Terms of service
Epoche Terms of Use
📝 Quick Guide
Welcome! These Terms of Use are a legal agreement between you and us (Epoche Inc.). They explain what you can and can’t do on our platform, what rights you give us when using our services, and what happens if something goes wrong.
To make things easier, we’ve added a short summary above each section. These summaries aren’t legally binding, but they help explain the full text below in simpler words.
❓ Have questions about orders, delivery, returns, or using our Website? Check out our FAQ.
🚚 For details on shipping, delivery times, and related info, please see our Delivery Policy.
👉 You can also find our full Return Policy here.
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ACCEPTANCE OF TERMS
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Summary: When you shop with us or explore our site, you’re agreeing to these Terms. If you’re not comfortable with them, that’s totally okay—just please avoid using the site or placing orders. We may update these Terms occasionally, so feel free to check back anytime to stay up to date. |
1.1. The provisions of the “Terms” govern the relationship between you and Epoche Inc. (file number: 10526628) with business address at 303 S Water St, Suite 200, Henderson, Nevada 89015, USA (“we”, “us”, “our”, “Epoche” or the “Company”) regarding your use of the Company’s websites (the “Website”), placement of orders and related services (the “Service”). These Terms cover your use of all content, product listings, images, and other features available on the site (the “Content”).
1.2. By accessing or using any part of the Website, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms, forming a legally binding agreement between you and the Company. If you do not agree to these Terms, you must immediately stop using the Service. These Terms were originally drafted in English. If there is any conflict between the English language version of these Terms and a version translated into another language, the English-language version will prevail.
1.4. Our Privacy Policy forms an integral part of these Terms and describes how we collect, use, and protect your personal data. We may also post additional policies, supplemental terms, or notices on the Service from time to time. Such terms are hereby incorporated by reference and will apply to your use of the Service.
1.5. We may update, modify, or remove portions of these Terms at our sole discretion, to the extent permitted by applicable law. This may occur when we introduce or discontinue features, technologies, or services, to comply with legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances. Where required by law, we will notify you of such changes.
1.6. Unless stated otherwise, we will indicate updates by revising the "Last Updated" date of these Terms. You acknowledge and agree that it is your responsibility to review the Terms regularly for any updates. Unless specified otherwise, the updated Terms take effect once posted on the Website. By continuing to use the Service after the updates become effective, you agree to the revised Terms. If you do not agree, you must stop using the Service immediately.
1.7. We may update, change, pause, or discontinue any part of our website, products, or services at any time without prior notice or liability. This could be to introduce new styles, improve product features, update sizing or materials, comply with legal requirements, or respond to unexpected events. Please note that some products, features, or promotions may not be available in all countries, languages, or on every device.
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PRODUCTS INFORMATION, PAYMENTS, DELIVERY AND RETURNS
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Summary: Our Website shows information about our products and lets you buy them online. We may limit or cancel orders for any reason—like if we think someone is reselling or if there’s a mistake in pricing or availability. If we cancel an order, we’ll try to let you know. While we strive to keep product details and prices accurate, sometimes mistakes happen, and product colors may look different on your screen. We can update product info or prices at any time without prior notice. Payments are processed securely by trusted third parties. We’ll deliver your order to the address you provide, but delivery times are estimates and may vary. You’re responsible for providing the correct shipping information. Shipping costs will be shown at checkout, and any delivery questions can be directed to our customer service. If you’re not happy with a product, you can check our Return Policy, which may vary depending on your location. We might offer promotional codes or gift cards for discounts or extras. These codes are personal, can’t be exchanged for cash, and have specific terms. |
Products Information and Purchases
2.1. The Website displays information regarding our products and allows you to purchase such products through it.
2.2. We reserve the right to refuse service to anyone or discontinue any product for any reason at any time. We reserve the right, but are not obligated, to (i) limit the sales of products or availability of the Website to any person, geographic region or jurisdiction; (ii) limit the quantities of products available for purchase per order; (iii) discontinue any product at any time; and (iv) refuse or cancel any order for any reason. We further reserve the right to: (a) limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors; and (b) limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
2.3. While we try to maintain the accuracy of the Website, we are not responsible if Content on the Website is not accurate, complete or current. However, items may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Service or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We cannot guarantee that your computer monitor's display of any color will be accurate. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Service.
