brief Builder are accessible to approved Agency Talent once they are finalized and posted by the Brand. This enables Agency Talent to better understand the project scope and requirements before expressing interest.

2.2 What Escargo.io Does

  1. Service Operation: We operate the online and offline features of the Service. As the administrator of the Service, we facilitate interactions and transactions on the platform, ensuring a smooth operational experience for all Users.
  2. Introduction Facilitation: We facilitate introductions between Brands and Agency Talent. Participation in the Service as a User is at Escargo.io’s sole discretion, which ensures that all participants meet our quality and reliability standards.
  3. Bespoke Brief Builder: Escargo.io offers a bespoke brief building service designed to assist Brands in crafting detailed and tailored briefs for their projects. This service allows Brands to specify their project needs and requirements through a structured, step-by-step process. The resulting brief serves as a foundational document to help Agency Talent understand and respond to the project's demands effectively.
  4. Use of Bespoke Briefs: The bespoke briefs generated through our Service are intended to facilitate clear and precise communication between Brands and Agency Talent. Brands are encouraged to review and approve these briefs before they are made available to Agency Talent. Once a brief is finalized and approved by the Brand, it can be used to solicit proposals from Agency Talent within the Escargo.io marketplace.

2.3 What Escargo.io Does Not Do

  1. No Representations or Endorsements: We do not make any representation (either express or implied) as to the suitability, reliability, capability, or qualifications of Agency Talent for a particular Project. We do not endorse or make specific recommendations about Agency Talent or Brands. Our role is solely to facilitate the availability of information about these Users.
  2. No Contract Negotiation: We do not negotiate contracts, statements of work, service agreements, or other final project details and specifications. These are matters for Users to negotiate amongst themselves.
  3. Non-Participation in Projects: We do not participate in the execution of work on your Project. We are not a party to nor do we have any liability with respect to any agreement between a Brand and Agency Talent. We do not provide services to supervise or manage your project through Escargo.io. We have no control over Brands or Agency Talent, nor the work promised or rendered through any relationship between Users.
  4. Non-Agency Relationship: Escargo.io is not an agent for Brands or Agency Talent.
  5. Bespoke Brief Builder Limitations: While the bespoke brief builder is a tool designed to aid in the creation of comprehensive and structured briefs, Escargo.io does not guarantee the accuracy, completeness, or appropriateness of any content generated through this tool. The responsibility for reviewing, approving, and using the content of the briefs rests solely with the Brands. Escargo.io is not responsible for any decisions or actions taken by Agency Talent or Brands based on the briefs created using the bespoke brief builder. Our service does not include verifying the validity or factual accuracy of the information inputted into the brief builder or generated by it.

2.4 You Acknowledge and Agree

  1. Escargo.io reserves the right to select Agency Talent to submit Proposals, and also to forward any Proposals to you.
  2. We are not responsible for who you select and contract with to undertake work on your Project, or which Brands and Projects you submit Proposals to.
  3. Any agreement between you and another User or party which seeks to alter or modify these Terms must be agreed to in writing by Escargo.io.
  4. The Service is a place where Brands and Agency Talent can connect and also to create bespoke project briefs.
  5. Escargo.io is not a party to any contract you may enter into with another User and Escargo.io shall not have any liability or obligations whatsoever under such contracts.
  6. Escargo.io disclaims all liability for any unintended disclosure or leak of sensitive information included within any briefs. By using our services, you agree that Escargo.io will not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the disclosure or leakage of such information.

2.5 Our Requirements of Agency Talent

Among other items in these Terms, and the Required Terms (defined herein) we require that Agency Talent Users, and if you are an Agency Talent User, you agree to only:

  1. Undertake Projects that do neither present a conflict of interest nor breach any duty that you have to existing Brands, service providers or other parties.
  2. Undertake Projects that require skills in which you are proficient, experienced with and have the requisite knowledge to complete to the standard agreed between you and the Brand.

