1. Introduction

Welcome to Escrowfy. These Terms of Service ("Terms") govern your access to and use of the Escrowfy website, applications, APIs, and other online products and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Please read these Terms carefully, as they include important information about your legal rights and limitations on those rights.

2. Account Registration and Requirements

To use certain features of our Services, you must create an account. When you create an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use a strong password (a combination of upper and lower case letters, numbers, and special characters).

You must be at least 18 years of age or the age of legal majority in your jurisdiction to create an account and use our Services. By creating an account, you represent and warrant that:

• You are at least 18 years old or the age of legal majority in your jurisdiction
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations
• You have not been previously suspended or removed from our Services

If you are creating an account on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Use of Services

3.1. License to Use Services

Subject to your compliance with these Terms, Escrowfy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.

3.2. Service Limitations and Modifications

Escrowfy reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services. We may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

3.3. User Content

Our Services allow you to post, upload, store, share, send, or display content, including product listings, messages, ratings, reviews, images, and other materials ("User Content"). You retain all rights in and are solely responsible for the User Content you post.

By posting User Content, you grant Escrowfy a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating and providing the Services.

4. Marketplace and Transactions

4.1. Escrow Service

Escrowfy provides an escrow service to facilitate transactions between buyers and sellers. By using our escrow service, you agree to comply with our Escrow Policy, which is incorporated by reference into these Terms.

4.2. Transaction Process

When you engage in a transaction as a buyer or seller, you agree to:

• Provide accurate and complete information regarding products, services, and transaction terms
• Comply with all terms of the transaction as agreed between buyer and seller
• Use our platform for all transaction-related communications
• Complete the transaction through our escrow service
• Abide by our dispute resolution process if issues arise

4.3. Fees and Charges

Escrowfy charges fees for certain services as described in our Fee Schedule, which is incorporated by reference into these Terms. We reserve the right to change our fees at any time by posting updates to our Fee Schedule. Your continued use of our Services after any fee change constitutes your agreement to pay the updated fees.

4.4. Taxes

You are responsible for paying all taxes associated with your use of the Services, including taxes on transactions. Sellers are responsible for determining whether they need to collect taxes from buyers and for collecting, reporting, and remitting the correct amounts to the appropriate tax authorities.

5. User Conduct and Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable law, regulation, or third-party rights
• Using the Services for any illegal purpose or to promote illegal activities
• Posting or transmitting viruses, malware, or other malicious code
• Attempting to gain unauthorized access to the Services or other users' accounts
• Interfering with the proper functioning of the Services
• Engaging in fraudulent or deceptive conduct
• Selling or attempting to sell prohibited items as listed in our Acceptable Use Policy
• Creating multiple accounts to evade penalties or restrictions
• Collecting users' information without their consent
• Harassing, threatening, or intimidating other users
• Impersonating Escrowfy, our employees, or other users
• Using automated methods to access or use the Services without our permission
• Circumventing or attempting to circumvent our escrow service

Escrowfy reserves the right to investigate and take appropriate legal action against violations of these Terms, including removing content, terminating accounts, and reporting activity to law enforcement authorities.

6. Intellectual Property Rights

6.1. Escrowfy Intellectual Property

The Services, including all content, features, functionality, and user interface designs, are owned by Escrowfy or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services, or any content, features, or functionality of the Services, other than the limited license described in Section 3.1.

6.2. Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you hereby assign to Escrowfy all rights in such Feedback and agree that Escrowfy shall have the right to use such Feedback in any manner it deems appropriate without any obligation to you.

6.3. Copyright Infringement

Escrowfy respects the intellectual property rights of others and expects users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a notice containing the information specified in our Copyright & IP Policy.

7. Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated by reference into these Terms, explains how we collect, use, and disclose information about you in connection with your use of the Services. By using the Services, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.

8. Disclaimers and Limitations of Liability

8.1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ESCROWFY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ESCROWFY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY WEBSITES OR SERVICES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES

8.2. Limitation of Liability

IN NO EVENT SHALL ESCROWFY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES:

• FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
• FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION)
• FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) FEES PAID TO ESCROWFY FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ESCROWFY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Indemnification

You agree to indemnify, defend, and hold harmless Escrowfy, its affiliates, officers, directors, employees, consultants, agents, suppliers, and partners from any and all claims, liability, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:

• Your User Content
• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of any other person or entity
• Your conduct in connection with the Services

Escrowfy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

10. Dispute Resolution

10.1. Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of [Jurisdiction], without giving effect to any principles of conflicts of law.

10.2. Dispute Resolution Procedure

Any dispute arising out of or relating to these Terms or the Services shall be resolved in accordance with our Dispute Resolution Policy, which is incorporated by reference into these Terms.

10.3. Waiver of Class Actions

YOU AND ESCROWFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11. Termination

Escrowfy may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Services, or you may notify us through our contact form.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Miscellaneous

12.1. Entire Agreement

These Terms, together with the Privacy Policy, Escrow Policy, and any other legal notices or additional terms and conditions or policies published by Escrowfy on the Services, shall constitute the entire agreement between you and Escrowfy concerning the Services.

12.2. Severability

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

12.3. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Escrowfy's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Escrowfy without restriction.

12.5. Amendments

Escrowfy reserves the right to modify or replace these Terms at any time at its sole discretion. We will provide notice of any material changes through the Services, via email, or other means. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms.

13. Contact Information

If you have any questions about these Terms or the Services, please contact us at:

Email: legal@escrowfy.com

Or through our support ticket system available on our website.