This contract (the “Contract”) is a binding agreement between Epublik Edições Ltda. (“Epublik”), a private legal entity, registered under CNPJ No. 37.164.585/0001-95, and the individual or entity described in its registration with Epublik (“You” or the “Author”). This Contract also applies to any other Epublik affiliate that may become a party to this Contract. An “affiliate” is an entity that, directly or indirectly, controls, is controlled by or is under common control with a party of Epublik. “Epublik” or “we” means, jointly, Epublik and its affiliates. This Contract sets out the obligations and responsibilities of each party on the content self-publishing platform available through Epublik's website, https://epublik.com.br/, (the “Platform”), including the distribution of digital content through the platform (all such content, “Digital Books”) and the distribution of printed content through the platform (all such content, “Printed Books” and, together with Digital Books, “Books”).
1. Acceptance of the Contract.
By selecting the specific option made available upon registration and using our services, You declare that You are aware of the rights and obligations arising from this Contract, this instrument constituting the entire agreement between the parties. You further represent and warrant that You have full legal capacity to enter into this Contract and to fully comply with the financial, fiscal and tax obligations arising from it. You therefore declare that You have read, understood and accepted all the terms and conditions of this Contract. Access to the Platform's features is conditioned upon acceptance of and agreement with this Contract, which applies to any person who makes use of its features. If You disagree with the terms established herein, You must stop using the Platform and cancel your registration. If You do not accept the terms, you will not have the right to use the Platform. If the Author is a legal entity, the individual who accepts this Contract on behalf of the Author represents and warrants that they have the right to enter into this Contract as an authorized representative of the Author and to bind the legal entity to the terms of this Contract. You acknowledge that the operations corresponding to the acceptance of certain options will be recorded in Epublik's databases, together with the date and time on which the acceptance was expressed by You, and that such information may be used as evidence of your acceptance of the option, regardless of any other formality.
2. Contractual changes.
The Platform and the terms of this Contract will change over time. We reserve the right to change the terms of this Contract at any time, at our sole discretion. We will give notice of changes by publishing the new version of the Contract in place of the previous one, at https://epublik.com.br/, with the revision date indicated at the top, or we will send an e-mail to the electronic address registered in your account on the Platform. Any new resources that increase or improve the current services, including the release or removal of new tools and features on the Platform, will also be subject to the Contract. You understand and agree that, as soon as a change to this Contract is published, use of the Platform becomes subject to the updated Contract. You may, at any time, access the updated version of the Contract through the website https://epublik.com.br/.
3. Protection of Personal Data.
So that You may have access to the Platform's features, the following personal data and information, provided directly by you, may be collected:
a) Registration information: full name, CPF, CNPJ, date of birth, e-mail and telephone and mobile numbers.b) information included in the book: when using the Platform's features, You may include personal data of your own or of third parties, for which You are responsible.c) Payment information: full name, CPF, CNPJ, credit card data, debit card data, date of birth, e-mail, address and telephone and mobile numbers.d) Banking information: bank account data for the purpose of receiving amounts arising from the sale and distribution of the Books.
The personal data provided by You or generated through the use of the Platform will be used solely for the following purposes:
a) Sending relevant communications, such as administrative notices or alerts;b) Allowing access to and use of the Platform's services, tools and features;c) Generating generic and anonymized statistical data, intended to monitor use of the Platform;d) Carrying out marketing research, planning and developing new Epublik projects and services;e) Identifying your needs in order to improve the services offered to you;f) Solving problems on the Platform, verifying your information and protecting the Platform against errors, fraud or any other electronic crime;g) Sending electronic correspondence of an informative, commercial and/or promotional nature;h) Charging for the services provided;i) Processing payments and bank transfers arising from the sale of the Books;j) Rendering accounts regarding the sales made through the Platform and the distribution channels;k) Complying with legal or regulatory obligations; andl) Regular exercise of rights in administrative or judicial proceedings.
The processing of your personal data complies with Law No. 13.709/2018 (LGPD) and is based on the legal basis appropriate to each purpose: (i) performance of a contract and of preliminary procedures (art. 7, V) for registration, access, sales intermediation, payment processing, transfers and rendering of accounts; (ii) compliance with a legal or regulatory obligation (art. 7, II); (iii) legitimate interest (art. 7, IX) for fraud prevention, information security and improvement of the services, subject to a proportionality assessment; (iv) regular exercise of rights in proceedings (art. 7, VI); and (v) consent (art. 7, I), reserved exclusively for marketing and promotional communications.
Optional consent. Consent for marketing purposes is highlighted and optional, and may be refused or revoked at any time, without prejudice to access to the Platform, under the terms of art. 8, §3, of the LGPD.
Minors. The Platform is not intended for persons under 18 years of age without due representation or assistance. The registration of a minor requires the identification and the specific and highlighted consent of at least one of the parents or of the legal guardian, in the best interest of the minor (art. 14 of the LGPD), only strictly necessary data being collected. If You are not of legal age, your parents or legal guardians must be identified in the registration for your legal representation, as a fundamental requirement. Epublik reserves the right to add special protections, including the removal of personal data and the restriction of access to minors' registrations. Although Epublik cannot absolutely control whether minors will obtain unauthorized access to the Platform, your registration may be deactivated and cancelled without prior notice if there is suspicion that You are a minor and there is no satisfactory evidence or assurance that your legal guardian does in fact authorize your participation.
International transfer. When using services that involve platforms or providers based abroad, You acknowledge that there may be an international transfer of personal data, carried out on the basis of art. 33 of the LGPD (performance of a contract, consent or contractual guarantees of an adequate standard of protection).
Data subject rights and Data Protection Officer. You may exercise the rights set out in art. 18 of the LGPD (confirmation, access, correction, anonymization, portability, deletion and revocation of consent) through the service channel indicated on the Platform.
By accepting this Contract, You declare that You are aware of, and consent, freely, in an informed and unequivocal manner, to the collection, use, storage and processing of your personal data by Epublik for the specific purposes listed above, in accordance with Law No. 13.709/2018 (Brazilian General Data Protection Law – “LGPD”).
You consent that, when accessing the Platform, Epublik may collect technical browsing information, such as the type of browser of the computer used for access, Internet Protocol address, pages visited and average time spent on the Platform. Such information will be collected for the purpose of guiding You and improving the services offered. You will be solely responsible for the accuracy, quality and legality of the personal data made available on the Platform. If there is any change to the data provided, You must inform Epublik by amending the respective registration on the Platform. Epublik is not responsible for outdated or incorrect information entered on the Platform by You. Your login and password for access to the Platform are personal and non-transferable, and You must take all appropriate measures to ensure their confidentiality. Furthermore, the strength of the password is your exclusive responsibility. You agree not to use another user's account, and not to allow an unauthorized third party to use it for any purpose, including changing or disclosing your data, and therefore agree not to disclose password information to unauthorized third parties. If You believe that your access credentials have been stolen, or are known to other people, for any reason, You must immediately notify Epublik, without prejudice to immediately changing your password through the Platform. Your personal data may be transferred to third parties as a result of a sale, acquisition, merger, corporate reorganization or any other change in the control of Epublik. Should any of these events occur, You will be informed in advance and, if You do not wish to continue using the Platform, You may delete your access account, as well as terminate the engagement of Epublik's services. You declare, through this provision, that You agree with the use, collection, storage and processing of the information stored on Epublik's server, including personal, financial, banking and account data, and all other actions necessary for the service that is the subject of this Contract to be fully provided. Multiple accounts are not permitted. You must ensure that all information provided when creating your account on the Platform (such as name, address and e-mail) is accurate and will be kept up to date for as long as you use the Platform. You may only maintain a single account at a time. If we terminate your account, you will not create a new account. You will not use false identities, nor impersonate another person or use a username or password that you are not authorized to use. You authorize us, directly or through third parties, to make any inquiries we deem appropriate to verify the account information provided. Epublik undertakes to keep confidential and in safe custody the banking data and credit card data provided by You, undertaking not to disclose or share such information, except where there is a court order to that effect. You authorize Epublik to share the banking data and credit card data provided by You with a company that may be engaged by Epublik for the purpose of operating the payments to be made.
