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 your Epublik registration ("You" or the "Author"). This Contract also applies to any other Epublik affiliate company that may become associated with this Contract. An "affiliate" is an entity that, directly or indirectly, controls, is controlled by, or is under common control of an Epublik party. "Epublik" or "we" means, jointly, Epublik and its affiliates. This Contract establishes the obligations and responsibilities of each party on the Epublik self-publishing platform at https://epublik.com.br/, (the "Platform"), including the distribution of digital content through the platform (all content, "Digital Books") and distribution of printed content through the platform (all content "Printed Books" and together with Digital Books, "Books").
1. Acceptance of the Contract.
By selecting the specific option made available in the registration, You declare that you are aware of the rights and obligations arising from this Contract, with this instrument constituting the complete agreement between the parties. You also declare 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. Thus, you declare that you have read, understood, and accepted all the terms and conditions of this Contract. Access to the Platform's functionalities is conditioned upon acceptance and agreement with this Contract, which applies to anyone who uses its functionalities. If you disagree with the terms set forth herein, you must stop using the Platform and unsubscribe from it. 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 accepting this Contract on behalf of the Author declares 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 operations corresponding to the acceptance of certain options will be recorded in Epublik's databases, along with the date and time when acceptance was expressed by You, and such information may be used as proof of your acceptance of the option, regardless of any other formality.
2. Contractual changes.
The Platform and the terms of this Contract will undergo changes over time. We reserve the right to change the terms of this Contract at any time, at our sole discretion. We will notify you of changes by publishing the new version of the Contract in place of the old one at https://epublik.com.br/, with the revision date indicated at the top, or by sending an email to the email address registered in your Platform account. Any new features that increase or improve current services, including the release or removal of new tools and functionalities on the Platform, will also be subject to the Contract. You understand and agree that once the 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. Personal Data Protection.
In order for You to have access to the Platform's functionalities, the following personal data and information may be collected, provided directly by you: a) Registration information: full name, CPF, CNPJ, date of birth, email, and phone and mobile numbers.
b) Information included in the book: when using the Platform's functionalities, You may include your own or third parties' personal data, for which you are responsible.
c) Payment information: full name, CPF, CNPJ, credit card data, debit card data, date of birth, email, address, and phone and mobile numbers.
d) Banking information: bank account data for receiving amounts from sales and distribution of 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 notifications or alerts;
b) Allowing access and use of the Platform's services, tools, and functionalities;
c) Generating generic and anonymized statistical data for monitoring Platform usage;
d) Conducting marketing research, planning, and developing new Epublik projects and services;
e) Identifying your needs to improve the services offered to you;
f) Resolving Platform problems, verifying your information, and protecting the Platform against errors, fraud, or any other cybercrime;
g) Sending electronic correspondence of an informational, commercial, and/or promotional nature;
h) Billing for services provided;
i) Processing payments and bank transfers from Book sales;
j) Accounting for sales made through the Platform and distribution channels;
k) Compliance with legal or regulatory obligations; and
l) Regular exercise of rights in administrative or judicial proceedings.
By accepting this Contract, You freely, informedly, and unequivocally consent 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 (General Data Protection Law – "LGPD"). If You are not of legal age, your parents or legal guardians must be indicated in the registration for your legal representation, as a fundamental requirement. Epublik reserves the right to add special protections, including removal of personal data and 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 canceled without prior notice if there is suspicion that You are a minor and there is no satisfactory proof or guarantee that your legal guardian actually authorizes your participation. You consent that when accessing the Platform, Epublik may collect technical browsing information, such as the type of browser used for access, Internet Protocol address, pages visited, and average time spent on the Platform. Such information will be collected to guide You and improve 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 in the data provided, You must inform Epublik by changing the respective registration on the Platform. Epublik is not responsible for outdated or incorrect information inserted on the Platform by You. Your login and password to access the Platform are for personal and non-transferable use, and You must take all appropriate measures to ensure their confidentiality. Furthermore, the security level of the password is your sole responsibility. You agree not to use another user's account, as well as not to allow an unauthorized third party to use it for any purpose, including changing or disclosing your data, and thus agree not to disclose password information to unauthorized third parties. If You believe that your access credentials have been stolen or are known to others 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 the sale, acquisition, merger, corporate reorganization, or any other change in Epublik's control. If any of these situations occur, You will be informed in advance and, if you do not wish to continue using the Platform, you may delete your access account and terminate the contracting of Epublik's services. You declare, through this provision, that you agree to the use, collection, use, storage, and processing of information stored on Epublik's server, including personal, financial, banking, account data, and all other actions necessary for the service that is the subject of this Contract to be provided in its entirety. Multiple accounts are not allowed. You must ensure that all information provided during the creation of your Platform account (such as name, address, and email) is accurate and will be kept updated while you use the Platform. You can only maintain one 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 ask any questions we deem appropriate to verify the account information provided. Epublik assumes the responsibility to keep confidential and safely guard the banking data and credit card data provided by You, undertaking not to disclose or share such information, except when there is a judicial order to do so. You authorize Epublik to share the banking data and credit card data provided by You with a company that may be hired by Epublik to operationalize the payments to be made.