3. ELIGIBILITY TO ACCESS THE SERVICE

3.1 User Eligibility

In order to be eligible to use the Service, you:

  1. Must be capable of forming legally binding contracts in the jurisdiction in which you are using the Service;
  2. Shall provide us with accurate information to create an account, including your name and contact information, as well as company information;
  3. Represent and warrant that your company is not doing a business in a country where use of the Service is prohibited by law in your jurisdiction;
  4. Represent and warrant that your company is not a citizen of, or doing business in, a country or region subject to US or other sovereign country sanctions or embargoes;
  5. Must not be associated or doing business with any person or entity identified by law, including US Government lists such as the US Department of Commerce Denied Persons or Entry List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List, or otherwise ineligible to receive items subject to US export control laws and regulations, or other economic sanction rules of any sovereign nation;
  6. Confirm that you are not prohibited to participate in the Service by any contract (such as employment, confidentiality, service, or non-disclosure agreements) or any similar obligations.

Despite the foregoing, participation in the Service shall at all times be at the sole discretion of Escargo.io. If you or your company’s User account was previously deactivated by Escargo.io, you are no longer permitted to, and must not use the Service without the written authorization of Escargo.io.

3.2 User Verification

Escargo.io reserves the right to validate your identity, eligibility and account information at any time. Failure to provide Escargo.io with evidence to verify your account within a timeframe requested by Escargo.io may result in the suspension or cancellation of your account.

3.3 Company Information

By registering with the Service, you consent to us displaying your company’s details in the Service. You also consent to us displaying your company’s name, logo and other relevant information within the Service. The fact that your company is using the Service is not confidential information and you consent to it being disclosed to other Users, and in promotional materials advertising Escargo.io and the Service, including the use of your company name and logo for these purposes. Escargo.io shall not require additional consent to use your company name and logo for the purposes outlined above.

4. TERM

Your continued access and use of the Service signifies your acceptance of these Terms, and shall continue through the maintenance of an account through the Escargo.io website. Either Escargo.io or a User may terminate the Terms at any time, for any reason, effective immediately, upon written notice to the other party, or by deactivating or suspending your account. Despite such termination, any agreements that exist between a Brand and Agency Talent shall remain unaffected by your no longer maintaining an account on the Escargo.io website.

Deactivation or suspension of your Escargo.io account or notice of termination of the Terms shall not relieve you of your obligations with respect to non-circumvention of the Service and payment obligations as set forth in these Terms, as well as any obligations that you owe to Escargo.io which are intended to survive beyond termination of the Terms.

5. PAYMENTS

5.1 Using the Service

  1. No Fees for Brand Access: Registration and general access to Escargo.io are provided at no cost to Brand Users.
  2. No Fees for Bespoke Brief Builder Usage: The use of Escargo.io's Bespoke Brief Builder is provided at no additional cost to all registered users. No fees will be charged for accessing and utilizing this feature to create, customize, or submit creative briefs through the Escargo.io platform.
  3. Agency Talent Access Fees: Agency Talent Users are required to pay fees ("Fees") to access the Project Marketplace. These Fees facilitate the ability of Agency Talent Users to express interest in projects posted by Brand Users.

As a part of the Agency Talent Access, you and your company agree to pay the Fees in accordance with the Terms, and agree that they are fair and reasonable. All fees are non-refundable.

5.2 Agency Talent Access Fees and Payment

The following Fees are payable to Escargo.io, comprising the “Agency Talent Access Fees”:

  1. Recurring Fee Structure: Agency Talent Users are required to pay a recurring monthly fee for access to the Escargo.io Marketplace. This fee grants continued access to the marketplace and the ability to interact with Brand Projects. All fees are payable in advance and are non-refundable, except as expressly provided in these Terms.
  2. Payment Method: The Monthly Fee will be automatically charged to the credit card on file every month on the anniversary date of the initial registration. It is the responsibility of the Agency Talent User to ensure that all credit card details are kept current and valid.
  3. Overdue Payments: If any fee is not paid by the due date, access to the Service may be suspended immediately until all outstanding payments have been processed. In addition to the suspension of services, Escargo.io reserves the right to impose a late fee of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is more.
  4. Collection of Overdue Fees: In the event of prolonged non-payment, Escargo.io may engage collection agencies to recover the unpaid fees. The Agency Talent User will be responsible for all costs incurred by Escargo.io in the collection of overdue fees, including, but not limited to, collection agency fees, reasonable attorney’s fees, and arbitration or court costs.
  5. Non-Payment: In the event a payment is declined, access to the Escargo.io Marketplace will be immediately suspended until payment is successfully processed. Continued failure to settle the Monthly Fee may result in termination of the Agency Talent User's account.
  6. No Refunds or Credits: All fees paid are non-refundable. No refunds or credits will be provided for partial months of service or refunds for months unused with an open account. By subscribing to the services, Agency Talent Users acknowledge and agree that no refunds will be issued under any circumstances.

