ESWUN – Terms and Conditions

1. Eligibility & Account Registration

• You must be at least 18 years old to use the Service.
• You represent that you have the authority to enter into these Terms on behalf of yourself or your business.
• You agree to provide accurate, current, and complete account information.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

2. Scope of the Service

ESWUN is a software tool only.

The Service may include features such as:

• Uploading, storing, and managing digital files
• Sharing visual assets for review
• Tracking versions, revisions, and statuses
• Recording workflow activity and internal notes

ESWUN does not:

• Enter into agreements between users and third parties
• Act as an agent, broker, or intermediary
• Enforce, validate, or guarantee decisions or approvals
• Participate in manufacturing, production, fulfillment, or delivery

All business decisions and outcomes occur outside of ESWUN.

3. User Responsibility

• You are solely responsible for how you use the Service within your workflow or business.
• ESWUN does not verify the accuracy, completeness, or suitability of any content, files, or records created using the Service.
• Any reliance on information stored or displayed in the Service is at your own discretion.

4. No Warranties or Guarantees

The Service is provided on an "as-is" and "as-available" basis.

ESWUN makes no warranties, express or implied, including warranties of:

• Merchantability
• Fitness for a particular purpose
• Accuracy, reliability, or availability
• Uninterrupted or error-free operation

Use of the Service is at your own risk.

5. Subscription Plans, Billing & Payments

• Certain features require a paid subscription.
• Pricing, billing cycles, and plan details are disclosed at signup or on our website.
• Fees are non-refundable, except where required by law or explicitly stated otherwise.
• Failure to pay may result in suspension or termination of access.

6. User Content & Intellectual Property

6.1 User Content

• You retain ownership of all content you upload ("User Content").
• You grant ESWUN a limited, non-exclusive license to store, process, and display User Content solely to provide the Service.

6.2 ESWUN Intellectual Property

• ESWUN and its software, workflows, interfaces, and branding are protected by intellectual property laws.
• You may not copy, modify, reverse-engineer, resell, or exploit the Service without written permission.

7. Acceptable Use

You agree not to:

• Use the Service for unlawful purposes
• Upload content you do not have rights to use
• Introduce malware or attempt to disrupt the Service
• Access accounts or data without authorization
• Abuse or overload system resources

8. Data & Privacy

Your use of the Service is governed by our Privacy Policy.

You acknowledge that:

• No system is completely secure
• ESWUN is not responsible for data loss or unauthorized access beyond reasonable security controls

9. Service Changes & Availability

• ESWUN may modify, update, suspend, or discontinue any part of the Service at any time.
• We do not guarantee that any feature will remain available indefinitely.
• ESWUN shall not be liable for any modification, suspension, or discontinuation of the Service.

10. Limitation of Liability

To the maximum extent permitted by law:

• ESWUN shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of data, profits, or business opportunities.
• ESWUN's total liability for any claim shall not exceed the amount paid by you for the Service during the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless ESWUN from any claims, damages, or expenses arising from:

• Your use or misuse of the Service
• Your User Content
• Your violation of these Terms

12. Termination & Discontinuation

• You may cancel your account at any time.
• ESWUN may suspend or terminate your access to the Service at any time, with or without cause, including if we believe you have violated these Terms.
• ESWUN may also modify, discontinue, or cease offering the Service in whole or in part, at its sole discretion.
• Where reasonably practicable, ESWUN will provide advance notice of material service discontinuation.
• Upon termination or discontinuation, your right to access and use the Service will immediately cease.
• ESWUN shall not be liable for any losses or damages resulting from termination or discontinuation of the Service.
• Where commercially reasonable, ESWUN may allow users a limited opportunity to export their data prior to permanent deletion.

13. Governing Law

These Terms are governed by the laws of the State of North Carolina, excluding its conflict-of-laws principles, to the extent permitted by applicable law.

14. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Contact Information

ESWUN

Email: support@eswun.com

Website: eswun.com