4. Term and termination.
This Contract shall remain in force for an indefinite period from your acceptance, and may be modified or terminated unilaterally by Epublik at any time, without any cost, through simple communication via the Platform itself, or by message sent to the email address indicated in your registration. You may, at any time, request the suspension and/or deletion of your Platform access account, ending your relationship with Epublik, by requesting directly through the Platform. If You choose to suspend your Platform access account, the services provided by Epublik to You will be suspended, but Epublik reserves the right to maintain your registration information until You request permanent deletion of your account. If You request the deletion of your Platform access account and your personal data, Epublik will keep in its database only the personal data whose maintenance is authorized by current legislation, such as, for example, to defend its interests in any legal proceedings. Regarding 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 case of termination of the Contract. After 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, with each content you want to use for self-publishing the Book you want to produce on our platform. We will not return any electronic files, physical content, or media provided by You in relation to the Platform. All files sent by You must be free of viruses, worms, and other codes that may cause damage and/or problems. Content requirements. You must ensure that all Book content complies with our policies at the time it was submitted to us. If You notice that the submitted content does not meet the necessary requirements, You must immediately remove that content by canceling the publication or republishing the appropriate content through the Platform's procedures for removing or republishing the Book. If Epublik becomes aware that the content is not in compliance with our policies, we have the option to contact You to request compliance, and, if there is no solution, to 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 send corrected versions immediately through the Platform's metadata submission procedures, and if you do not send as requested above, you are solely responsible for the final product result. Responsibility for Book content. The Author is entirely responsible for the type of content entered on the Platform, and it is not Epublik's responsibility to reject, approve, curate, or evaluate whether the content violates any legal or social ethical rules. If we request additional information regarding your Books, such as information confirming that You have all the necessary rights to allow our production, You will immediately provide the requested information. You declare and warrant that all information and documents 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 ask any questions we deem appropriate to verify that 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 regarding those rights. The performance of such questions and analyses does not exempt the Author's responsibility for the Book content. Book withdrawal. Your Digital Books and Printed Books will not be sold or printed on demand by Epublik without your authorization. You can remove them at any time from the Platform database, with 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 formatting process of your Books. If such errors occur, You may remove the Book in question. This will be your only solution for errors. Reviews. You are subject to the same rules as any other customers who contribute reviews of works to the Epublik website. We reserve the right to remove any reviews that violate Epublik Platform criteria. 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. Declarations, warranties, and indemnifications. You declare and warrant that: (a) You have full right, power, and authority to enter into and fully execute this Contract and comply with the terms of this Contract; (b) before You or your representative deliver any content, You obtained all necessary rights for the exercise of the rights granted under this Contract; (c) neither the exercise of the rights authorized under this Contract, nor all materials incorporated in the content and their sale or distribution as authorized in this Contract, will violate or infringe intellectual property, property rights, or other rights of any individual or legal entity, including, without limitation, contractual rights, copyrights, trademark rights, publicity and/or privacy rights, personal data protection rights, or moral rights, or will 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 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 content and 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 contrary to the provisions of this Contract. To the maximum extent permitted by applicable law, You shall indemnify, defend, and hold harmless Epublik, its administrators, directors, employees, affiliates, subcontractors, and assignees from and against any loss, claim, liability, damage, action, or cause of action (including attorney's fees) that may arise from any breach of your declarations, warranties, or obligations provided in this Contract. We will have the right, at our expense, to participate in the defense and settlement of the claim or action with an attorney chosen by us.