7. WARRANTY DISCLAIMER

Escargo.io facilitates the provision of options for Projects, Proposals, Brands and Agency Talent. Those options are by no means exhaustive as to what exists in the market that you operate within.

We do not:

  1. Decide who you should work, partner or undertake a Project with.
  2. Make any decisions relating to agreements that you enter into.
  3. Have any role to play in the execution of work relating to your project.
  4. Make representations as to the suitability of our technology or the connections made herein, for you, your business or your project’s needs.
  5. Take into account any Brand or Agency Talent’s individual circumstances when providing the Services.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. NOTHING IN THE SERVICE CONSTITUTES PROFESSIONAL OR OTHER ADVICE, NOR ADVICE IN RELATION TO THE SUITABILITY OF A BRAND OR AGENCY TALENT OR ANOTHER PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ESCARGO.IO, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT WE WILL PRESERVE OR MAINTAIN USER INFORMATION WITHOUT LOSS; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

ESCARGO.IO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ESCARGO.IO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY PROJECT OR OTHER WORK BETWEEN BRANDS AND AGENCY TALENT OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. THROUGH YOUR USE OF THE SERVICE, YOU MAY HAVE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH USERS AND THIRD PARTIES. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY PRODUCTS OR SERVICES OFFERED BY ANY USER OR THIRD PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE AND/OR SERVICE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH PRODUCTS AND SERVICES AND YOU. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, WITH ANY USER OR THIRD PARTY AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A USER OR THIRD PARTY IS PROVIDED SOLELY BY SUCH USER OR THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

The Service is controlled and operated from facilities in the United States. Escargo.io makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own discretion and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

The Service may be subject to delays, limitations and other problems relating to the use of internet and electronic communications. Escargo.io is not responsible for any delays, delivery failure or other damages whatsoever resulting from such internet, technology or electronic communications problems.

8. SERVICE CONTENT AND PROPRIETARY RIGHTS

8.1 User Content

The Service allows Users to post content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Escargo.io has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to post User Content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) may constitute or contribute to a crime or tort; (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (h) contains any information or content that you know is not correct and current.

You also must not:

  1. Undertake any conduct which interferes with or disrupts the operation of the Service, or the businesses of Brands and Agency Talent;
  2. Uses the information or details of other Users in a manner not expressly authorized by those Users, or the Service;
  3. Copy, collect, save information about other Users except for the purpose of completing a specific Project;
  4. Sell, redistribute, or use information you access through the Service for a commercial purpose without the prior written consent of Escargo.io;
  5. Market goods or services directly to other Users in a manner not contemplated by these Terms;
  6. Introduce any malicious code or other program (including viruses, Trojan horses or worms) which may damage the Service, or the computers or services of another User or third party;
  7. Stalk, harass or otherwise intimidate anyone;
  8. Breach the trademark, copyright, patent or intellectual property rights of any party;
  9. Make any misleading or deceptive statement, act, or omission through the Service or otherwise;
  10. Impersonate anyone or create a fictitious person or pseudonym/alternate identity;
  11. Attempt to disassemble, decompile, decipher or otherwise reverse engineer the Service (including any software or code comprising the Service);
  12. Link any external website through your User Content or any Project or Proposal, or any other feature of the Service, unless we have otherwise given you our prior written consent.
  13. Undertake any activity which is considered, or is similar to, spam, unsolicited mass email; and
  14. Distribute or publish any content, information or part of the Service on any publicly accessible electronic network, including any online (world wide web/internet) site, social media site, or any broadcast or publicly available forum.

You agree that any User Content that you post does not and will not violate third party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Escargo.io reserves the right, but is not obligated, to reject and/or remove any User Content that Escargo.io believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

Escargo.io does not, nor are we under any obligation or duty to you or anyone else, to review, consider, monitor, evaluate, censor or remove any User Content. Escargo.io does not have (and expressly disclaims) any liability in connection with the User Content.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

8.2 Representations and Warranties in Relation to User Content

In connection with your User Content, you affirm, represent and warrant the following:

  1. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
  2. Your User Content and Escargo.io’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
  3. Escargo.io may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  4. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate. Escargo.io takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Escargo.io shall not be liable for any damages you allege to incur as a result of User Content.
  5. Your User Content is not misleading, deceptive or materially inaccurate in any way. Information that you provide in relation to the services being sought, as well as Project and Proposal details, are accurate and will assist other Users in participating in the Service.