2.4. FOR THESE REASONS AND OTHERS, WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THE WEBSITE, INCLUDING PRICES, PRODUCT IMAGES, DESCRIPTIONS, SPECIFICATIONS, AND INDICATIONS OF AVAILABILITY.WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION, INCLUDING PRODUCT DESCRIPTIONS AND PRODUCT PRICING, AND TO CORRECT ERRORS, INACCURACIES OR OMISSIONS AT ANY TIME, WITHOUT PRIOR NOTICE, INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER.
2.5. Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update to the Website should be taken to indicate that all of the information on the Website has been modified or updated.
Purchases and Payment Processing
2.6. Payments are handled by third-party payment processors, which you authorize to charge your selected payment method. These processors handle transaction processing and notify us of successful payments.
Delivery
2.7.We offer delivery of products purchased through the Website to the shipping address you provide during checkout.
2.8. Delivery times are estimates only and may vary based on your location, shipping method selected, product availability, and other factors beyond our control. We do not guarantee delivery dates. Risk of loss and title for products pass to you upon delivery to the carrier.
2.9. You are responsible for providing accurate and complete shipping information. We are not responsible for delays or failed deliveries due to incorrect or incomplete addresses.
2.10. Shipping costs, if any, will be displayed at checkout and are your responsibility unless otherwise stated.
2.11. If you have questions or concerns regarding delivery, please consult our separate Delivery Policy or contact our customer service team at hello@epochestudios.com
Returns and refunds
2.12. Products available through the Website are subject to our Return Policy. Our Return Policy does not otherwise affect the legal right of withdrawal or cancellation available under certain circumstances to customers located in some jurisdictions.
Promotional Codes
2.13. We may provide you with gift cards or promotional codes that can be redeemed for additional features, enhancements, functionalities, content, services within the Website and for a limited period of time, subject eligibility requirements (the “Promotional Codes”). Promotional Codes have no cash value, are personal, non-transferable, non-sublicensable, and we are under no obligation to provide any compensation in connection with a Promotional Code.
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USE OF THE WEBSITE
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Summary: This section explains how you can use our Website. All content, software, and trademarks belong to the Company, and we give you a limited license to use the Website for your personal, non-commercial use. When you share content or reviews with us, you’re giving us permission to use them to improve our products and for marketing purposes. |
3.1. The Website, including its software, content, logos, trademarks, and any associated materials, remains the exclusive property of the Company or its licensors. Accessing or using the Website does not grant you ownership of any intellectual property rights beyond what is explicitly stated in these Terms. You may not copy, modify, distribute, sell, or reverse-engineer any portion of the Service unless expressly permitted. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. Any breach of these Terms may result in the immediate suspension or termination of your access to the Website.
3.2. By submitting, posting, or otherwise providing any review, rating, comment, testimonial, or other feedback (“Review”) about Epoche on any platform, including but not limited to the websites, social media platforms, or directly to the Company, you grant the Company and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display, and create derivative works from such Reviews for any lawful purpose, including but not limited to marketing, advertising, promotional activities, product development, and customer engagement, in any media now known or later developed, without further notice, attribution, or compensation to you. You acknowledge and agree that:
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The Company is not obligated to use, display, or maintain any Review and may remove or edit Reviews at its discretion.
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The Company may use Reviews in conjunction with your publicly displayed username, profile picture, or other identifying information (if available), unless you request anonymity in writing.
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The Company is not responsible for the content of Reviews posted by users and does not endorse any opinions expressed therein.
If you wish to request the removal of a Review that you have submitted, you may contact the Company at hello@epochestudios.com
3.3. You agree not to use the Service to distribute illegal, deceptive, or harmful content, impersonate another individual or misrepresent your affiliation, reverse-engineer, extract, or manipulate any part of the Service, or interfere with the security, availability, or integrity of the Website. Violation of these Terms may result in the immediate suspension or termination of your use of Website, as well as legal consequences.
3.4. Also please make sure you are using the latest version of your web browser when accessing the Website, as that will help prevent security problems and ensure all the Website features work for you.
3.5. Your use of the Website is at your own risk. The Company does not guarantee the accuracy, reliability, or fitness of any content provided. We are not responsible for loss of data, device malfunctions, or technical failures, or personal injury, financial loss, or any legal claims arising from your use of the Website.
3.6. Customer support services are provided at the Company’s discretion. While we may assist users, there is no obligation to provide support or respond to inquiries. If you require assistance, contact hello@epochestudios.com, and we will respond as reasonably possible.