6. Distribution Service
Contracting and Service Object. In addition to self-publishing, You may, at your sole discretion, contract the distribution intermediation service for your Books (the "Distribution Service"), through which Epublik will seek to enable the commercialization of the Books on third-party platforms and channels to be chosen by Epublik, including, but not limited to, marketplaces and electronic subscription platforms. Contracting the Distribution Service is optional and not mandatory for publishing Books on the Platform, being an additional service made available to You through specific contracting. Digital account. The net amounts obtained from Book sales through the Distribution Service will be credited to a digital account in your name, 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 amounts owed to the Author for sales made through the Distribution Service. Use of amounts. The amounts available in the Author's Digital Account may be used by You for payment of 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 a minimum of R$ 500.00 (five hundred reais). If You do not reach the indicated minimum balance, you may also request 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, through bank transfer to the account indicated by the Author in their registration. It is the Author's sole responsibility to keep their banking data updated. Epublik is not responsible for delays, errors, or impossibility of payment resulting from incorrect or outdated banking information. Calculation of net amounts. The amount of credit to be made available in the Author's Digital Account will be the net result of the sale, after deduction of: (i) commissions charged by third-party platforms used for selling Books (such as Amazon, Google Play Books, and others), as well as commissions due for making the Book available on electronic subscription platforms; (ii) the commission due to Epublik for intermediating the Distribution Service; and (iii) the commission due to the intermediary eventually hired by Epublik to enable distribution. These commissions are defined and changed unilaterally by third-party platforms or parties involved, according to the current policy of each party, with which You accept and agree, exempting Epublik from any responsibility. The commission due to Epublik for intermediating the Distribution Service, whose percentage will be informed to You at the time of service contracting, may be changed with 30 (thirty) days' prior notice. Within the scope of the Distribution Service, the final selling price of Books on third-party platforms may be subject to such platforms' pricing policies and requirements. You declare that you are aware 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 third-party platforms' commission policies. The commissions mentioned in item (a) are automatically applied according to the current policy of each third-party platform at the time of sale, without any interference or control from Epublik. Epublik does not guarantee the maintenance of commercial conditions practiced by third-party platforms. Within the scope of the Distribution Service, the final selling price of Books on third-party platforms may be subject to such platforms' pricing policies and requirements, including, but not limited to, price adjustments for parity with other channels, mandatory promotions, and currency conversions. You declare that you are aware and agree that Epublik has no control over third parties' pricing policies, promotions, or business practices, and that the final selling price may vary across different sales channels and geographic regions. Epublik reserves the right to adjust the price of Books on third-party platforms to comply with such platforms' technical and commercial requirements, which You hereby authorize, without the need for specific authorization. All deductions mentioned in this clause will be applied prior to crediting amounts to the Author's Digital Account, so that the credited amount already represents the net amount due to You. Provision of suggested price. We do not offer any consultation or guidance on the price of the Book produced on our Platform, with it being at the Author's discretion and sole responsibility to define prices and commercialization channels for their books. Royalties. We have no responsibilities for the commercialization of Books and, therefore, will not pay any royalty, commission, or any other remuneration to the Author using our Platform, beyond the transfers with all deductions provided herein. Taxes. Epublik is not responsible for taxes owed by You due to Book sales, with You being solely responsible for declaring and collecting taxes on amounts transferred to you. You are solely responsible for declaring and collecting all taxes levied on amounts received through the Distribution Service, including, but not limited to, Income Tax, social security contributions, and any other applicable taxes according to 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 deducted from such withholdings. Accounting and sales reports. Accounting for sales made through the Distribution Service will be done by sending periodic reports to the Author. These reports will be made available on the Platform within 60 (sixty) calendar days after the conclusion of the sales reference month. The reports will contain information about: a) Name of the work;
b) Quantity of units sold by distribution channel; and
c) Net amounts credited to the Author's Digital Account.
The Author acknowledges and accepts that the 60 (sixty) day period for making reports available results from the fact that third-party platforms report sales to Epublik with variable delays, and that Epublik depends on receiving this information to consolidate reports. Deadline for contestation and tacit approval. If You have any questions about the amounts received, the Author's Digital Account, or sales reports, and need additional information, you must request it from Epublik in writing, through its customer service channel, within a maximum period of 10 (ten) business days from the availability of the sales report or credit to the Author's Digital Account, whichever comes first. After the 10 (ten) day period without manifestation, the accounts will be considered duly rendered, accepted, and settled, with You having no subsequent complaint about the amounts reported in the period in question. If there is an error on Epublik's part, it will have up to 10 (ten) business days to correct it after receiving notification. Value simulation calculator. Epublik makes available on the Platform a calculator for simulating the net amounts You would receive from selling Books through the Distribution Service. You acknowledge and agree that: a) The calculator presents only an estimate of 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 changes, especially because commissions and pricing policies are applied according to third-party platforms, over which Epublik has no responsibility, control, or interference;
d) The calculator does not constitute a promise, guarantee, or commitment from Epublik regarding the amounts that will actually be received; and
e) Any discrepancies between the amounts estimated by the calculator and the amounts actually credited to the Author's Digital Account do not generate the right to compensation, 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 third-party platforms, not being responsible for the policies, business practices, systems, technical failures, or decisions of third-party platforms;
b) Epublik does not guarantee the acceptance of Books by third-party platforms, which may reject, remove, or suspend the commercialization of Books at any time and for any reason;
c) Epublik is not responsible for delays, failures, or inaccuracies in sales reports provided by third-party platforms;
d) Epublik is not responsible for temporary or permanent unavailability of distribution channels;
e) Epublik is not responsible for changes in commissions, pricing policies, or commercial conditions imposed by third-party platforms;
f) Epublik does not guarantee sales volume, visibility, or commercial performance;
g) In case of disagreements, complaints, or disputes involving third-party platforms, Epublik will act cooperatively to assist the Author, but does not assume responsibility for the outcome of such matters; and
h) Epublik is not responsible for the Book content, so that any violation of third-party rights will be fully borne by You, with Epublik being exempt from any responsibility.