Escargo.io reserves the right to keep User Content posted on the Service indefinitely unless otherwise removed by a User. You acknowledge and agree that Escargo.io may preserve and/or disclose your User Content if required to do so by law, or if it believes in good faith that such preservation or disclosure is reasonably necessary to ensure compliance with and/or enforcement of these Terms, or to comply with any applicable law or government request.

Escargo.io is not responsible for any advice, opinions, statements or representations made by Brands (in relation to Projects) or Agency Talent in relation to their skill, quality of work or ability to complete a Project. Escargo.io shall have no liability in relation to your communications and other interactions with any User. We do not endorse any User Content nor any communications or other interactions with or information provided by any other User.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR USER CONTENT. ESCARGO.IO SHALL NOT HAVE, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO YOU IN RELATION TO ANY USER CONTENT OR OTHER MATERIAL ACCESSED THROUGH THE SERVICE. ESCARGO.IO CAN NOT GUARANTEE, AND MAKES NO REPRESENTATIONS IN RELATION TO, THE COMPLETENESS OR ACCURACY OF ANY USER CONTENT OR OTHER MATERIALS ACCESSED THROUGH THE SERVICE.

IN RELATION TO YOUR USER CONTENT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, AND AGREE TO INDEMNIFY ESCARGO.IO, AND KEEP US INDEMNIFIED, FOR AND AGAINST ALL CLAIMS, COSTS, DAMAGE LOSS OR LIABILITY THAT MAY ARISE IN CONNECTION WITH YOUR USER CONTENT. ESCARGO.IO WILL NOT BE LIABLE FOR THE DELETION, LOSS, OR MODIFICATION (WHETHER AUTHORIZED OR NOT) OF YOUR USER CONTENT. YOU ARE NOT PERMITTED TO USE ANY USER CONTENT OR CONTENT OTHERWISE ACCESSED THROUGH THE SERVICE FOR ANY PURPOSE OTHER THAN THE INTENDED USE OF THE SERVICE.

8.3 User Content License Grant

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Escargo.io a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Escargo.io’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms.

8.4 Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Escargo.io Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Escargo.io and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Escargo.io Content. Use of the Escargo.io Content for any purpose not expressly permitted by these Terms is strictly prohibited.

The Escargo.io Content may not be used to disparage Escargo.io, any Users, any applicable third party or the Service, nor shall they be used in any manner that may damage any goodwill of the Escargo.io Content. Use of any Escargo.io Content as part of a link to or from any site is prohibited unless establishment of such link is approved in advance by Escargo.io in writing.

You are not permitted to use or display any of the marks featured in the Service, whether trademarked or not, without first obtaining the express written consent of the owner of the marks. Escargo.io is the owner of the ‘Escargo.io’ logo, marks and brand.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Escargo.io under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Escargo.io does not waive any rights to use similar or related ideas previously known to Escargo.io, or developed by its employees, or obtained from sources other than you.

9. ACCOUNT DETAILS AND SECURITY

You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access through the Service, and to update this information to maintain its truthfulness, accuracy and completeness. Escargo.io makes no warranties about any of your information, either to you, Users or third parties. You cannot register for more than one User account without express written permission from Escargo.io.

You must keep your User account username and password secure and not disclose your details to any other person. We encourage and may require you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Escargo.io immediately of any breach of security or unauthorized use of your account at support@Escargo.io. You (and where relevant, your employer) are responsible for all activity that occurs in your account. Escargo.io will not be liable for any losses caused by any unauthorized use of your account.

Your User account is for your individual use only. You may never use another User’s account, nor authorize others to use your account, nor assign or otherwise transfer your account to any other person or entity. You are solely responsible for the activity that occurs on your account.

In the event you use your account as a company account, your employer will be responsible for the security of your password. All activities that occur in all accounts shall bind the company that you, as a User, represent. If you do not have this authority, do not use the Service.

10. EMAIL AND TELEPHONE CONSENT

By providing Escargo.io your email address you consent to using your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special promotions. If you do not want to receive such email messages, you may opt out or change your preferences by contacting us at support@Escargo.io. Opting out may prevent you from receiving email messages regarding updates, improvements, or special promotions. You cannot opt out of service related communications without deactivating your Escargo.io account, and even then we may contact you for Service-related purposes. You may deactivate your Escargo.io account at any time by emailing support@Escargo.io.