4. Term and termination.
This Contract will remain in force for an indefinite term, as from its acceptance, and may be modified or terminated unilaterally by Epublik at any time, without any charge, upon simple notice through the Platform itself, or by a message sent to the e-mail address indicated in your registration. You may, at any time, request the suspension and/or deletion of your Platform access account, terminating your relationship with Epublik, upon a request made directly through the Platform. If You opt for the suspension of your Platform access account, the services provided by Epublik to You will be halted, but Epublik reserves the right to retain your registration information until You request the permanent deletion of your account. If You request the deletion of your Platform access account and of your personal data, Epublik will keep in its database only the personal data whose retention is authorized by the legislation in force, such as, for example, for the defense of its interests in any judicial proceedings. With respect to the Books included on the Platform by You, Epublik reserves the right to delete such Books from its database, without keeping a copy for itself, in the event of termination of the Contract. After the termination or suspension of this Contract, we will not be able to fulfill any requests for digital files of your Books.
5. Self-publishing and Book content.
Delivery. You must provide us, on your own account, with each piece of content that you wish to use for the self-publishing of the Book you wish to produce on our platform. We will not return any electronic file, physical content or media provided by You in connection with the Platform. All files sent by You must be free of viruses, worms and other code that may cause damage and/or problems.
Content requirements. You must ensure that all Book content complies with our policies at the time it is sent to us. If You notice that the content sent does not meet the necessary requirements, You must immediately withdraw such content, cancelling the publication or republishing the appropriate content through the Platform's procedures for withdrawal or republication of the Book. If Epublik becomes aware that the content does not comply with our policies, we may contact You to request that it be brought into compliance and, if there is no solution, delete such content. You must ensure that all metadata provided is current, complete and accurate. If You notice that the metadata provided for a Book is inaccurate or incomplete, You must submit the corrected metadata immediately through the Platform's metadata submission procedures, and, if you do not submit it as requested above, the result of the final product is your sole responsibility.
Responsibility for the Book content. The type of content entered on the Platform is the Author's sole responsibility, and it is not Epublik's responsibility to reject, approve, curate or assess whether the content infringes any legal or social ethics rule. If we request additional information regarding your Books, such as information confirming that You have all the rights necessary to allow our production, You will immediately provide the requested information. You represent and warrant that all information and documents that You provide to us in response to such a request will be current, complete and accurate. You authorize us, directly or through third parties, to make any inquiries we deem appropriate to verify whether You have the rights that allow the production of the Book through our Platform and to verify the accuracy of the information and documents provided in connection with those rights. Making such inquiries and analyses in no way releases the Author from responsibility for the Book content.
Withdrawal of a Book. Your Digital Books and Printed Books will not be sold or printed on demand by Epublik without your authorization. You may withdraw them from the Platform's database at any time, upon 5 (five) business days' prior notice.
Reformatting. After the Book is finalized, we have no responsibility to reformat or correct your Books, and You acknowledge that unintentional errors may occur during the process of composing your Books. If such errors occur, You may remove the Book in question. This will be your sole remedy for the errors.
Reviews. You are subject to the same rules as any other customers who contribute reviews of works to Epublik's website. We reserve the right to remove any reviews that violate the criteria of Epublik's Platform.
Grant of rights. During the term of this Contract, You grant Epublik the non-exclusive and irrevocable right and license to digitally store the content made available by You and the Book.
Representations, warranties and indemnities. You represent and warrant that: (a) You have full right, power and authority to enter into and fully perform this Contract and to comply with the terms hereof; (b) before You or your representative deliver any content, You have obtained all rights necessary for the exercise of the rights granted under this Contract; (c) neither the exercise of the rights authorized under this Contract, nor any of the materials incorporated in the content and its sale or distribution as authorized in this Contract, will violate or infringe the intellectual property, property rights or other rights of any individual or legal entity, including, without limitation, contractual rights, copyright, trademark rights, publicity and/or privacy rights, personal data protection rights or moral rights, or contain defamatory material and/or violate any laws or regulations of any jurisdiction; (d) all Books that have been delivered through the Platform will comply with the technical specifications for availability provided by us; (e) You will be solely responsible for the accounting and payment to co-authors, co-owners or co-administrators of any Book or part thereof, as well as royalties related to the use of the content and the respective shares, if applicable, of any amounts due under this Contract; and (f) You will not attempt to exploit Epublik's service or any other program or service provided by us in a manner other than as set out in this Contract. To the maximum extent permitted by the legislation in force, You must indemnify, defend and hold harmless Epublik, its officers, directors, employees, affiliates, subcontractors and assignees from and against any loss, claim, liability, damage, action or cause of action (including attorneys' fees) arising from any breach of your representations, warranties or obligations set out in this Contract. We will have the right, at our own expense, to participate in the defense and settlement of the claim or action with counsel of our choosing.
6. Distribution Service
Engagement and Purpose of the Service. In addition to self-publishing, You may, at your sole discretion, engage the intermediation service for the distribution of your Books (the “Distribution Service”), through which Epublik will seek to enable the sale of the Books on third-party platforms and channels to be chosen by Epublik, including, but not limited to, marketplaces and electronic subscription platforms. Engaging the Distribution Service is optional and not mandatory for the publication of Books on the Platform, being an additional service made available to You upon specific engagement.
Digital account. The net amounts obtained from the sale of the Books through the Distribution Service will be credited to a digital account held by you, made available on the Platform itself (the "Author's Digital Account"). The Author's Digital Account will have the exclusive function of storing and managing the amounts owed to the Author for the sales made through the Distribution Service.
Use of amounts. The amounts available in the Author's Digital Account may be used by You to pay for any service made available by Epublik on the Platform.
Withdrawal of amounts. The withdrawal of amounts from the Author's Digital Account may be requested when the balance reaches the minimum of R$ 500,00 (five hundred reais). If You do not reach the minimum balance indicated, You may also request the withdrawal in the months of January and July of each year. Withdrawals will be processed upon the Author's request through the Platform, and payment will be made within 10 (ten) business days after the request, by bank transfer to the account indicated by the Author in their registration. It is the Author's exclusive responsibility to keep their banking data up to date. Epublik is not responsible for delays, errors or the impossibility of payment arising from incorrect or outdated banking information.
Calculation of net amounts. The amount of the credit to be made available in the Author's Digital Account will be the net result of the sale, after the deduction of: (i) commissions charged by the third-party platforms used for the sale of the Books (such as Amazon, Google Play Books and others), as well as the commissions due for making the Book available on electronic subscription platforms; (ii) the commission due to Epublik for the intermediation of the Distribution Service; and (iii) the commission due to the intermediary that may be engaged by Epublik to enable the distribution. These commissions are set and changed unilaterally by the third-party platforms or the party involved, in accordance with the policy in force of each party, which You accept and agree to, releasing Epublik from any liability. The commission due to Epublik for the intermediation of the Distribution Service, the percentage of which will be informed to You at the time the service is engaged, may be changed upon 30 (thirty) days' prior notice. Within the scope of the Distribution Service, the final sale price of the Books on third-party platforms may be subject to the pricing policies and requirements of such platforms. You declare that You are aware of and agree that Epublik has no control over third-party pricing policies, and that the final price may vary across different sales channels. You are solely responsible for monitoring and accepting the commission policies of the third-party platforms. The commissions mentioned in item (a) are applied automatically in accordance with the policy in force of each third-party platform at the time of the sale, without any interference or control by Epublik. Epublik does not guarantee the maintenance of the commercial conditions practiced by the third-party platforms. Within the scope of the Distribution Service, the final sale price of the Books on third-party platforms may be subject to the pricing policies and requirements of such platforms, including, but not limited to, price adjustments for parity with other channels, mandatory promotions and currency conversions. You declare that You are aware of and agree that Epublik has no control over the pricing policies, promotions or commercial practices of third parties, and that the final sale price may vary across different sales channels and geographic regions. Epublik reserves the right to adjust the price of the Books on third-party platforms in order to comply with the technical and commercial requirements of such platforms, which You hereby authorize, no specific authorization being necessary for that purpose. All deductions mentioned in this clause will be applied prior to the crediting of the amounts to the Author's Digital Account, so that the amount credited already represents the net amount owed to You.