Retentions and Compensations. Epublik may retain amounts from the Author's Digital Account or offset them with future payments in the following situations: a) When there are chargebacks, refunds, or reimbursements of previously credited sales;
b) When there are chargebacks or payment disputes by buyers;
c) When there is suspicion or confirmation of fraud, illicit activity, or violation of this Contract;
d) When there is a judicial or administrative determination for blocking or retaining amounts;
e) When there are amounts owed by the Author to Epublik for any reason, including debts for contracted services; and
f) When third-party platforms retain or chargeback amounts previously transferred to Epublik.
Epublik will inform the Author about the retention or compensation, to the extent possible and as permitted by applicable legislation, providing justification and documentation when available. Distribution processing time. After contracting the Distribution Service and sending the Books by Epublik to third-party platforms, the time for making the Books available on sales channels may vary according to each platform's internal processes, and may take from a few days to several weeks. Epublik has no control over these deadlines. Removal of Books from distribution channels. The Author may request the removal of their Books from distribution channels at any time, by requesting through the Platform. Epublik will process the request and notify third-party platforms within 10 (ten) business days. The effective removal time will depend on each third-party platform's processes, and may take up to 60 (sixty) calendar days or another deadline established by the platform. Epublik is not responsible for sales made during the period between the removal request and the actual withdrawal of Books from distribution channels, with all sales made until the effective removal being processed normally according to the rules of this Contract.
7. Printing Services (Print On Demand - PoD and Physical Copies)
Epublik makes available to the Author, through specific contracting and payment of corresponding amounts, the possibility of contracting printing services, which may include: (i) print-on-demand (Print on Demand – PoD) of the Printed Book, being a unit printing service of the Printed Book, executed upon specific order, to serve individual orders from buyers or from the Author themselves; and (ii) contracting the printing of a certain number of physical copies (print run) of the Printed Book, with delivery to the Author or recipient indicated by them. The printing services are independent of each other and can be contracted separately, according to the Author's needs and interests. The amounts, delivery times, technical specifications, and commercial conditions of each printing service modality will be informed to the Author at the time of contracting, through the Platform or other communication means made available by Epublik. Author's responsibility. The Author is the sole and exclusive person responsible for formatting, layout, text revision, spelling, grammar, image quality, technical adequacy of 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 printing that is caused by error, omission, inadequacy, or poor quality of the file provided by the Author, including, but not limited to: (a) incorrect or incompatible formatting with printing technical requirements; (b) corrupted, incomplete, or inadequate format files; (c) typing, spelling, or grammar errors; (d) low-resolution images or inadequate quality for printing; (e) layout problems, margins, bleeds, or other technical aspects; (f) failures in PDF file or any other file format provided; (g) use of typographic fonts 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 printing, the Author must carefully review the final file and, when applicable, approve a digital or physical proof of the Book. Approval by the Author implies their agreement with the file and exemption of Epublik regarding 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 itself (and not from a failure in the printing process), the Author will bear the full costs of a new printing, with no reimbursement, refund, or compensation from Epublik. When contracting printing services, the Author declares and warrants that they possess all copyrights and licenses necessary for reproducing the Book's content in printed format, including rights over texts, images, photographs, illustrations, and any other elements that compose the Book. The Author exempts Epublik from any responsibility for violation of third-party rights related to the Printed Book content. Printing quality guarantee. Epublik guarantees that the printing of Printed Books will be carried out according to the technical specifications and quality standards defined by Epublik and/or presented to the Author at the time of service contracting. The mentioned guarantee is restricted exclusively to manufacturing defects or problems in the printing process that are the responsibility of Epublik or the contracted printing company. In case of proven manufacturing defect, Epublik commits to, at its sole discretion: (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 from receipt of the Printed Book, providing photographs or other evidence that prove the defect. Claims made after this deadline will not be considered. The guarantee provided in this clause does not apply to: (a) Printed Books that have been damaged after receipt by the Author or final recipient; (b) subjective disagreements related to the Author's personal preferences regarding colors, tones, or other aesthetic aspects that are within printing technical standards; (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, with the guarantee in these cases being regulated by the relationship between Epublik and the final buyer, as applicable. Production and delivery times. The production and delivery times for Printed Books will be informed to the Author at the time of service contracting and may vary according to the printing modality, technical specifications, number of copies, and delivery location. Epublik will make its best efforts to meet the informed deadlines, but is not responsible for delays resulting from: (a) fortuitous event or force majeure; (b) strikes or stoppages of carriers; (c) operational problems of carriers or postal services; (d) delay in approval by the Author; (e) need for corrections or adjustments to the file provided by the Author; (f) delays caused by the printing company or suppliers hired by Epublik, unless gross negligence or intent is demonstrated. Ownership of Printed Books is transferred to the Author (in case of print run printing contracted by the Author) or to the final buyer (in case of print-on-demand) only after effective delivery and full payment of the agreed price. Epublik does not maintain inventory of Printed Books. All printing services are executed on demand or upon specific order. Epublik is not responsible for storing Printed Books after delivery to the Author or indicated recipient.