4. THIRD-PARTY SERVICES, MATERIALS, AND ADVERTISING
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Summary: Our Website may have links, ads, or content from other companies that we don’t control. While we want you to have a great experience, we can’t guarantee the accuracy, safety, or legality of any third-party materials or services. When you use these links or services, please do so carefully and at your own risk. Any problems or disputes that come up with third parties are between you and them, not us. If you ever come across something harmful or misleading, please feel free to let us know. |
4.1. The Website may integrate, provide access to, or display content from third-party services, websites, software, advertisements, and other materials ("Third-Party Services" and "Third-Party Materials"). This includes external links, embedded content, and user-generated materials contributed by third parties. While these features may be accessible through the Service, the Company does not control or assume responsibility for the content, functionality, or policies of any Third-Party Services.
4.2. By using the Website, you acknowledge that the Company does not endorse, verify, or assume responsibility for the accuracy, legality, quality, or reliability of any Third-Party Services or Third-Party Materials. Some of this content may be objectionable, offensive, or misleading, and the Company is not liable for any exposure to such material. Any interactions, transactions, or agreements you engage in with third parties through the Service are solely between you and the respective third party. The Company bears no responsibility for any disputes, losses, or issues that may arise from these interactions.
4.3. The Service may include advertisements, sponsored content, or links to third-party websites that are not owned or controlled by the Company. Clicking on third-party links or engaging with external services does not establish any endorsement, affiliation, or sponsorship between the Company and the third party. Any engagement with such content is at your own risk. It is your responsibility to review and comply with the terms, policies, and privacy practices of third-party services before using them. The Company disclaims any liability for how third parties collect, process, or use your data.
4.4. The Company does not monitor, evaluate, or guarantee the accuracy, completeness, or legality of Third-Party Materials. To the fullest extent permitted by law, the Company makes no express or implied warranties regarding third-party content and disclaims all liability for any loss, damage, or harm resulting from your reliance on or use of such content. Some third-party materials may be outdated, misleading, or otherwise unreliable, and you assume full responsibility for any decisions based on this content.
4.5. Accessing Third-Party Services through the Service is entirely voluntary. You assume all risks associated with interacting with third-party content, including potential malware, phishing scams, or deceptive practices. The Company is not responsible for any technical issues, disputes, or damages arising from your engagement with Third-Party Services. By using such services, you waive any claims against the Company related to your interactions with third-party content, advertisements, or external links.
4.6. If you encounter harmful, misleading, or offensive third-party content while using the Service, you may report it to the Company. However, the Company is not obligated to investigate, remove, or take action against third-party content unless required by law.
5. YOUR REPRESENTATION AND RESTRICTIONS
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Summary: To use our Service, you must be at least 18 and legally able to enter into a contract. You agree not to use the Website for anything illegal, fraudulent, or harmful — and not to misuse or copy our systems, content, or code. Automated tools like bots or scrapers aren’t allowed. You also agree not to use the Service to create a competing product or to mess with our security features. If you break these rules or give us false info, we may suspend or block your access. We also expect all communication with our support team to be respectful — abuse won’t be tolerated. |
5.1. By accessing or using the Service, you confirm that:
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You have the legal capacity to enter into and comply with these Terms.
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You are at least 18 years old and legally permitted to use the Service.
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You will not access the Service through automated or non-human means, including bots, scripts, or similar methods.
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You will not make any purchases using a fraudulent method of payment;
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You will not use the Service for any unlawful, fraudulent, or unauthorized purpose.
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You are not located in a country subject to U.S. government embargo restrictions or designated as a terrorist-supporting nation.
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You are not listed on any U.S. government list of prohibited or restricted persons.
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Your use of the Service complies with all applicable laws and regulations.
5.2. If any information you provide is false, misleading, outdated, or incomplete, we reserve the right to deny or terminate your current or future access to the Service.
5.3. The Website is made available for its intended purposes only. You may not use the Website for any unauthorized, commercial, or competitive activities unless expressly approved by us.
5.4. You agree not to engage in the following activities when using the Service:
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Collecting, scraping, or systematically retrieving data or other content from the Service to create a database, compilation, or directory without our express permission.
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Using the Service for any unauthorized purposes, including modifying, adapting, improving, or creating derivative works from the Service.
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Using the Service for commercial or revenue-generating endeavors, unless explicitly approved by us.