Provision of the suggested price. We do not offer any consultancy or guidance on the price of the Book produced on our Platform, it being at the Author's discretion and full responsibility to define the prices and sales channels of their books.
Royalties. We have no responsibility for the sale of Books and, therefore, we will not pay any royalty, commission or any other remuneration to the Author who uses our Platform, beyond the transfers with all the deductions provided for herein.
Taxes. Epublik is not responsible for taxes owed by You by reason of the sale of the Books, You being solely responsible for the declaration and payment of taxes on the amounts transferred to you. You are solely responsible for the declaration and payment of all taxes levied on the amounts received through the Distribution Service, including, but not limited to, Income Tax, social security contributions and any other applicable taxes under Brazilian legislation. Epublik may be required to withhold taxes at source as determined by law, in which case the net amount credited to You will already be net of such withholdings.
Rendering of accounts and sales reports. The rendering of accounts for the sales made through the Distribution Service will be carried out by sending periodic reports to the Author. These reports will be made available on the Platform within 60 (sixty) calendar days after the end of the reference month of the sales. The reports will contain information on:
a) Name of the work;b) Number of units sold per distribution channel; andc) Net amounts credited to the Author's Digital Account.
The Author acknowledges and accepts that the 60 (sixty) day period for making the reports available results from the fact that the third-party platforms report sales to Epublik with variable delays, and that Epublik depends on receiving that information in order to consolidate the reports.
Period for contesting and tacit approval. Should You have any question regarding the amounts received, the Author's Digital Account or the sales reports, and need any additional information, You must request it from Epublik in writing, through its service channel, within a maximum period of 10 (ten) business days counted from the date the sales report is made available or from the credit to the Author's Digital Account, whichever occurs first. Once the 10 (ten) day period has elapsed without any manifestation, the accounts will be deemed duly rendered, accepted and settled, and You will have no right to any subsequent complaint about the amounts reported in the period in question. Should there be any error on Epublik's part, it will have up to 10 (ten) business days to correct it, after receiving the notice.
Amount simulation calculator. Epublik makes available, on the Platform, a calculator for simulating the net amounts that You would receive for the sale of the Books through the Distribution Service. You acknowledge and agree that:
a) The calculator presents only an estimate of the net amounts;b) The amounts actually received by the Author may differ from the amounts estimated by the calculator;c) The estimate is subject to change, above all because commissions and pricing policies are applied in accordance with third-party platforms, over which Epublik has no responsibility, control or influence;d) The calculator does not constitute a promise, guarantee or commitment by Epublik as to the amounts that will actually be received; ande) Any divergences between the amounts estimated by the calculator and the amounts actually credited to the Author's Digital Account do not give rise to any right to set-off, indemnification or any other form of reimbursement.
Responsibilities and limitations. You expressly acknowledge and agree that:
a) Epublik acts exclusively as an intermediary between the Author and the third-party platforms, and is not responsible for the policies, commercial practices, systems, technical failures or decisions of the third-party platforms;b) Epublik does not guarantee the acceptance of the Books by the third-party platforms, which may reject, remove or suspend the sale of the Books at any time and for any reason;c) Epublik is not responsible for delays, failures or inaccuracies in the sales reports provided by the third-party platforms;d) Epublik is not responsible for the temporary or permanent unavailability of the distribution channels;e) Epublik is not responsible for changes to the commissions, pricing policies or commercial conditions imposed by the third-party platforms;f) Epublik does not guarantee sales volume, visibility or commercial performance;g) In the event of divergences, complaints or disputes involving the third-party platforms, Epublik will act cooperatively to assist the Author, but does not assume responsibility for the outcome of such matters; andh) Epublik is not responsible for the Book content, so that any violation of a third party's right will be borne entirely by You, Epublik being released from any liability.
Withholdings and Set-offs. Epublik may withhold amounts from the Author's Digital Account or set them off against future payments in the following situations:
a) When there are reversals, returns or refunds of sales previously credited;b) When there are chargebacks or payment disputes by buyers;c) When there is suspicion or confirmation of fraud, unlawful activity or violation of this Contract;d) When there is a judicial or administrative order to block or withhold amounts;e) When there are amounts owed by the Author to Epublik for any reason, including debts for engaged services; andf) When the third-party platforms withhold or reverse amounts previously transferred to Epublik.
Epublik will inform the Author about the withholding or set-off, to the extent possible and as permitted by the applicable legislation, providing justification and documentation when available.
Distribution processing period. After the Distribution Service is engaged and the Books are sent by Epublik to the third-party platforms, the period for making the Books available on the sales channels may vary according to the internal processes of each platform, and may take from a few days to several weeks. Epublik has no control over these periods.
Removal of the Books from the distribution channels. The Author may request the removal of their Books from the distribution channels at any time, upon a request through the Platform. Epublik will process the request and notify the third-party platforms within 10 (ten) business days. The effective removal period will depend on the processes of each third-party platform, and may take up to 60 (sixty) calendar days or another period established by the platform. Epublik is not responsible for sales made during the period between the removal request and the effective withdrawal of the Books from the distribution channels, and all sales made until the effective removal will be processed normally in accordance with the rules of this Contract.
7. Printing Services (Print On Demand - PoD and Physical Copies)
Epublik makes available to the Author, upon specific engagement and payment of the corresponding amounts, the possibility of engaging printing services, which may include: (i) the printing on demand (Print on Demand – PoD) of the Printed Book, being a unit printing service for the Printed Book, performed upon a specific order, to fulfill individual orders from buyers or from the Author; and (ii) the engagement of the printing of a given number of physical copies (print run) of the Printed Book, with delivery to the Author or to a recipient indicated by them. The printing services are independent of one another and may be engaged separately, according to the Author's needs and interests. The amounts, delivery periods, technical specifications and commercial conditions of each printing service option will be informed to the Author at the time of engagement, through the Platform or by other means of communication made available by Epublik.
Author's responsibility. The Author is solely and exclusively responsible for the formatting, layout, text revision, spelling, grammar, image quality, technical adequacy of the files and all other elements of the Book provided to Epublik for printing. Epublik is not responsible for any failure, defect, error or imperfection in the printing that is caused by an error, omission, inadequacy or poor quality of the file provided by the Author, including, but not limited to: (a) incorrect formatting or formatting incompatible with the technical requirements of the printing; (b) corrupted, incomplete files or files in an inadequate format; (c) typing, spelling or grammar errors; (d) low-resolution images or images of inadequate quality for printing; (e) problems with layout, margins, bleeds or other technical aspects; (f) failures in the PDF file or in any other file format provided; (g) use of typefaces that are not permitted, not licensed or that cause rendering problems; or (h) any other issues related to the content or technical quality of the file provided by the Author. Before authorizing the printing, the Author must carefully review the final file and, where applicable, approve a digital or physical proof of the Book. Approval by the Author implies their agreement with the file and releases Epublik from possible errors or imperfections arising from the original file. If the Author identifies errors in the file only after printing, and such errors are demonstrably originated from the file provided by the Author (and not from a failure in the printing process), the Author will bear in full the costs of a new printing, no reimbursement, refund or compensation being due from Epublik. By engaging the printing services, the Author represents and warrants that they hold all copyright and licenses necessary for the reproduction of the Book content in printed format, including rights over texts, images, photographs, illustrations and any other elements that make up the Book. The Author releases Epublik from any liability for the violation of third-party rights related to the content of the Printed Book.