8. Payment and cancellation conditions
You must pay Epublik the amount for the respective chosen service. The specific conditions of each service modality will be informed at the time of contracting. The contracting conditions will become an integral part of this Contract. Failure to pay on the determined due dates will result in suspension of Platform access, as well as the provision of services by Epublik, until financial pending issues are regularized. The amounts established at the time of acceptance formalization may be changed at any time by Epublik, and You may not contract new services if you disagree with the new presented amounts. You can choose to use the Platform in the free modality. In this case, charges will only be made when contracting any of the paid services offered by Epublik. Self-Publishing Service. The Author may request cancellation of the Self-Publishing Service contracting within 07 (seven) calendar days from the date of actual contracting. The cancellation request within the indicated period will only be valid and accepted if the Author has not finalized the Book self-publishing process. The service will be considered 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 considered completed, the full amount agreed for service contracting will be due, with no refund owed to the Author. Book Distribution. The Author may request cancellation of the Distribution Service and removal of their Books from distribution channels at any time, without need for justification, through formal request via the Platform or through Epublik's customer service channel. Epublik will process the cancellation and removal request within 5 (five) business days from receipt of the request, immediately beginning the process of notifying third-party platforms to remove Books from their catalogs. The effective time for complete removal of Books from all distribution channels will depend on each third-party platform's processes and systems, and may vary between 15 (fifteen) and 60 (sixty) calendar days from notification sent by Epublik. Epublik has no control over these deadlines and is not responsible for removal delays caused by third-party platforms. The Author expressly acknowledges and agrees that Book sales made in the period between the cancellation/removal request and the actual withdrawal of Books from all distribution channels will continue to be processed normally and will be fully governed by the terms of this Contract. Any sales that have already been made but have not yet been reported by third-party platforms to Epublik at the time of the cancellation request will also be processed according to the terms of this Contract, even if amounts are credited after the cancellation request date. Even after complete removal of Books from all distribution channels, the Author's Digital Account will remain active to receive amounts related to sales made before the effective removal, for the necessary period until complete settlement of all amounts due. If after cancellation of the Distribution Service and removal of Books there remains a balance of less than R$ 500.00 (five hundred reais) in the Author's Digital Account, this balance: a) May be withdrawn even if less than the minimum amount of R$ 500.00, upon express request from the Author, with payment to be made within 30 (thirty) days of the request.
If the Author wishes to reactivate the Distribution Service after its cancellation, they may do so at any time through the Platform, being subject to the terms and conditions in effect on the reactivation date, which may be different from the originally contracted terms. Cancellation of the Distribution Service does not give the Author the right to cancel or reverse completed sales, nor to demand the return of copies already acquired by final buyers through third-party platforms. Printing. Given the nature of 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 actual start of the production process. The Author may cancel a printing order WITHOUT ADDITIONAL COSTS only and solely if the cancellation request is received by Epublik BEFORE the actual start of the production process. To request cancellation of a printing order before the start of production, the Author must make a formal request through the Platform or through Epublik's customer 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 of confirmation of cancellation, through return via the same payment method used in contracting. The Author acknowledges and agrees that, in case of impossibility of cancellation, THERE WILL BE NO REFUND of any amount paid for the printing service, with the Author having to bear the full cost of production even if they do not collect or use the produced Printed Books. If production has been completed and the Author cannot or does not wish to cancel the order, the Author remains obligated to: a) Receive the produced Printed Books at the address indicated at the time of contracting;
b) Pay any additional shipping or storage costs, if applicable;
c) Bear the costs of reshipping if the first delivery attempt is frustrated for reasons attributable to the Author (incorrect address, refusal to receive, absence of recipient, etc.).
After the start of the production process, the Author may not request modifications, alterations, or corrections to the Book's specifications, the provided file, or any other aspects of production. Any modification desired after this moment will require contracting a new printing service, with new full payment.