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Making the Service accessible over a network that allows multiple devices or users to access it simultaneously, unless permitted.
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Developing, launching, or using the Service to create a competing product, service, or software.
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Using any of our proprietary information, intellectual property, or interfaces to develop, license, or distribute applications, accessories, or other related products.
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Circumventing, disabling, or interfering with security features of the Service.
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Framing, embedding, or linking to the Service without authorization.
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Interfering with or disrupting the Service, networks, or servers connected to the Service, or creating an undue burden on our infrastructure.
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Decompiling, disassembling, reverse-engineering, or otherwise attempting to access the source code of any part of the Service.
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Bypassing or attempting to bypass access restrictions or security measures implemented in the Service.
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Uploading, transmitting, or distributing malware, viruses, worms, trojans, or other harmful software that could damage the Service or others' devices.
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Using, launching, or distributing any automated system (e.g., bots, spiders, scrapers, cheat utilities) to access or interact with the Service.
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Sending unsolicited commercial emails or engaging in spam-related activities.
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Engaging in any activity that may harm, tarnish, or damage the reputation of the Company or the Service.
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Using the Service in violation of any applicable laws or regulations.
5.5. We expect all users to interact with our customer support team in a respectful and professional manner. If at any time your communication or behavior is deemed harassing, abusive, threatening, or offensive, we reserve the right to terminate your use of Services immediately.
6. DISCLAIMER OF WARRANTIES
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Summary: We do our best to make sure the Website works well and is helpful for you. However, sometimes things might not go perfectly, and the Website might have occasional interruptions or errors. When you use the Website and our products, please keep in mind that it’s at your own risk. We aren’t responsible for technical glitches, data loss, or issues caused by third parties. Also, we may update or change parts of the Website from time to time to improve your experience. Rest assured, these points don’t affect any rights you have under consumer protection laws. |
General Disclaimers
6.1. EXCEPT TO THE EXTENT PROHIBITED BY LAW OR OTHERWISE INAPPLICABLE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ANY PRODUCTS OR CONTENT PROVIDED THROUGH IT ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED.
6.2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY OF CONTENT OR DATA.
6.3. IN PARTICULAR, WE DO NOT WARRANT THAT:
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The Service will meet your expectations or requirements;
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The Service will be uninterrupted, secure, error-free, or free from technical issues;
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The results obtained from using the Service will be accurate, reliable, or error-free;
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The quality of any content, features, or services will meet your expectations;
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Any defects or errors will be corrected promptly or at all.
6.4. ANY MATERIAL, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE.
6.5. WE DO NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USING THE SERVICE. BY USING THE SERVICE, YOU ACCEPT THE INHERENT RISKS OF SERVICE INTERRUPTIONS, TECHNICAL FAILURES, AND POTENTIAL DATA LOSS.
6.6. We reserve the right to update, modify, or discontinue any aspect of the Service, including features, content, and availability, at any time, with or without notice. This includes changes to:
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The information provided on our website and mobile applications;
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The availability or functionality of any Service feature;
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The pricing, structure, or terms of use of the Service.
6.7. We are not responsible for any loss or inconvenience resulting from modifications, suspensions, or discontinuations of any part of the Service.
6.8. Nothing in these Terms shall exclude or limit any consumer rights that cannot be waived under applicable law. If you are entitled to statutory rights under the laws of your country of residence, those rights remain unaffected by these disclaimers.
7. LIMITATION OF LIABILITY
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Summary: We do our best to offer a reliable and safe experience, but sometimes things go wrong. By using the Website, you agree that we’re not responsible for certain types of damages — like lost profits, lost data, or indirect losses — even if we knew something might happen. If something does go wrong, our total financial liability to you will not exceed €100 or the amount you’ve paid us in the last 12 months (whichever is greater). This limitation helps keep our services affordable for everyone. Some local laws may override parts of this, and your statutory rights as a consumer are always protected. |
7.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (INCLUDING OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, PRODUCTS, OR ANY THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2. YOUR ACCESS TO AND USE OF THE SERVICE (INCLUDING CONTENT, AND USER CONTENT) AND THIRD-PARTY ADS ARE AT YOUR OWN RISK. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICE.
7.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, PRODUCTS, OR CONTENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO US FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR IF GREATER, ONE HUNDRED EURO (€ 100).