Printing quality guarantee. Epublik guarantees that the printing of the Printed Books will be carried out in accordance with the technical specifications and quality standards defined by Epublik and/or presented to the Author at the time the service is engaged. The guarantee mentioned is restricted exclusively to manufacturing defects or problems in the printing process that are Epublik's responsibility or that of the engaged printing house. In the event of a proven manufacturing defect, Epublik undertakes, at its sole discretion, to: (a) reprint the Book at no additional cost to the Author; or (b) refund the amount paid by the Author for the defective copy. For the guarantee to be applicable, the Author must report the defect to Epublik within 7 (seven) calendar days counted from receipt of the Printed Book, providing photographs or other evidence proving the defect. Complaints submitted after this period will not be considered. The guarantee provided for in this clause does not apply to: (a) Printed Books that have been damaged after receipt by the Author or by the final recipient; (b) subjective divergences related to the Author's personal preferences as to colors, tones or other aesthetic aspects that are within the technical standards of printing; (c) natural variations of the offset or digital printing process that do not constitute a defect; (d) Books sold to third parties through the Platform, the guarantee in these cases being governed by the relationship between Epublik and the final buyer, as applicable.
Production and delivery periods. The production and delivery periods for the Printed Books will be informed to the Author at the time the service is engaged and may vary according to the printing option, technical specifications, number of copies and delivery location. Epublik will use its best efforts to meet the periods informed, but is not responsible for delays arising from: (a) fortuitous event or force majeure; (b) strikes or stoppages of carriers; (c) operational problems of the carriers or of the postal service; (d) delay in approval by the Author; (e) the need for corrections or adjustments to the file provided by the Author; (f) delays caused by the printing house or suppliers engaged by Epublik, unless gross negligence or willful misconduct is demonstrated. Ownership of the Printed Books is transferred to the Author (in the case of a print run engaged by the Author) or to the final buyer (in the case of printing on demand) only after effective delivery and full payment of the agreed price. Epublik does not keep stock of Printed Books. All printing services are performed on demand or upon a specific order. Epublik is not responsible for the storage of Printed Books after delivery to the Author or to the indicated recipient.
8. Marketplace
Epublik also acts as an intermediary, providing technological infrastructure, a payment system, logistics management and protection mechanisms through a marketplace. Epublik does not own the products advertised by third parties (except where expressly indicated), does not guarantee their quality, origin or conformity, nor does it interfere in the setting of prices. All the provisions of this Contract apply to the marketplace, as applicable, the specific rules of this Clause prevailing in the event of a conflict.
The purchase and sale relationship is established directly between the Buyer and the Seller, and it is up to Epublik only to make available the technological intermediation environment.
Obligations and responsibilities of Sellers. Sellers must maintain a verified account, comply with applicable legislation, provide truthful descriptions, real photographs and complete information about each product, including edition, ISBN, condition and relevant characteristics. The sale of plagiarized books, illegal products or materials that infringe copyright is prohibited. The Seller is fully responsible for issuing invoices, for complying with tax obligations and for properly shipping the products within the deadline. They must also answer Buyers' questions, accept returns provided for by law and guarantee the quality and conformity of the items. Epublik may request proof of origin, invoices, reports and additional documentation. Reputation, cancellation rate and customer service influence search position and access to benefits.
Verification and disintermediation. The Seller agrees to submit to identity and integrity verification procedures and to provide supporting documents when requested, as a condition for advertising and receiving amounts. The Seller is prohibited from inducing Buyers to complete transactions outside the Platform, disclosing contact details for that purpose or otherwise circumventing the marketplace's fees and protection mechanisms, under penalty of the sanctions provided for in this Contract.
The type of product made available on the Platform is the Seller's sole responsibility, and it is not Epublik's responsibility to reject, approve, curate or assess whether the product infringes any legal or social ethics rule. If we request additional information regarding your products, such as information confirming that You have all the rights necessary to allow the distribution, You will immediately provide the requested information. You represent and warrant that all information and documents that You provide to us in response to such a request will be current, complete and accurate. You authorize us, directly or through third parties, to make any inquiries we deem appropriate to verify whether You have the rights that allow the distribution of the products through our Platform and to verify the accuracy of the information and documents provided in connection with those rights. Making such inquiries and analyses in no way releases the Seller from responsibility for the product.
You are subject to the same rules as any other customers who contribute reviews of works to Epublik's website. We reserve the right to remove any reviews that violate the criteria of Epublik's Platform.
You represent and warrant that: (a) You have full right, power and authority to enter into and fully perform this Contract and to comply with the terms hereof; (b) before You or your representative deliver any content, You have obtained all rights necessary for the exercise of the rights granted under this Contract; (c) neither the exercise of the rights authorized under this Contract, nor any of the materials incorporated in the content and its sale or distribution as authorized in this Contract, will violate or infringe the intellectual property, property rights or other rights of any individual or legal entity, including, without limitation, contractual rights, copyright, trademark rights, publicity and/or privacy rights, personal data protection rights or moral rights, or contain defamatory material and/or violate any laws or regulations of any jurisdiction; (d) You will not attempt to exploit Epublik's service or any other program or service provided by us in a manner other than as set out in this Contract.
To the maximum extent permitted by the legislation in force, You must indemnify, defend and hold harmless Epublik, its officers, directors, employees, affiliates, subcontractors and assignees from and against any loss, claim, liability, damage, action or cause of action (including attorneys' fees) arising from any breach of your representations, warranties or obligations set out in this Contract. We will have the right, at our own expense, to participate in the defense and settlement of the claim or action with counsel of our choosing.
Rights and responsibilities of Buyers. The Buyer must assess descriptions, check the Seller's reputation and verify deadlines and conditions before purchasing. Payment may be made by card, PIX, bank slip, credit with Epublik or other methods made available. Upon receiving the product, the Buyer must check its integrity and conformity. The right of withdrawal may be exercised within 7 days, provided that the product is in resalable condition; digital content is not refundable after download. The Buyer must provide a correct address, follow up on deliveries and not make fraudulent purchases.
Capacity. Making purchases requires full civil capacity; persons under 18 years of age may only contract upon representation or assistance by their legal guardian.
Pricing and fees. Browsing the Platform is free of charge. Epublik charges fees to Sellers for listings, commissions on sales, logistics services, premium tools and additional features, as agreed with the Seller. The fees may be changed upon 5 days' prior notice. Debits may be set off automatically against account credits. Default may result in suspension or judicial collection.
Logistics and shipping. Shipping may be carried out by the Seller directly or through the shipping made available by Epublik, subject to specific terms. The Seller must package the items correctly, post them within the deadline and provide a tracking code. The Buyer must provide a correct address and follow up on delivery attempts. Loss, damage or delay are handled in accordance with logistics rules. Returns follow the withdrawal, defect and reverse logistics policies.
Payments. Payments are processed by a proprietary system or by approved partners. The amounts paid are held in escrow until delivery is confirmed. After validation, the transfer is released to the Seller, less the fees.
Chargebacks are the Seller's responsibility in the event of a shipping failure, fraud, misleading description or lack of evidence.