9. Ownership and Control of Epublik's Properties / Comments
Subject to the authorizations You grant us under this Contract, in the relationship between us and You, You retain all ownership rights with respect to copyrights and all other rights and interests related to your Books. We will retain all ownership rights with respect to copyrights and all other rights and interests related to the Platform, Epublik's properties, and any tools, functionalities, and materials used or provided to You to be used in relation to your Book (for example, a generic cover image used for your Book, if you have not provided any), as well as patents, designs, trademarks, copyrights, or rights over confidential information or Epublik's trade secrets ("Properties"). We are solely responsible and have total freedom regarding the terms, characteristics, and operation of the Platform, Epublik's Properties, and related marketing, but the use of Books will be subject to the terms of this Contract. If you wish to offer suggestions, ideas, or other comments to Epublik or any of its affiliates related to Epublik's Properties or the Platform ("Comment"), Epublik and its affiliates will be free to use and explore the Comments in any way, without restrictions and without any need to compensate you. This Contract does not grant any license or other rights relating to intellectual property or technology of our Property, 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 applicable law or separate authorization. You do not acquire, under this Contract, any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights, or rights over confidential information or trade secrets, over or related to the Platform or any part of it, nor through content generated by Epublik. You also do not acquire any rights over, or related to, the Platform or any component of it, beyond the rights expressly licensed to You under this Contract or in any other mutually agreed written contract You may have entered into with Epublik. Any rights not expressly granted under this Contract are reserved. If You develop a new module or product that characterizes a copy, in whole or in part, of the Platform, it will be considered part of the Platform, therefore, its ownership being incorporated by Epublik and its use conditioned to this Contract, without any compensation being owed to You. Under no circumstances will You have access to the Platform's source code, as it is Epublik's intellectual property. By inserting any content on the Platform, such as, but not limited to, texts, graphics, images, logos, icons, photographs, editorial content, and any other material, You declare and acknowledge that you possess the intellectual property rights that authorize the insertion of such content, as defined in applicable law regarding intellectual property and copyrights. You declare that this content does not violate third-party rights, exempting Epublik from any responsibility. By inserting any content on the Platform, You automatically grant a worldwide, sublicensable, transferable, perpetual, irrevocable, non-exclusive, and free license to Epublik to use, reproduce, publish, publicly distribute, and publicly display this content only for the purposes provided on the self-publishing, printing, and distribution Platform, under the terms of this Contract. Combating piracy and copyright protection. The Author declares being aware that they are the sole and exclusive person responsible for the Books' content, including regarding originality and ownership of copyrights. In case of proven infringement of third parties' copyrights — including, but not limited to, acts of piracy, unauthorized reproduction of protected works, or unauthorized use of third-party intellectual property — the Author expressly authorizes Epublik to provide all registration and contact information of the Author, including full name, CPF or CNPJ, address, email, and phone, to the holders of the injured copyrights, their legal representatives, and/or competent authorities, for purposes of investigation and legal accountability. Furthermore, the Author agrees that any amounts eventually received from sales made based on works that violate third-party rights constitute unjust enrichment, obliging themselves to the full restitution of amounts unduly received, in addition to any losses and damages, attorney's fees, and procedural costs arising from the violation. Epublik may, at its sole discretion, immediately remove any Book that is the object of a substantiated complaint of copyright violation, without need for prior notice to the Author, and without such removal generating the right to any compensation or indemnification.
10. Confidentiality
Without our prior express written permission, You may not: (a) issue any press release or make public disclosures about this Contract or its terms; (b) disclose Epublik's Confidential Information (as defined below) to third parties or any other employee, except those who need to have access to the information; or (c) use Epublik's Confidential Information for any purpose other than the execution of this Contract. You may, however, disclose Epublik's Confidential Information as necessary to comply with applicable law, provided that: (i) you send us prior written notice so that we can take necessary measures or use another appropriate remedy; (ii) you only disclose Epublik's Confidential Information that is required by applicable law; and (iii) you take necessary measures to obtain confidential treatment for all Confidential Information disclosed by Epublik. "Epublik's Confidential Information" means: (1) any information about Epublik, its affiliates, and their businesses, 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 Books and/or other information we provide or make available to You in relation to 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, you already had knowledge of such information at the time you received it, (c) You received from a third party who did not acquire or disclose it illegally, or (d) You can prove, through adequate documentation, you developed it independently, without reference to any Epublik Confidential Information.
11. Service Level
Epublik will undertake 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 unavailability circumstances resulting from: (a) Power supply interruption or emergency stops not exceeding 2 (two) hours or occurring between midnight and 6 am; (b) Factors beyond Epublik's reasonable control, such as, for example, force majeure events, impossibility of internet access, and related problems; (c) Any acts or omissions performed by You; (d) Electronic equipment, software, or other technologies You use that prevent regular access to the Platform; and (e) Individual instance failures not attributable to its unavailability. Epublik will offer You technical assistance related to failures and defects in the Platform's operation. When a ticket is opened regarding a technical system failure, Epublik will have a period of 72 (seventy-two) hours to offer a solution or send a response with explanations and information about the problem, if the solution is not possible to be accomplished within the previously mentioned deadline.
12. Platform Access
This Contract grants You a revocable, paid, non-exclusive, and non-transferable license to use the Platform, with it being certain that You may not use or allow the use of the Platform for any purpose not expressly provided in this Contract. You are responsible for the truthfulness, validity, and accuracy of the information provided, including regarding the indication of a valid email of your ownership, and it is also incumbent upon you to keep the registration always updated. Epublik will have no obligation to police or inspect the information provided by You. You are responsible for any third-party software used to send information to the Platform. Therefore, any irregular access, communication failures between the Platform and other software are your sole responsibility.