7.4. THESE LIMITATIONS OF LIABILITY FORM A FUNDAMENTAL BASIS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY. WITHOUT THESE LIMITATIONS, WE WOULD NOT BE ABLE TO OFFER THE SERVICE UNDER THE SAME TERMS.
Waiver of Unknown Claims (California Residents)
7.5. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
7.6. BY ACCEPTING THESE TERMS, YOU RECOGNIZE AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN OR UNSUSPECTED.
Jurisdiction-Specific Exceptions
7.7. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT ANY PART OF THESE LIMITATIONS IS FOUND TO BE UNENFORCEABLE UNDER APPLICABLE LAW, THE REMAINING LIMITATIONS SHALL STILL APPLY TO THE MAXIMUM EXTENT PERMITTED.
7.8. IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL REMAINING LIMITATIONS OF LIABILITY SHALL STILL APPLY. ADDITIONAL CONSUMER RIGHTS MAY APPLY DEPENDING ON YOUR JURISDICTION.
8. INDEMNIFICATION
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Summary: If your actions (or anything you post or upload) cause legal trouble, harm, or costs for the Company or others—like violating someone’s rights, breaking the law, or breaching these Terms—you agree to cover those costs. |
8.1. You agree to defend, indemnify, and hold harmless the Company, along with its affiliates, parent companies, officers, employees, agents, partners, licensors, contractors, successors, and assigns (each, an “Indemnitee”), from and against any losses, damages, liabilities, claims, demands, judgments, settlements, penalties, fines, costs, and expenses of any kind—including, but not limited to, reasonable attorneys’ fees and professional fees—arising directly or indirectly from:
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User Content, including any claims that such content infringes upon third-party rights or violates applicable laws.
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Your breach of these Terms, whether by you or anyone using your account or device.
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Your access to or use of the Service, including any actions taken on the platform.
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Your violation of any applicable law, regulation, or third-party rights, including intellectual property, privacy, or proprietary rights.
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Any claims related to property damage, personal injury, bodily harm, or death resulting from your use of the Service in violation of these Terms.
8.2. The Company reserves the right to assume full control of the defense, negotiation, and settlement of any claim for which you are required to indemnify us. You agree to fully cooperate with our defense efforts and acknowledge that we have the sole discretion to select legal counsel and strategy in such matters. You may not settle any claim that imposes liability or obligations on the Company without our prior written consent.
9. INFORMAL DISPUTE RESOLUTION PROCEDURES
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Summary: If we ever have a disagreement, we’ll do our best to resolve it directly with you first. This includes a required video call where we try to sort things out informally. If that doesn’t work, most legal disputes will be resolved through private arbitration instead of court, and you agree not to bring or join class action lawsuits. Arbitration is typically faster, less formal, and more efficient than going to court. However, certain exceptions apply — for example, either of us can go to small claims court (if allowed in your area) or to court for issues involving intellectual property. You still have all rights that cannot be waived under the laws of your country. |
9.1. PLEASE READ THIS PROVISION CAREFULLY TO ENSURE THAT YOU UNDERSTAND—THIS SECTION CONTROLS HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE ADDRESSED.
9.2. BY AGREEING TO THIS PROVISION, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.
9.3. YOU ARE ALSO AGREEING TO RESOLVE ALL DISPUTES BETWEEN YOU AND THE COMPANY THROUGH BINDING ARBITRATION UNLESS YOU EXERCISE YOUR RIGHT TO REJECT ARBITRATION AS PROVIDED BELOW.
9.4. You and Epoche Inc. (“we” or the “Company”) agree to resolve all Disputes (including any related disputes involving the Company, its subsidiaries, or its affiliates) through binding arbitration, as described below, except for: (i) claims that fall within the jurisdiction of a small claims court, provided such claims are not class action disputes and also meet the court’s jurisdictional and monetary limits; and (ii) disputes related to intellectual property rights. A “Dispute” means any claim, controversy, or legal action—whether arising from past, present, or future events, and based on contract, tort, statute, or common law—between you and the Company regarding the Website, Services, or this agreement (the “Arbitration Agreement”). “Dispute” also includes disputes about the interpretation, applicability, or enforceability of these terms or the formation of this Arbitration Agreement, including whether any part of it is invalid or unenforceable.