Epublik is not responsible for taxes owed by You, You being solely responsible for the declaration and payment of taxes on the amounts transferred to you. You are solely responsible for the declaration and payment of all taxes levied on the amounts received, including, but not limited to, Income Tax, social security contributions and any other applicable taxes under Brazilian legislation. Epublik may be required to withhold taxes at source as determined by law, in which case the net amount credited to You will already be net of such withholdings.
Escrow and release. The amounts remain in escrow until delivery is confirmed, and the transfer to the Seller is released after the period for any complaint or withdrawal has elapsed, less the fees. In the event of a dispute, cancellation, withdrawal or defect, the amounts may be withheld, reversed or refunded to the Buyer, in accordance with the applicable solution.
Acceptable use of the platform. The Platform's marketplace is intended exclusively for the legitimate sale of physical books, digital books and related products, as well as for the interaction between buyers and sellers. It is prohibited to use the Platform for illegal activities, fraud, the sale of counterfeit products, copyright infringement, sending spam, harassment, manipulation of reviews, data scraping, the use of bots or any attempt to compromise the security of the system. Epublik may monitor activities, remove content and cooperate with the authorities when necessary.
Prohibited and restricted products. Without prejudice to the other prohibitions of this Contract, it is prohibited to offer, on the Platform: (a) pirated, counterfeit works, works reproduced without authorization or works that violate copyright, trademarks or third-party rights; (b) unlawful, defamatory, discriminatory content or content that incites violence, or that violates personality rights; (c) material that exploits or exposes children and adolescents; (d) works whose sale depends on legal authorization or an age rating that has not been observed; and (e) any products prohibited by the applicable legislation or by the Platform's policies.
Certain categories may be restricted or subject to additional requirements of proof of origin, age range or licensing, in accordance with specific policies published on the Platform, and Epublik may remove non-compliant listings in the manner set out in the Sanctions clause.
Sanctions and consequences. Violation of this Contract may result in warnings, temporary suspension, restriction of features, cancellation of listings, withholding of amounts, permanent deactivation of the account, prevention of new registration and communication to the authorities. Epublik may withhold amounts to secure the payment of fees, offset losses or comply with legal orders. You may request a review of sanctions within 15 days through Epublik's official channels.
Epublik's intellectual property. Subject to the authorizations granted under this Contract, the Seller retains all intellectual property rights, copyright and other rights related to the Works or products that they enter on the Platform (“User Content”). Epublik does not claim ownership of such content, except as to the licenses necessary for the operation of the Platform.
Epublik is the exclusive holder of all rights related to the Platform, including software, source code, features, tools, database, layout, interface, recommendation systems, algorithms, trademarks, trade names, institutional content and any materials made available to the Seller (“Epublik's Property”).
The Seller does not acquire any ownership right or implied license over the Platform or its Property, except where expressly granted in this Contract.
By entering any content on the Platform — including texts, covers, images, photographs, graphics, metadata, descriptions or any other material related to the products — the Seller automatically grants Epublik a worldwide, non-exclusive, royalty-free, sublicensable, transferable and irrevocable license, for the term necessary for the provision of the services, to:
store, reproduce, index, catalog and organize the content;
make the content available on the Platform and its extensions;
display, publish and distribute previews, excerpts, samples and images;
use the content in internal search, categorization and recommendation mechanisms;
carry out institutional marketing of the Platform, including the promotion of catalogs, lists and collections;
carry out printing on demand, where applicable; and
comply with legal obligations, court orders and security policies.
This license is intended exclusively for the operation and functioning of the marketplace, and does not transfer ownership of the Work or product to Epublik.
The Seller represents and warrants that:
they are the holder of the copyright in the product or hold valid and verifiable authorization for its sale;
the content entered does not violate copyright, trademarks, personality rights, trade secrets or any third-party right;
they do not use the Platform to sell pirated works, works reproduced without authorization or non-original products; and
they will be fully liable for claims, indemnities, losses and damages arising from violations of third-party rights.
Epublik is expressly released from any liability for infringements committed by the Seller.
In the event of a substantiated report or proof of copyright infringement, piracy, counterfeiting, improper reproduction or unauthorized use of intellectual property, the Seller authorizes Epublik to:
provide complete registration information to the holder of the rights infringed, their representatives or the competent authorities;
immediately suspend the listing or the sale of the product;
withhold amounts arising from sales until the investigation is concluded;
temporarily block the Account when necessary.
The Seller acknowledges that any amount received from the sale of products that violate third-party rights constitutes unjust enrichment, and undertakes to return the amounts in full, in addition to any losses and damages, fines, fees and costs.
Epublik may remove, suspend or hide any product:
that violates copyright, trademarks or other third-party rights;
that is the subject of a substantiated report;
that infringes this Contract or the Platform's policies; and
upon a judicial or administrative order or a request from a competent authority.
The removal may occur without prior notice, with no right to indemnification, compensation or reimbursement.
Under no circumstances will the Seller have access to the source code, internal structure, systems, algorithms, database, artificial intelligence or any technical component of the Platform, which are the exclusive property of Epublik.
Should the Seller send suggestions, ideas, comments or improvements related to the Platform (“Comments”), Epublik may use them freely, without limitations and without any obligation of remuneration.
All rights not expressly granted to the Seller remain reserved to Epublik.
9. Epublik Education
“Epublik Education” is an additional and optional service, upon specific engagement, intended for the formatting, publication and, when engaged, distribution and printing of academic works, such as course completion works (TCC), articles and scientific papers, monographs, master's dissertations, doctoral theses and other works of an academic or educational nature (the “Academic Works”).
All the provisions of this Contract apply to the Academic Works, as applicable, the specific rules of this Clause prevailing in the event of a conflict.
Epublik acts exclusively in making available formatting, publication, distribution and printing tools, and does not carry out any assessment, review, curation, methodological or scientific validation, or evaluation of the merit of the Academic Work.
Publication through Epublik Education does not constitute, does not replace and is not equivalent to: (i) a defense, approval, degree or academic certification; (ii) peer review; (iii) the endorsement of any educational institution, examination board, supervisor or funding agency; nor (iv) scientific indexing. Any indexing, ISBN, DOI or cataloging record, when offered, constitutes a merely instrumental service and does not imply validation of the content.
Academic integrity, originality and plagiarism. You represent and warrant that the Academic Work is of your authorship (individually or in duly identified co-authorship), is original and does not contain plagiarism, improper self-plagiarism, fabrication or falsification of data, nor any form of academic fraud.
You declare that all sources, citations and references comply with copyright legislation (in particular arts. 46 and 33 of Law No. 9.610/1998) and with the applicable technical standards, You being solely responsible for any allegation of plagiarism or violation of third-party rights.
Epublik does not carry out plagiarism checks and is not responsible for its occurrence, but may immediately remove an Academic Work that is the subject of a substantiated report, under the terms of this Contract.
Rights of educational institutions, supervisors and co-authors. You represent and warrant that the publication of the Academic Work through the Platform does not violate the regulations, policies or rules of the educational institution to which You are affiliated, including any rules on legal deposit, exclusivity of the institutional repository, embargo periods, secrecy, confidentiality or restrictions arising from intellectual property (for example, works with potential for patent protection).
You are solely responsible for obtaining the necessary authorizations from co-authors, supervisor(s), the educational institution, laboratories, research groups and other holders of rights over the Academic Work, and are fully liable for their absence.
Where there is co-authorship or co-ownership, You declare that You hold authorization from all co-owners for the publication and for the receipt and apportionment of any amounts, releasing Epublik as to any internal division.
Research ethics. Epublik does not supervise or validate the ethical compliance of the research and is not responsible for its absence.