13. Application Usage
Epublik may, at any time and at its sole discretion, without the need for prior communication to You: (a) Terminate, modify, or suspend, totally or partially, your access to the Platform, when such access or registration is in violation of the conditions established in this Contract; and (b) Delete, totally or partially, data and information registered by You that are not in accordance with the provisions of this Contract. At any time, upon prior communication to You via email indicated in your registration or through notice on the Platform itself, Epublik may: (a) Define prices or conditions for offering certain content and/or services, even if initially offered for free, with use of the same, after said notice, being considered as your agreement with such prices or conditions; and (b) Send You, via email, electronic correspondence of an informational, commercial, and/or promotional nature, with You being able to request cessation of sending at any time. The Platform is organized in stages, such as layout, cover, back cover, chapters, back cover summary, dedication, epigraph, preface, acknowledgments, introduction, among others. Acceptance of each stage is your sole responsibility and once the Book is finalized, it is not possible to change it. You acknowledge and understand that the Digital Book self-publishing stages available on the Platform are automated, without human intervention. Thus, You are solely responsible for analyzing and reviewing each stage, and Epublik cannot be held responsible for any error or failure related to actions or omissions performed by You. The only stage of the Platform in which there is human intervention is if You decide on printing the Printed Book, in which case printing will be performed by Epublik or by a third party hired by it according to the specifications defined by You, subject to the provisions of this Contract regarding your responsibilities for the file.
14. Usage Limitations
You may not: a) Use the Platform to disclose information that, in any way, may imply violation of applicable standards in Brazil, Epublik's and/or third parties' property rights, or good customs, including, without limitation, violation of intellectual, copyright rights, privacy and personal data protection standards, or the production and disclosure of illegal, immoral, inappropriate, or offensive content; b) Copy, assign, sublicense, sell, lease or pledge, reproduce, donate, alienate in any way, transfer totally or partially, under any modalities, free or onerous, temporary or permanent, the Platform, as well as its modules, parts, manuals, or any information relating to it; c) Employ software, techniques, and/or artifices with the intent to improperly use the Platform for practices harmful to Epublik or third parties, such as exploits, spamming, flooding, spoofing, crashing, root kits, or any similar; d) Reproduce, adapt, modify, and/or employ, in whole or in part, for any purpose, the Platform or any of its contents without Epublik's express authorization; e) Publish or transmit any file containing viruses, worms, trojans, malware, adware, or any other contaminating or destructive program, or that otherwise may interfere with the Platform's proper functioning; f) Use the Platform for a purpose other than that for which it was made available by Epublik; g) Perform reverse engineering; h) Register "robot" accounts or through another automated method; and i) Access third-party data, servers, or accounts that you are not authorized to access. You are also obliged not to include information on behalf of third parties, unless you are their legal representative or have legitimate powers to do so.
15. LIMITATION OF LIABILITY.
THE PLATFORM IS PROVIDED "AS IS". WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR DATA LOSS AND ANY OTHER DAMAGE THAT IS NOT MATERIAL AND DIRECT, EXPRESSLY EXCLUDING LIABILITY FOR LOST PROFITS, WARRANTY COSTS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY DAMAGES, OR FOR BREACH OF TRUST ARISING FROM OR RELATED TO THIS CONTRACT, OR FOR MEASURES IMPOSED BY ANY COURT OF EQUITY, DISGORGEMENT, OR ANY OTHER REASON AND REGARDLESS OF THE BASIS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL OUR LIABILITY UNDER THIS CONTRACT EXCEED THE AMOUNT OF REMUNERATION OWED BY EPUBLIK UNDER THE TERMS OF THIS CONTRACT IN ANY PERIOD PRIOR TO THE CLAIM. IT IS SPECIFICALLY EXCLUDED, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT, OR PRODUCTS PROVIDED BY US OR ON OUR BEHALF IN RELATION TO THIS CONTRACT, ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, 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 BOOKS SENT BY OR ON YOUR BEHALF WILL BE PROTECTED AGAINST THEFT OR MISUSE OR THAT THIRD PARTIES WILL COMPLY WITH ALL CONTENT USAGE RULES FORMULATED 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 CONTENT USAGE 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 WILL NOT BE LIABLE FOR SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS, OR LATENCIES. Epublik will not respond under any circumstances, even jointly or subsidiarily: a) For any damages suffered by You due to decision-making based on information made available on the Platform; b) For any damages suffered by You due to computer system or server failures that are independent of Epublik's fault or your internet connectivity in general, with You having to maintain, at your expense, telecommunication line, modem, communication software, email address, and other resources necessary for communication with Epublik; c) For situations of fortuitous event or force majeure, under applicable legislation; d) For any damages arising from information provided by You; e) For the way your personal data is processed by third parties independently and external to the Platform; f) For acts, omissions, policies, business practices, changes to terms of service, technical failures, suspensions, content removals, or any other actions or decisions of third-party platforms used in the Distribution Service; g) For delays, inaccuracies, or omissions in sales reports provided