Mandatory Pre-Filing Notice Procedure
9.5. You and we agree that good faith, informal efforts to resolve disputes often result in a faster, inexpensive outcome. Therefore, if you intend to assert a claim for any Dispute (as defined above) against the Company, you must first send the Company a written notice of the Dispute (“Notice”) that gives the Company some basic information about you and the Dispute. Any Notice must include (i) your name, address, and email address, (ii) a detailed description of your Dispute; (iii) any relevant facts regarding your use of the Website and Service (including your account ID, profile screenshots, and anything else that will help us identify your account; (iv) a detailed description of the relief you are seeking, including a calculation of any money damages you are seeking; and (v) a personally signed statement from you (and not your attorney) verifying the accuracy of the information in Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. If you are filling out a Notice for another person, you must include all information described above, and also a statement describing your relationship to the person and why the person is unable to fill out the Notice for themselves.
You must send the Notice to the Company at the following address:
LEVEL 3 [SUITE NO. 3490] TOWER BUSINESS CENTRE
TRIQ IT- TORRI, SWATAR
BIRKIRKARA
BKR 4013
Malta
Attention: Legal
If we need to send you a Notice, we will send the Notice to you at the contact information we have available for you, which may include, if applicable, the contact information associated with your account.
9.6. After we receive a Notice, you and us agree to engage in good faith efforts to resolve the Dispute between us for a period of 60 days through informal negotiation. The 60-day period can be extended if you and we agree that such an extension is likely to lead to resolution. As part of the informal negotiation process, you and we agree that we will both attend at least one individualized video conference (”Video Conference”). The Video Conference can be via Zoom, Microsoft Teams, WhatsApp, or any other similar platform that you and we agree on and that we both have access to. The Video Conference can be held after the 60-day period, if necessary. If you are represented by an attorney in your Dispute, your attorney may participate in the Video Conference, but you are still required to attend and participate in good faith. The Company is also required to participate in the Video Conference by sending one or more of its representatives, and the Company may also send one or more of its attorneys. If you are unable to participate in the Video Conference by video, you may attend telephonically if you certify in writing that circumstances exist that prevent you from appearing by video (such as your lack of access to phone with a working camera or your inability to connect to a stable internet connection). You and we agree that we (and our attorneys, if represented) shall work cooperatively to schedule the Video Conference at the earliest mutually-convenient time after we receive a Notice. You and we also agree to use our best efforts to resolve the Dispute at the Video Conference. If you and we cannot resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed), you or we may commence an arbitration proceeding or a small claims court proceeding.
9.7. Compliance with these Informal Dispute Resolution Procedures is Mandatory and Pre-Filing Notice procedures (including the Video Conference requirement) are a condition precedent to initiating any arbitration or small claims court action. Failure to follow the procedures is a breach of this Arbitration Agreement.
9.8. The Mandatory Pre-Filing Notice procedures are essential so that you and the Company have a meaningful opportunity to resolve Disputes in an inexpensive and efficient manner. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any demand for arbitration unless the party bringing the demand for arbitration certifies in writing that the Mandatory Pre-Filing Notice procedures (including the Video Conference requirement) were fully satisfied. If the party bringing the demand for arbitration fails to include a written certification that the Pre-Filing Notice procedures (including the Video Conference) were met, then the arbitration forum shall administratively close the demand for arbitration and no fees shall be due from the responding party. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action accordingly.
9.9. All offers, promises, conduct, and statements made in the course of the Mandatory Pre-Filing Notice process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except as required to certify in writing that the Mandatory Pre-Filing Notice procedures were completed before submitting a demand for arbitration). Evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable by this section.
Small Claims Court
9.10. Subject to applicable jurisdictional requirements and Mandatory Pre-Filing Notice requirements explained above, you or the Company may elect to pursue a Dispute in a local small claims court rather than through arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will administratively close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
What is Arbitration?
9.11. Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award some of the same individualized damages and relief that a court can award. An arbitrator cannot, however, order a party to act or stop doing something—this is known as “equitable relief.” Either you or we can go to court and seek equitable relief, including by filing a motion to compel the other party to follow this Arbitration Agreement. However, you and we agree that the only courts where we will seek equitable relief are the state and federal courts in Delaware. This exception for equitable relief does not waive this Arbitration Agreement. You and we agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this provision. A court of competent jurisdiction has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of these terms and the termination of your account.