By submitting your telephone information, you consent to being contacted on the telephone by text message or calling at the number(s) that you have provided, irrespective of whether they appear on a ‘Do Not Call’ list.

11. PRIVACY

We care about the privacy of our Users. Your registration and use of the Service is conditional upon you agreeing and complying with our Privacy Policy. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States, as well as outside the United States, as contemplated by our Privacy Policy.

Should you have any questions relating to your privacy as a User of the Service, please review our Privacy Policy.

12. CONFIDENTIAL INFORMATION

In using the Service, you will be granted access to information belonging to Brands or Agency Talent which is confidential. “Confidential Information” shall include information relating to the Brand and Agency Talent relationship, as well as information relating to the Escargo.io Service, as identified below.

12.1 Brand and Agency Talent Confidential Information

Information shared between the Users relating to:

  1. The identity of a Brand or Agency Talent;
  2. The business or Project of a Brand;
  3. The business of Agency Talent;
  4. Work produced for a Brand by Agency Talent;
  5. Nonpublic or proprietary information; or
  6. Information which, in the ordinary course of business, would be considered as, or is marked “confidential”

shall be classified as “Confidential Information” and must remain confidential at all times unless otherwise provided for in these Terms or agreed between Users.

12.2 Escargo.io Confidential Information

All information which you receive access to through the Service relating to the Escargo.io Service, our business, personnel, activities, other Users, and any information marked as “confidential” or which in the ordinary course of your relationship with Escargo.io would be considered confidential, shall be classified the “Confidential Information” of Escargo.io and must remain confidential at all times unless otherwise provided for in these Terms.

12.3 The Form of Confidential Information

The form that Confidential Information shall take includes (but is not limited to): documents, conversations, communications, online content and information created, received, produced or obtained through the Service or Brand-Agency Talent relationship, including through any employees, contractors, agents and representatives of either party.

12.4 How to Treat Confidential Information

Information that you receive through the Service classified as Confidential Information shall be treated confidentially by all Users. You agree not to disclose or to attempt to personally benefit from nonpublic or proprietary information of any User. The use of any such Confidential Information shall be restricted in accordance with these Terms until it has become publicly available through no action of your own.

To the extent a User provides Confidential Information to another User, the recipient shall protect the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care.

Any use of Confidential Information relating to a User or a Project is a matter for Brands and Agency Talent to agree. We recommend the use of non-disclosure agreements to protect Confidential Information while communicating with Users through the Service and negotiating terms.

As a User of the Service, you agree that in relation to Confidential Information, you shall abide by your obligations to:

  1. Treat information confidentially;
  2. Not disclose Confidential Information or use it for your own benefit;
  3. Restrict its use to purposes permitted by the discloser until it becomes publicly available;
  4. Use commercially reasonable efforts to protect the Confidential Information of other Users and Escargo.io; and
  5. Follow the processes within these Terms relating to the disclosure of Confidential Information.

Breach of these obligations to protect Confidential Information may result in your immediate removal from the Service and may expose you to further action from Escargo.io and/or other Users.

In the event of you becoming aware of a suspected or actual breach of the obligations in these Terms relating to Confidential Information, you agree to immediately notify Escargo.io.

12.5 Return of Confidential Information

In circumstances where you choose to no longer participate in the service, Escargo.io is not responsible for the return of Confidential Information. Escargo.io recommends that Users include terms in any agreement or during the Proposal process, requiring that Users protect Confidential Information and return it once no longer being used as intended by the disclosing party.

12.6 Disclosure Compelled by Law

In circumstances where you are legally required to disclose Confidential Information, you shall, at first instance, inform the third party who disclosed and/or owns the Confidential Information of the requirement to disclose as soon as reasonably practicable and liaise with that party prior to disclosing any Confidential Information. Failure to do so shall be considered a breach of these Terms.

12.7 Disclosure of Confidential Information by Escargo.io

Escargo.io may be required to disclose Confidential Information to parties in order for the Service to operate as intended. To find out more about how we share information, please review our Privacy Policy. If you have any questions, please contact us at support@Escargo.io.

Escargo.io takes no responsibility for the sharing and use of your Confidential Information as a part of the Service.