Personal data of research participants (LGPD). You are solely responsible for ensuring that the Academic Work does not improperly expose personal data of research participants or of third parties, undertaking to anonymize or pseudonymize such data and to obtain the required consents and authorizations, in compliance with the LGPD, including as to sensitive personal data (art. 11).
By entering on the Platform any personal data of third parties contained in the Work, You act as the controller of that data, releasing Epublik from liability for processing that does not comply with the law.
Funding agencies and financing. Where the Academic Work has been developed with the support of funding agencies or financiers (for example, CAPES, CNPq, FAPESP or private entities), You declare that You comply with the respective rules on disclosure, acknowledgment of support, open access, ownership and any publication restrictions, and are liable for any non-compliance.
Specific representations, warranties and indemnity. In addition to the representations provided for in this Contract, You represent and warrant, as to the Academic Works, full compliance with this Clause, undertaking to indemnify and hold Epublik harmless from any losses, claims or demands arising from plagiarism, academic fraud, violation of the rules of an educational institution or of a funding agency, absence of ethical approval, improper use of data of research participants or violation of third-party rights related to the Work.
10. Payment and cancellation conditions
You must pay Epublik the amount of the respective service chosen. The specific conditions of each service option will be informed at the time of engagement. The engagement conditions will form an integral part of this Contract. Failure to pay on the dates set for maturity will result in the suspension of access to the Platform, as well as of the provision of services by Epublik, until the outstanding financial matters are settled. The amounts established upon formalization of the acceptance may be changed at any time by Epublik, and You may choose not to engage new services should You disagree with the new amounts presented. You may opt to use the Platform in the free option. In this case, charges will only be made upon the engagement of one of the paid services offered by Epublik.
Self-publishing Service. The Author may request the cancellation of the engagement of the Self-publishing Service within 07 (seven) calendar days counted from the date of the effective engagement. The cancellation request within the period indicated will only be valid and accepted if the Author has not completed the Book self-publishing process. The service will be deemed completed and, therefore, not subject to cancellation, from the moment the Author activates the finalization, publication or similar command/button on the Platform. Once the service is deemed completed, the full amount agreed for the engagement of the service will be due, and the Author will not be entitled to any refund.
Distribution of Books. The Author may request the cancellation of the Distribution Service and the removal of their Books from the distribution channels at any time, without the need for justification, upon a formal request through the Platform or through Epublik's service channel. Epublik will process the cancellation and removal request within 5 (five) business days counted from receipt of the request, immediately starting the process of notifying the third-party platforms to withdraw the Books from their catalogs. The effective period for the complete removal of the Books from all distribution channels will depend on the processes and systems of each third-party platform, and may vary between 15 (fifteen) and 60 (sixty) calendar days counted from the notice sent by Epublik. Epublik has no control over these periods and is not responsible for delays in removal caused by the third-party platforms. The Author expressly acknowledges and agrees that sales of the Books made in the period between the cancellation/removal request and the effective withdrawal of the Books from all distribution channels will continue to be processed normally and will be governed in full by the terms of this Contract. Any sales that have already been made but that have not yet been reported by the third-party platforms to Epublik at the time of the cancellation request will also be processed in accordance with the terms of this Contract, even if the amounts are credited after the date of the cancellation request. Even after the complete removal of the Books from all distribution channels, the Author's Digital Account will remain active for the receipt of amounts relating to sales made before the effective removal, for the period necessary until the full settlement of all amounts due. If, after the cancellation of the Distribution Service and the removal of the Books, a balance of less than R$ 500,00 (five hundred reais) remains in the Author's Digital Account, this balance: a) May be withdrawn even if lower than the minimum amount of R$ 500,00, upon the Author's express request, with payment to be made within 30 (thirty) days of the request.
Should the Author wish to reactivate the Distribution Service after its cancellation, they may do so at any time through the Platform, subject to the terms and conditions in force on the date of reactivation, which may differ from the terms originally engaged. The cancellation of the Distribution Service does not give the Author the right to cancel or reverse sales already completed, nor to demand the return of copies already acquired by final buyers through the third-party platforms.
Printing. In view of the nature of the printing services, which involve immediate costs with materials, specialized labor and industrial processes that cannot be interrupted without loss, the Author expressly acknowledges and agrees that IT WILL NOT BE POSSIBLE TO CANCEL printing orders (both Print on Demand and print run printing) after the effective start of the production process. The Author may cancel a printing order AT NO ADDITIONAL COST only and solely if the cancellation request is received by Epublik BEFORE the effective start of the production process. To request the cancellation of a printing order before the start of production, the Author must make a formal request through the Platform or through Epublik's service channel. If the cancellation is accepted because it was requested before the start of production, the Author will be entitled to a full refund of the amount paid for the printing service, to be processed within 15 (fifteen) business days from confirmation of the cancellation, by means of a refund through the same payment method used upon engagement. The Author acknowledges and agrees that, where cancellation is not possible, THERE WILL BE NO REFUND of any amount paid for the printing service, and the Author must bear in full the cost of production even if they do not collect or do not use the Printed Books produced. If production has been completed and the Author cannot or does not wish to cancel the order, the Author remains obliged to:
a) Receive the Printed Books produced, at the address indicated at the time of engagement;b) Pay any additional shipping or storage costs, if applicable;c) Bear the costs of reshipment should the first delivery attempt be frustrated for a reason attributable to the Author (incorrect address, refusal of receipt, absence of the recipient, etc.).
After the start of the production process, the Author may not request modifications, changes or corrections to the Book specifications, to the file provided or to any other aspects of production. Any modification desired after that moment will require the engagement of a new printing service, with a new payment in full.
11. Ownership and Control of Epublik's Property / Comments
Subject to the authorizations that You grant us under this Contract, in the relationship between us and You, You retain all ownership rights with respect to copyright and all other rights and interests related to your Books. We will retain all ownership rights with respect to copyright and all other rights and interests related to the Platform, to Epublik's property and to any tools, features and materials used or provided to You to be used in connection with your Book (for example, a generic cover image used for your Book, should you not have provided one), as well as patents, designs, trademarks, copyright or rights over confidential information or trade secrets of Epublik (“Property”). We are solely responsible for and have full discretion over the terms, features and operation of the Platform, of Epublik's Property and of the related marketing, but the use of the Books will be subject to the terms of this Contract. Should you wish to offer suggestions, ideas or other comments to Epublik or any of its affiliates relating to Epublik's Property or the Platform (“Comment”), Epublik and its affiliates will be free to use and exploit the Comments in any manner, without restrictions and without any need to remunerate you. This Contract does not grant any license or other rights relating to the intellectual property or technology owned by us, or operated by us or any of our affiliates, including, without limitation, any trademarks or trade names. Nothing in this Contract restricts us from any rights we may have under the applicable law or a separate authorization. You do not acquire, under this Contract, any intellectual property right or other exclusive rights, including patents, designs, trademarks, copyright or rights over confidential information or trade secrets, over or relating to the Platform or any part of it, nor to the content generated by Epublik. Nor do You acquire any right over, or relating to, the Platform or any component of it, beyond the rights expressly licensed to You under this Contract or under any other mutually agreed written agreement that You may have entered into with Epublik. Any rights not expressly granted under this Contract are reserved. Should You develop a new module or product that constitutes a copy, in whole or in part, of the Platform, it will be deemed part of the Platform, its ownership therefore being incorporated by Epublik and its use conditioned upon this Contract, without any remuneration being due to You. Under no circumstances will You have access to the source code of the Platform, as it is Epublik's intellectual property. By entering any content on the Platform, such as, but not limited to, texts, graphics, images, logos, icons, photographs, editorial content, and any other material, You represent and acknowledge that You hold the intellectual property rights that authorize the entry of such content, as defined in the applicable law with respect to intellectual property and copyright. You declare that this content does not violate third-party rights, releasing Epublik from any liability. By entering any content on the Platform, You automatically grant Epublik a worldwide, sublicensable, transferable, perpetual, irrevocable, non-exclusive and royalty-free license to use, reproduce, publish, publicly distribute and publicly display this content solely for the purposes provided for on the self-publishing, printing and distribution Platform, under the terms of this Contract.