10. CLASS ACTION AND JURY TRIAL WAIVER
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Summary: We hope everything runs smoothly, but if something does come up, we’re committed to handling it in a fair and respectful way. Before taking any formal steps, both you and the Company agree to try resolving the issue informally—this includes sharing some basic details in writing and having a short video call to talk things through. If we’re not able to reach a resolution that way, most disputes will be handled through binding arbitration rather than going to court. That means:
You still have the option to bring individual claims in small claims court, and if arbitration doesn’t feel right for you, you can opt out within 31 days of first agreeing to the Terms—just follow the steps in Section 10.23. Our goal is to keep this process clear, respectful, and as simple as possible for everyone involved. |
10.1. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT DESCRIBED ABOVE). YOU AND THE COMPANY EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST THE OTHER, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST THE COMPANY. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE LITIGATED IN COURT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED BASIS.
10.2. EXCEPT FOR THE MASS FILING PROCEDURES DESCRIBED BELOW, YOU AND WE AGREE THAT
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THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM.
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THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.
10.3. IF A COURT DETERMINES THAT ANY OF THE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE FOR A PARTICULAR CLAIM OR REQUEST FOR RELIEF, AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND THE COMPANY AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCEDURE) SHALL BE NULL AND VOID.
Arbitration Procedure
10.4. The arbitration will be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), as modified by this Arbitration Agreement, and will be administered by NAM. The NAM Rules are available online at www.namadr.com or by requesting them in writing at the Notice address listed above. You may obtain a form to initiate arbitration with NAM at: https://www.namadr.com/content/uploads/2024/03/Comprehensive-Demand-for-Arb-revised-3.21.2024.pdf or by contacting NAM.
10.5. If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.
10.6. You and we agree that the party initiating arbitration must submit a written certification that they have complied with and completed the Mandatory Pre-Filing Notice and Informal Dispute Resolution Procedures requirements enclosed with any demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their attorney, if represented).
10.7. The arbitration will be in English. A single independent and impartial arbitrator will be appointed remotely pursuant to the NAM Rules, as modified herein. You and the Company agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties or the arbitrator decides that a formal hearing is necessary.; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
10.8. If an in-person hearing is required and you reside in the United States, the hearing will take place in either Delaware, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the NAM Rules.
10.9. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Florida in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings.
10.10. The Arbitrator is bound by and shall adhere to this Arbitration Agreement. In the event NAM Rules conflict with this Arbitration Agreement, the terms of this Arbitration Agreement shall control. If the Arbitrator determines that strict application of any term of this Arbitration Agreement would result in a fundamentally unfair arbitration, then the Arbitrator shall have the authority to modify such term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with efficient and inexpensive resolution of Disputes.
10.11. Unless you and Сompany otherwise agree, the arbitration will be conducted virtually via video or teleconference.
Decision of the Arbitrator
10.12. Barring extraordinary circumstances, the arbitrator will issue their decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.
10.13. The arbitration award is binding only between you and the Company and will not have any preclusive effect in another arbitration or proceeding that involves a different party.
Fees
10.14. The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith.
10.15. You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.
Confidentiality
10.16. Upon either your or our request, the Arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.
Settlement Offers and Offers of Judgment
10.17. At least ten (10) calendar days before the date set for the arbitration hearing, you or the Company may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer (which, solely for purposes of offers of judgment, may include reasonable attorneys’ fees to the extent they are recoverable by statute, in an amount not to exceed the damages awarded).
10.18. The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual settlement offer(s) or offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.
Additional Procedures for Mass Arbitration Filings
10.19. The following provisions set forth additional procedures that apply to mass arbitration filings. If ten (10) or more similar claims are asserted against the Company by the same or coordinated attorneys or are otherwise coordinated, consistent with the definition and criteria of “Mass Filings” set forth in the NAM Rules, you and we understand and agree that these additional procedures shall apply and the resolution of your dispute might be delayed. You and we agree that throughout this process, our attorneys shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You and we agree to make all reasonable efforts to maximize the integrity and efficiency of arbitration to resolve Disputes between us, particularly those involving Mass Filings, and further commit to acting in good faith to adhere to the procedures established in this section. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of claims.