13. LINKS TO EXTERNAL WEBSITES

The Service may contain links to User and third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Escargo.io. Escargo.io does not endorse or assume any responsibility for any User or third party sites, information, materials, products, or services, nor do we have any control over such sites. If you access a User third party website from the Service, you do so at your own risk, and you understand that this Agreement and Escargo.io’s Privacy Policy do not apply to your use of such sites. You expressly relieve Escargo.io from any and all liability arising from your use of any User or third party website, service, or content. Additionally, your dealings with or participation in promotions of Users or advertisers found on the Service, including payment and delivery of goods and services, and any other terms (such as warranties) are solely between you and such Users or advertisers. You agree that Escargo.io shall not be responsible for any loss or damage of any sort relating to your dealings with such Users or advertisers.

14. LIMITATION OF LIABILITY

USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES SHALL ESCARGO.IO BE RESPONSIBLE FOR, AND YOU AGREE THAT WE WILL HAVE NO LIABILITY IN RELATION TO, YOUR USE AND CONDUCT IN CONNECTION WITH THE SERVICE, OR ANY OTHER PERSON’S USE OR CONDUCT IN CONNECTION WITH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESCARGO.IO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTRACTS, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, WHETHER IN TORT, CONTRACT OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL ESCARGO.IO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THE PROJECTS OF BRANDS OR THE SERVICES PROVIDED BY AGENCY TALENT, OR ANY THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR IN CONNECTION WITH CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SERVICE. ESCARGO.IO SHALL NOT BE LIABLE AS TO THE QUALITY OR CAPACITY OF BRANDS OR AGENCY TALENT, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS OR ACCURACY OF ANY REPRESENTATIONS MADE BY A USER OF THE SERVICE, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER OF THE SERVICE, INCLUDING BUT NOT LIMITED TO A USER PROVIDING A PROPOSAL THROUGH THE SERVICE.

ANY DECISIONS YOU MAKE AS A USER OF THE SERVICE OR IN CONNECTION WITH THE SERVICE, WHETHER DIRECTLY OR INDIRECTLY, ARE SOLELY YOUR RESPONSIBILITY. ESCARGO.IO WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER, WHETHER BRAND OR AGENCY TALENT OR ANY OTHER THIRD PARTY, AND YOU EXPRESSLY WAIVE AND RELEASE ESCARGO.IO FROM ANY AND ALL LIABILITY IN RELATION TO YOUR USE OF THE SERVICE AND ANY INTRODUCTIONS MADE BY ESCARGO.IO. THE PERFORMANCE OF AGREEMENTS INITIATED AS A RESULT OF INTRODUCTIONS MADE THROUGH THE SERVICE ARE SOLELY THE RESPONSIBILITY OF THE PARTIES THERETO, AND BY REGISTERING FOR THE SERVICE, YOU UNDERSTAND THAT ESCARGO.IO HAS NO LIABILITY WHATSOEVER IN RELATION TO THE PERFORMANCE OR FAILURE TO PERFORM UNDER ANY SUCH AGREEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESCARGO.IO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL ESCARGO.IO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU MAY HAVE PAID TO ESCARGO.IO HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY CLAUSE APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ESCARGO.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED REPRESENTATIONS WHICH, BUT FOR THESE TERMS, MIGHT APPLY IN RELATION TO YOUR USE OF THE SERVICE.

15. INDEMNIFICATION

You agree to indemnify and hold harmless Escargo.io, its related entities and its affiliates, officers, employees, representatives and agents (each an “Indemnified Party”) from any and all claims, actions, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to:

  1. Your use of the Service;
  2. Your User Content;
  3. Any breach by you of these Terms; and
  4. Any work, services or any other matter for which you are responsible under a relevant service agreement relating to a Project or Proposal.

If you are involved in a Project, you also agree to indemnify and hold harmless the Indemnified Parties in relation to all claims, liabilities, losses, settlements, costs, taxes, levies, charges and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to payments made (or owed) between Brands and Agency Talent. For the avoidance of doubt, such obligations are a matter for those Users, and not Escargo.io.

16. DISPUTE RESOLUTION

16.1 Contacting Escargo.io

For any dispute with Escargo.io, you agree to first contact us at support@Escargo.io and attempt to resolve the dispute with us informally.

16.2 Binding Arbitration

In the unlikely event that Escargo.io has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Escargo.io claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Those rules can be found at www.adr.org.