Combating piracy and protection of copyright. The Author declares that they are aware that they are solely and exclusively responsible for the content of the Books, including as to the originality and ownership of the copyright. In the event of proof of infringement of third-party copyright — including, but not limited to, acts of piracy, improper reproduction of protected works or unauthorized use of another party's intellectual property — the Author expressly authorizes Epublik to provide all of the Author's registration and contact information, including full name, CPF or CNPJ, address, e-mail and telephone number, to the holders of the infringed copyright, their legal representatives and/or the competent authorities, for the purposes of investigation and legal accountability. In addition, the Author agrees that any amounts received from sales made on the basis of works that violate third-party rights constitute unjust enrichment, and undertakes to return in full the amounts unduly received, in addition to any losses and damages, attorneys' fees and court costs arising from the violation. Epublik may, at its sole discretion, immediately remove any Book that is the subject of a substantiated report of copyright infringement, without the need for prior notice to the Author, and without such removal giving rise to any right to compensation or indemnification.
12. Confidentiality
Without our prior and express written permission, You may not: (a) issue any press release or make public disclosures regarding this Contract or its terms; (b) disclose Epublik's Confidential Information (as defined below) to third parties or to any other employee, except one who needs to have access to the information; or (c) use Epublik's Confidential Information for any purpose other than the performance of this Contract. You may, however, disclose Epublik's Confidential Information, as necessary, to comply with the applicable legislation, provided that: (i) You send us prior written notice so that we may take the necessary measures or use another appropriate remedy; (ii) You disclose only the Epublik Confidential Information that is required by the applicable law; and (iii) You take the necessary measures to obtain confidential treatment for all Confidential Information disclosed by Epublik. “Epublik's Confidential Information” means: (1) any information regarding Epublik, its affiliates and their business, including, without limitation, information relating to our technology, customers, business plans, promotional and marketing activities, finances and other commercial matters, (2) the nature, content and existence of any communication between us, and (3) all data related to the Books and/or other information that we provide or make available to You in connection with the Platform. The Platform's Confidential Information does not include information that: (a) is or becomes publicly available without breach of this Contract, (b) You can prove, through adequate documentation, that You already knew at the time You received it, (c) You received from a third party who did not acquire or disclose it unlawfully, or (d) You can prove, through adequate documentation, that You developed independently, without reference to any Epublik Confidential Information.
13. Service Level
Epublik will use commercially reasonable efforts to make the Platform available at least 95% (ninety-five percent) of the time during each year. The service level commitment does not apply to circumstances of unavailability resulting from: (a) Interruption of the electricity supply or emergency stoppages not exceeding 2 (two) hours or occurring between 12 a.m. and 6 a.m.; (b) Factors beyond Epublik's reasonable control, such as, for example, cases of force majeure, impossibility of internet access and related problems; (c) Any acts or omissions carried out by You; d) Electronic equipment, software or other technologies that You use that prevent regular access to the Platform; and e) Failures of individual instances not attributable to its unavailability. Epublik will offer You technical assistance related to failures and defects in the operation of the Platform. Once a ticket has been opened regarding a technical failure of the system, Epublik will have a period of 72 (seventy-two) hours to offer a solution or send a reply with explanations and information about the problem, should the solution not be possible within the aforementioned period.
14. Access to the Platform
This Contract grants You a revocable, onerous, non-exclusive and non-transferable license to use the Platform, it being understood that You may not use nor allow the use of the Platform for any other purpose not expressly provided for in this Contract. You are responsible for the truthfulness, validity and accuracy of the information provided, including with respect to the indication of a valid e-mail address held by you, and it is also incumbent upon You to keep the registration always up to date. Epublik will have no obligation to police or supervise the information provided by You. You are responsible for any third-party software used to send information to the Platform. Accordingly, any irregular access and communication failures between the Platform and other software are your exclusive responsibility.
15. Use of the Application
Epublik may, at any time and at its sole discretion, without the need for prior notice to You: (a) Terminate, modify or suspend, in whole or in part, your access to the Platform, when such access or registration is in violation of the conditions established in this Contract; and (b) Delete, in whole or in part, data and information registered by You that are not in accordance with the provisions of this Contract. At any time, upon prior notice to You at the e-mail address indicated by You in your registration or by means of a notice on the Platform itself, Epublik may: (a) Set prices or conditions for offering certain content and/or services, even if they were initially offered free of charge, the use of the same, after such notice, being deemed your agreement with such prices or conditions; and (b) Send You, by e-mail, electronic correspondence of an informative, commercial and/or promotional nature, and You may request that the sending cease at any time. The Platform is organized in stages, such as layout, cover, back cover, chapters, back cover summary, dedication, epigraph, foreword, acknowledgments, introduction, among others. The acceptance of each stage is your exclusive responsibility and, once the Book is finalized, it cannot be changed. You acknowledge and understand that the Digital Book self-publishing stages available on the Platform are automated, without human intervention. Therefore, You are exclusively responsible for the analysis and review of each stage, and Epublik cannot be held liable for any error or failure related to acts or omissions carried out by You. The only stage of the Platform in which there is human intervention is if You decide to print the Printed Book, in which case the printing will be carried out by Epublik or by a third party engaged by it in accordance with the specifications defined by You, subject to the provisions of this Contract regarding your responsibilities for the file.
16. Limitations Of Use
You may not: a) Use the Platform to disseminate information that, in any way, may result in a violation of the rules applicable in Brazil, of the property rights of Epublik and/or of third parties or of good morals, including, without limitation, the violation of intellectual property rights, copyright, privacy and personal data protection rules, or the production and dissemination of illegal, immoral, inappropriate or offensive content; b) Copy, assign, sublicense, sell, lease or pledge, reproduce, donate, dispose of in any way, transfer in whole or in part, under any arrangement, free of charge or for consideration, temporarily or permanently, the Platform, as well as its modules, parts, manuals or any information relating to it; c) Employ software, techniques and/or devices with the intent of improperly using the Platform for practices harmful to Epublik or to third parties, such as exploits, spamming, flooding, spoofing, crashing, root kits, or any similar ones; d) Reproduce, adapt, modify and/or use, in whole or in part, for any purpose, the Platform or any of its content without Epublik's express authorization; e) Publish or transmit any file that contains viruses, worms, trojans, malware, adware or any other contaminating or destructive program, or that may otherwise interfere with the proper functioning of the Platform; f) Use the Platform for a purpose other than that for which it was made available by Epublik; g) Carry out reverse engineering; h) Register “robot” accounts or accounts through another automated method; and i) Access data of third parties, servers or accounts that you are not authorized to access. You further undertake not to include information on behalf of third parties, unless You are their legal representative or hold legitimate powers to do so.