10.20. Bellwether Arbitrations for Mass Filings. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated as the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be held in abeyance, and neither you nor the Company will be required to pay any such filing fees. You and the Company also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
10.21. Global Mediation in Mass Filings. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the Parties may choose to opt out of the arbitration process and proceed in court with the remaining claims. Notice of the opt-out shall be provided in writing within 60 days of the close of the Global Mediation. Absent notice of an opt-out, the arbitrations may then be filed and administered by the arbitration provider. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
10.22. Severability. If any part of this Mass Arbitration provision is declared invalid, void, or unenforceable, then that provision is severable from the Arbitration Agreement and shall not affect the validity and enforceability of the remaining provisions.
Opting Out of this Arbitration Agreement.
10.23. Method and Impact of Opting Out. You may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to: hello@epochestudios.com, (1) within 31 days after the Arbitration Agreement became effective, as indicated in the “Last Updated” date of the terms, (2) you first use of the Services. Your notice must include:
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Your name
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Your username (if any)
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The email address and/or phone number you used to set up your account (if you have one)
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An unequivocal statement that you want to opt out of this Arbitration Agreement
10.24. If you opt out of this Arbitration Agreement, all other parts of the terms and any other agreements between you and the Company will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
10.25. Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with the Company, including any revocation of consent or other action by you to end your participation in the Service or any communication with the Company.
10.26. Severability: If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
Governing Law
10.27. The laws of the State of Florida, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is shall be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defence of inconvenient forum.
11. СALIFORNIA RESIDENT
11.1. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
12. LIMITATION ON CLAIMS PERIOD
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Summary: We both agree to raise any legal claims related to the Service within one year of when the issue first happens. After that, the claim is permanently barred — meaning it can’t be brought later. This helps ensure that any concerns are addressed while the facts are still fresh. This rule is a separate legal agreement between you and the Company. |
12.1. You agree that, regardless of any statute or law to the contrary or any applicable dispute resolution process, any claim or cause of action arising from or related to the use of the Service or these Terms must be filed within one (1) year from the date the claim or cause of action first arose. Failure to do so will result in your claim being permanently barred.
12.2. The provisions of this section, titled “Limitation on Claims Period”, constitute a separate legally binding agreement between you and the Company.
13. MISCELLANEOUS PROVISIONS
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Summary: This section explains some general but important things like what happens if part of these Terms isn’t valid, how we communicate with you electronically, and how we might work with trusted partners to provide the Service. It also covers situations beyond our control (like emergencies) and lets you know how to get in touch with us. By continuing to use the Service, you’re confirming that you understand and agree to all these details. |
13.1. No failure or delay by the Company in exercising any of its rights under these Terms shall be deemed a waiver of such rights, nor shall any partial exercise of rights prevent the further enforcement of those or any other rights under these Terms. A waiver of any provision shall not constitute a waiver of any subsequent breach or default.
13.2. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remainder of these Terms shall remain in full force and effect. The invalid or unenforceable provision shall be modified or replaced to the extent necessary to make it valid and enforceable while maintaining the intent of the parties to the fullest extent permitted by law.
13.3. These Terms constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior agreements, understandings, and representations, whether written or oral. No modifications or amendments to these Terms shall be binding unless made in writing and agreed upon by both parties.
13.4. The Company may assign or transfer its rights and obligations under these Terms to any other entity, including through merger, acquisition, corporate restructuring, or novation. By continuing to use the Service, you consent to any such transfer or assignment, and a notice posted on the Service indicating the change shall constitute valid notification.
13.5. All communications between you and the Company, including notices, disclosures, and agreements, shall be conducted electronically. You acknowledge that electronic communications, including emails, platform notifications, and digital agreements, hold the same legal weight as written documents and constitute a legally binding contract. By clicking buttons labelled "SUBMIT," "CONTINUE," "REGISTER,", “BUY”, “PURCHASE” or "I AGREE", you affirm your intent to be legally bound by these Terms and acknowledge that your electronic submission constitutes a valid electronic signature.
13.6. The Company utilizes third-party providers to facilitate various operational and technical functions, including but not limited to payment processing, customer support, security enhancements, and data management. By using the Service, you acknowledge and agree that these third-party service providers may assist in delivering the Service and enhancing its functionality.
13.7. The Company shall not be liable for any failure or delay in complying with these Terms where such failure arises from circumstances beyond its reasonable control, including but not limited to force majeure events, legal or regulatory changes, cyberattacks, or unforeseen operational disruptions.
13.8. Contact Information
You may contact us at:
📧 hello@epochestudios.com
13.9. By continuing to use the Service, you acknowledge that you have read, understood, and agreed to these Terms in their entirety.
Last Updated: 16 July 2025