by third-party platforms; h) For lost sales, revenue reduction, or any financial damage resulting from unavailability, failures, or changes in third-party distribution channels; i) For differences between amounts estimated by the simulation calculator made available on the Platform and amounts actually received by the Author; j) For rejection, removal, or suspension of Books by third-party platforms; k) For violations of third-party rights related to Books content, with the Author being solely responsible for originality, lawfulness, and ownership of rights over published content; l) For printing problems, defects, or imperfections in Printed Books that result from errors, omissions, or inadequacies in files provided by the Author; m) For delays in delivery of Printed Books caused by carriers, Postal Services, or other logistics service providers; n) For loss, damage, or loss of Printed Books during transport, except in cases where Epublik has contracted the transport service and it offers specific insurance or guarantee. Epublik does not guarantee that the functions contained in the Platform will meet your needs, that the Platform's operation will be uninterrupted or error-free, that any functionality will continue to be available, that defects in the Platform will be corrected, or that the Platform will be compatible or function on any devices, applications, services, or third-party applications. 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 attorney's fees, resulting from: (i) improper use of the Platform, or (ii) violation of the conditions agreed upon, or (iii) violation of third-party rights related to Books content, or (iv) buyer complaints related to the quality, content, or characteristics of Books, or (v) violation of laws, regulations, or third-party rights resulting from the publication, distribution, or commercialization of Books. For the production of Digital Books, Epublik's responsibility is limited to making the Platform available, which is automated, with all decisions being made by You, at your own 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 technical specifications presented at the time of contracting and provided that the file supplied by the Author is correct and adequate to the printing technical specifications. IN NO CASE WILL EPUBLIK BE LIABLE FOR PERSONAL DAMAGES OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL LOSS, LOST PROFITS, INCLUDING, WITHOUT LIMITATION, LOSSES FROM PROFIT LOSS, DATA CORRUPTION OR LOSS, FAILURE TO TRANSMIT OR RECEIVE DATA, BUSINESS NON-CONTINUITY, OR ANY OTHER BUSINESS LOSS OR DAMAGE, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM BY YOU OR YOUR INABILITY TO USE THE PLATFORM, FOR ANY OTHER REASON. In the event that Epublik is compelled, by final judicial decision, to indemnify or reimburse You for damages suffered, despite the above, the amount owed to You will be limited to 20% (twenty percent) of the total amount actually paid by You to Epublik for enjoying the functionalities offered by the Platform and in the contracted 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.
16. Force Majeure
Epublik will not be liable for failures or delays in fulfilling 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, fortuitous events, war, terrorism, and labor conditions.
17. General Legal Provisions
Disputes. Any dispute or claim related to this Contract or Epublik will be resolved through mandatory arbitration (waiving the jurisdiction of any court), unless You resort to small claims court, if your claims qualify for such, with the jurisdiction of Ribeirão Preto – SP being defined. Other Legal Determinations. If any provision of this Contract is deemed invalid by a court or by a court with jurisdiction over the parties to this Contract, such determination must be updated to reflect, as much as possible, the original intentions of both parties according to current legislation, 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 executing this Contract. Failure by either party to comply with any provision of this Contract will not constitute a waiver of that party's rights to demand compliance with the obligation subsequently. Any Epublik affiliate may become a party to this Contract and You will be notified if this occurs. The Epublik affiliate integrated into the Contract will be authorized to exercise the rights granted by You under this Contract. Each Epublik party is solely responsible for its obligations under this Contract and is not jointly responsible for the obligations of other Epublik parties. Neither party may assign any of its rights or obligations under this Contract, whether by operation of law or otherwise, without the other party's prior written consent, except that: (a) Epublik may assign any of its rights and obligations under this Contract without your consent and (b) You may assign all of your rights and obligations under this Contract to any legal entity, without consent, in case of sale of all or substantially all of your assets, but you must provide Epublik with written notice of assignment within ten (10) business days after the assignment. Subject to the limitation established herein, this Contract will be binding, benefit, and be enforceable for the parties involved and their respective successors and assigns. This Contract constitutes the complete agreement between the parties with respect to the subject matter, supersedes all and any previous or current agreements between the parties in question, and does not relate to 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 relation to this Contract. To be effective, any notice from either party under this Contract must be made in writing and delivered: (i) if by an Epublik party, via email, through a publication on the Platform website, or through a message to your Platform account, or (ii) if from You to Epublik, via email to suporte@epublik.com.br. Notices will take effect and be considered received on the date they are transmitted or published. The Contract is governed and interpreted in accordance with Brazilian legislation.