17. LIMITATION OF LIABILITY.
THE PLATFORM IS MADE AVAILABLE “AS IS”. WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR LOSS OF DATA AND ANY OTHER DAMAGE THAT IS NOT MATERIAL AND DIRECT, LIABILITY FOR LOST PROFITS, COSTS WITH GUARANTEES OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR EXEMPLARY DAMAGES OR FOR BREACH OF TRUST ARISING FROM OR RELATED TO THIS CONTRACT, OR FOR MEASURES IMPOSED BY ANY COURT OF EQUITY (“EQUITY”), OF FORFEITURE (“DISGORGEMENT”) OR ANY OTHER REASON AND REGARDLESS OF THE BASIS OF LIABILITY BEING EXPRESSLY EXCLUDED. UNDER NO CIRCUMSTANCES WILL OUR LIABILITY UNDER THIS CONTRACT EXCEED THE AMOUNT OF THE REMUNERATION DUE BY EPUBLIK UNDER THE TERMS OF THIS CONTRACT IN ANY PERIOD PRIOR TO THE CLAIM. SPECIFICALLY EXCLUDED, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY US OR ON OUR BEHALF IN CONNECTION WITH THIS CONTRACT, ARE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF COMPATIBILITY/SIMILARITY WITH OTHER SIMILAR PRODUCTS OR SERVICES, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT EPUBLIK CANNOT GUARANTEE THAT THE BOOKS SENT BY OR ON YOUR BEHALF WILL BE PROTECTED AGAINST THEFT OR MISUSE OR THAT THIRD PARTIES WILL COMPLY WITH ALL THE CONTENT USE RULES ESTABLISHED BY EPUBLIK IN RELATION TO THE USE OF BOOKS, AND EPUBLIK WILL NOT BE LIABLE FOR FAILURES OF ANY SECURITY SYSTEM OR PROCEDURE OR FOR ANY NON-COMPLIANCE WITH THE CONTENT USE RULES BY YOU. THE PLATFORM DEPENDS ON COMPLEX SYSTEMS AND PROCESSES. WE STRIVE TO MAKE OUR SYSTEMS AND PROCESSES EFFICIENT AND ERROR-FREE, BUT WE CANNOT GUARANTEE THIS AND WE WILL NOT BE LIABLE FOR SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES. Epublik will not be liable under any circumstances, whether jointly or subsidiarily: a) For any losses suffered by You as a result of making decisions based on the information made available on the Platform; b) For any losses suffered by You as a result of failures in the computer system or in the servers that are not attributable to Epublik's fault or in your connectivity to the internet in general, and You must maintain, at your own expense, a telecommunication line, modem, communication software, electronic mail address and other resources necessary for communication with Epublik; c) For situations of fortuitous event or force majeure, under the terms of the applicable legislation; d) For any losses arising from information provided by You; e) For the manner in which your personal data is processed by third parties independently and externally to the Platform; f) For acts, omissions, policies, commercial practices, changes to terms of service, technical failures, suspensions, removals of content or any other actions or decisions of the third-party platforms used in the Distribution Service; g) For delays, inaccuracies or omissions in the sales reports provided by the third-party platforms; h) For lost sales, reduced revenue or any financial damage arising from the unavailability, failures or changes in the third-party distribution channels; i) For differences between the amounts estimated by the simulation calculator made available on the Platform and the amounts actually received by the Author; j) For the rejection, removal or suspension of the Books by the third-party platforms; k) For violations of third-party rights related to the content of the Books, the Author being solely responsible for the originality, lawfulness and ownership of the rights over the published content; l) For printing problems, defects or imperfections in the Printed Books arising from errors, omissions or inadequacies in the files provided by the Author; m) For delays in the delivery of Printed Books caused by carriers, the postal service or other logistics service providers; n) For loss, damage or misplacement of Printed Books during transport, except in cases where Epublik has engaged the transport service and it offers insurance or a specific guarantee. Epublik does not guarantee that the functions contained in the Platform will meet your needs, that the operation of the Platform will be uninterrupted or error-free, that any feature will continue to be available, that the defects in the Platform will be corrected or that the Platform will be compatible with or work on any third-party devices, applications, services or apps. You agree to defend, indemnify and hold harmless Epublik and its affiliates, directors, employees and agents, from and against any charges, actions or demands, including, but not limited to, reasonable attorneys' fees, resulting from: (i) any improper use of the Platform, or (ii) violation of the conditions agreed herein, or (iii) violation of third-party rights related to the content of the Books, or (iv) complaints from buyers related to the quality, content or characteristics of the Books, or (v) violation of laws, regulations or third-party rights as a result of the publication, distribution or sale of the Books. For the production of Digital Books, Epublik's liability is limited to making the Platform available, which is automated, all decisions being taken by You, at your own account and risk. For the production of Printed Books, Epublik will only be liable for losses and damages, in accordance with the provisions of this Contract, if it fails to meet the specifications presented by You. For the production of Printed Books, Epublik will only be liable for losses and damages, in accordance with the provisions of this Contract, if it fails to meet the technical specifications presented at the time of engagement and provided that the file supplied by the Author is correct and adequate to the technical specifications for printing. IN NO EVENT WILL EPUBLIK BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS, LOST PROFITS, INCLUDING, WITHOUT LIMITATION, LOSSES FOR LOSS OF PROFIT, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE DATA, BUSINESS DISCONTINUITY OR ANY OTHER COMMERCIAL LOSS OR DAMAGE, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR TO YOUR INABILITY TO USE THE PLATFORM, FOR ANY OTHER REASON. In the event that Epublik is compelled, by a final and unappealable court decision, to indemnify or reimburse You for damages suffered, notwithstanding the above, the amount due to You will be limited to 20% (twenty percent) of the total amount actually paid by You to Epublik for the enjoyment of the features offered by the Platform and under the engaged plan, or, in the case of distribution or printing services, to the amount actually paid for the specific service that gave rise to the claim.
18. Force Majeure
Epublik will not be liable for failures or delays in the performance of its obligations under this Contract caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, floods, storms, explosions, acts of God, war, terrorism and labor conditions.
19. General Legal Provisions
Disputes. Any dispute or claim related to this Contract or to Epublik will be resolved by means of mandatory arbitration (waiving the jurisdiction of any court), unless You resort to the small claims court, if your claims qualify for it, the judicial district of Ribeirão Preto – SP being established.
Other Legal Provisions. If any provision of this Contract is held invalid by a court or by a tribunal with jurisdiction over the parties to this Contract, such determination must be updated to reflect, as far as possible, the original intentions of both parties in accordance with the legislation in force, and the remainder of this Contract will remain in full force and effect. The parties involved in this Contract are independent. Each party will bear its own costs and expenses in the performance of this Contract. The failure of either of the parties involved to enforce any provision of this Contract will not constitute a waiver of such party's rights to require performance of the obligation subsequently. Any Epublik affiliate may become a party to this Contract and You will be notified should this occur. The Epublik affiliate joining the Contract will be authorized to exercise the rights granted by You under this Contract. Each Epublik party is individually responsible for its obligations under this Contract and is not jointly liable for the obligations of other Epublik parties. Neither party may assign any of its rights or obligations under the terms of this Contract, whether by operation of law or otherwise, without the prior written consent of the other party, except that: (a) Epublik may assign any of its rights and obligations under this Contract without your consent and (b) You may assign all your rights and obligations under the terms of this Contract to any legal entity, without consent, in the event of a sale of all or a substantial part of all of your assets, but you must provide Epublik with written notice of the assignment within ten (10) business days after the assignment. Subject to the limitation established herein, this Contract will be binding upon, will benefit and will be enforceable by the parties involved and their respective successors and assignees. This Contract constitutes the entire agreement between the parties with respect to the subject matter in question, supersedes any and all prior or current agreements between the parties in question and does not concern any person other than the parties, any rights or remedies. You agree to the use of electronic means to enter into this Contract and to all notices given by us in connection with this Contract. To be effective, any notice from one of the parties under the terms of this Contract must be made in writing and delivered: (i) if by an Epublik party, via e-mail, by means of a publication on the Platform's website or by means of a message to your account on the Platform, or (ii) if from You to Epublik, via e-mail to suporte@epublik.com.br. Notices will take effect and will be deemed received on the date on which they are transmitted or published. The Contract is governed and interpreted in accordance with Brazilian legislation.