Nothing in this clause shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.

16.3 Location and Fees

The arbitration will be conducted in Los Angeles County, Los Angeles, California unless you and Escargo.io agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

16.4 Individual Basis: className Action and Jury Trial Waivers

YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR className MEMBER IN ANY PURPORTED className OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ESCARGO.IO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A className ACTION.

16.5 Enforcement

Any judgment on the award made by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.

16.6 Invalidity

In the event that a court of competent jurisdiction finds the above arbitration provisions invalid or inapplicable, you and Escargo.io each agree to the exclusive jurisdiction of the Federal and State Courts located in Los Angeles, California. You and Escargo.io each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any applicable dispute or claim.

16.7 Opting Out and Survival

If you do not wish to arbitrate disputes with Escargo.io and you are an individual, you may opt out of your agreement to arbitrate by emailing support@Escargo.io. within thirty (30) days of the first of the date you access or use the Service. This dispute resolution clause shall survive termination of the Terms and/or suspension or deactivation of your Escargo.io account.

17. GENERAL

17.1 Assignment

Escargo.io may assign these Terms, any rights or obligations, and licenses granted hereunder without restriction. You may not transfer or assign these Terms, rights and licenses granted hereunder without the express written consent of Escargo.io. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing restrictions, these Terms will inure to the benefit of the successors and permitted assigns of the parties.

17.2 Entire Agreement

These Terms and any schedules or Policies incorporated herein constitute the entire agreement between you and us in relation to their subject matter and cancel and supersede any prior contemporaneous discussions and content of communication between us. You acknowledge that you have not relied on any representations by us entering this agreement, except those contained in these Terms.

17.3 Continued Application

Even if you are no longer using the Service or deactivate your account or if we terminate your account, these Terms will continue to apply as intended.

17.4 Additional Agreements

Brand and Agency Talent Users may enter into additional, supplemental or other agreement they deem appropriate (for example, confidentiality agreements, contractor or work for hire agreements, assignment of rights, etc.) but under no circumstances will Escargo.io be a party to those agreements, except executed in writing by an authorized representative of Escargo.io. Furthermore, these Terms will govern and supersede any term or condition in an additional agreement between Users that seeks to expand or restrict Escargo.io’s rights under this Agreement. Additionally, you are required to report to Escargo.io any attempt by a User to contract outside these Terms.

17.5 Governing Law

The Service is based in the State of California, USA. These Terms shall be governed by the laws of the State of California and any controversy, dispute or claim arising out of relating to these Terms will be governed by those laws of that state, without regard to its conflict of law provisions, and noting the dispute resolution procedure in clause 16 of these terms.

17.6 Notices and consent to electronic notice

You hereby provide us with consent to use electronic means to deliver any notices pursuant to these Terms. Escargo.io may provide notice by email (using the email address that you provide when registering your account); and/or by posting on the Escargo.io website. You may provide notice to us only in writing, either delivered personally or sent by certified mail to:

© 2024 Escargo.io LLC.

8937 Appian Way

Los Angeles, CA

90046  USA

17.7 No waiver

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.

17.8 Using automated tools on the Service

The use of any content scraping, crawling or spidering tools on the Service and any associated websites is prohibited, with the exception of by search engines for indexing purposes. Unauthorized links to Escargo.io and the Service are strictly forbidden.

17.9 Changes to Terms

(a) Notification of Changes: Escargo.io reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time. It is your responsibility to check these Terms periodically for changes. We will also endeavor to notify you of any significant changes to these Terms through the email address associated with your account or by placing a prominent notice on our site.

(b) Acceptance of Changes: Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new terms, you must stop using the Service.

(c) Cancellation Option: If you disagree with any changes to these Terms, you have the right to cancel your account by sending a written notice of cancellation to support@escargo.io or through the account management features provided on our website. Please note that your continued use of the Service after the effective date of the changes constitutes your acceptance of the amended Terms.

17.10 Severability

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force to give maximum effect to the intent of the parties. The illegality, invalidity or unenforceability of a provision of the Terms in a particular jurisdiction shall not in any way affect the legality, validity or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

17.11 Cumulative Rights

The rights, powers and remedies provided to us in these Terms are cumulative and not exclusive of the rights, power or remedies provided by law independently of these Terms.

18. CONTACT

Please contact us at support@Escargo.io with any questions regarding these Terms.

PLEASE PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS.