1. Agreement to Terms

Through the utilization of our Services, you signify your acceptance and agreement to abide by these Terms. If you do not concur with these Terms, please refrain from using the Services. If you are accessing and employing the Services on behalf of an organization (like your employer) or another legal entity, you affirm and guarantee that you possess the authority to legally obligate that entity to adhere to these Terms. In such instances, references to "you" and ""your" pertain to that particular entity.

2. Privacy Policy

We kindly request you to examine our Privacy Policy, which additionally regulates your utilization of the Services. This document contains details about how we collect, employ, and distribute your information.

3. Changes to these Terms or the Services

We reserve the right to periodically revise the Terms at our own discretion. In the event of such revisions, we will provide notification by posting the updated Terms on the Site, within the App, or through other communication methods. It's crucial for you to review the Terms whenever updates occur or when you utilize the Services. If you choose to continue using the Services after the updated Terms have been posted, it signifies your acceptance and agreement to the modifications. If you do not concur with these changes, you should cease using the Services. Given that our Services are continually evolving, we maintain the authority to alter or discontinue the entirety or specific portions of the Services at any time and without prior notice, at our sole discretion.

4. Our Services

4.1. Overview

Via our platform, we provide an online space for users to exchange and explore travel- related content and data, commonly referred to as "Travel Content." When you utilize our platform to generate and distribute Travel Content, you are identified as a "Content Creator" as per these Terms. Conversely, in the context of these Terms, a "Visitor" pertains to a user of our platform who engages with and, on occasion, acquires access to Travel Content that Content Creators make accessible. It's important to note that our role under these Terms primarily involves facilitating the accessibility of our platform, serving as an intermediary connecting Visitors and Content Creators.

4.2. Becoming a Seller

Periodically, Visitors may also be presented with the opportunity to procure access to specific premium Travel Content by remitting a fee as specified by Epic Travel or the Content Creator. We label this type of content as "Paid Content" in these Terms. Content Creators keen on offering Paid Content or the option to receive "tips" from Visitors must submit an application to Epic Travel to be recognized as a "Seller." Commence the application process by adhering to the instructions available on our platform. It's important to note that we hold the prerogative to accept or decline any Seller applications without any specific rationale. Should your application receive approval, and upon your acceptance of the stipulations articulated in the "Seller Addendum" provided to you in conjunction with the application procedure, you will attain the status of a Seller. This addendum encompasses provisions elucidating the payment mechanisms for Sellers in exchange for access to their Paid Content, along with other particulars pertinent to a Seller's provision of such content through our platform.

5. Who May Use the Services?

You may access and use the Epic Travel Services provided you are at least 18 years of age and possess the legal capacity to enter into a binding agreement with Epic Travel and are not prohibited from using our Services by applicable laws. Some aspects of our Services, such as Content Creator or Seller functionalities, may necessitate the creation of an account. It is your responsibility to ensure the security of your account and maintain accurate account information. If you suspect any unauthorized use of your account, please promptly contact us at dloh@epictravel.ai.

6. Content Ownership, Responsibility, and Removal

6.1. Posting Content

You may post content, including photos, comments, links, and other materials (collectively, “User Content”), that is subject to copyright and other intellectual property rights of yourself and third parties. You agree that any User Content that you post do not, and will not violate any law or infringe any rights of any third party, including without limitation any Intellectual Property Rights (as defined below), publicity rights, or rights of privacy.

6.2. Permissions to Your User Content

You grant Epic Travel a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Epic Travel solely for the purposes of operating, developing, providing, and using the Epic Travel Services. Nothing in these Terms shall restrict other legal rights Epic Travel may have to User Content, for example under other licenses.

6.3. Your Responsibility for User Content

By posting User Content, you agree to be solely responsible for the content and any harm resulting from that Content. You represent that you have all the necessary rights to post that Content and that you're not violating any law or rights by posting it.

6.4. Removal of User Content

If you remove User Content from the Services, our general license to that Content will end after a reasonable time. However, you understand and accept that removed Content may persist in backup copies for a reasonable period (but will not be available to others).

6.5. Epic Travel's Intellectual Property

Epic Travel does not claim any ownership in any User Content that you post on or through the Services. Instead, when you post User Content on or through the Services, you grant Epic Travel a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media.

6.6. Permission Granted by Epic Travel to Travel Content

In connection with your use of the Services, Epic Travel may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

7. Payments

You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). We will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law.

8. Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services (“Feedback”). If you provide any Feedback to us, you agree that we may use the Feedback for any purpose, including to improve the Services and develop new features and offerings.

9. Rights and Terms for Apps

9.1. App License

Subject to your compliance with these Terms, Epic Travel grants you a limited, non- exclusive, non-sublicensable, revocable, non-transferrable license to: (i) download and use the Apps on your personal device(s); and (ii) access and view any content made available in or through the Apps strictly in accordance with these Terms.

9.2. Additional Information: Apple App Store

You acknowledge and agree that these Terms are solely between you and Epic Travel, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of the Apps must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.

10. General Prohibitions and Epic Travel's Enforcement Rights (Continued)

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

• Violating Law: You may not use the Services for any purpose that is illegal or prohibited by these Terms. You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations.

• Fraud, Deception, or Misrepresentation: You may not engage in fraudulent, deceptive, or misleading conduct while using the Services. This includes misrepresenting your identity, qualifications, or any information submitted to Epic Travel.

• Harassment and Abuse: You may not harass, abuse, threaten, or intimidate other users of the Services or any Epic Travel employees or agents.

• Interference with the Services: You may not interfere with or disrupt the Services, servers, or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.

• Unauthorized Access: You may not access or use the Services in any way that is not expressly authorized by Epic Travel, including any attempt to probe, scan, or test the vulnerability of the Services or breach any security or authentication measures.

• Reverse Engineering: You may not engage in fraudulent, deceptive, or misleading conduct while using the Services. This includes misrepresenting your identity, qualifications, or any information submitted to Epic Travel.

• Circumventing Protections: You may not bypass, remove, deactivate, or impair any protection mechanisms, such as digital rights management, used with the Services.

• Impersonation: You may not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Selling or Reselling the Services: You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use the Services, or access the Services without the express written permission of Epic Travel.

• Violating Others' Rights: You may not infringe upon the rights of others, including privacy, publicity, intellectual property, or other proprietary rights.

• Illegal Content: You may not post, upload, publish, submit, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

• Unauthorized Use of Content: You may not use the Services to distribute or use any content or materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Epic Travel reserves the right to fully investigate and prosecute violations of any of the above prohibitions of the law. In addition, Epic Travel may take a range of enforcement actions, including but not limited to suspending or terminating your account, removing or disabling access to any User Content, and cooperating with law enforcement authorities.

Epic Travel reserves the right to fully investigate and prosecute violations of any of the above prohibitions of the law. In addition, Epic Travel may take a range of enforcement actions, including but not limited to suspending or terminating your account, removing or disabling access to any User Content, and cooperating with law enforcement authorities.

11. Links to Third-Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links as a convenience, but we do not endorse or make any representations about these third-party websites or resources. You acknowledge and agree that we are not responsible for the availability, content, or accuracy of these third-party websites or resources. Your use of third-party websites or resources is at your own risk.

12. DMCA/Copyright Policy

Epic Travel respects copyright law and expects its users to do the same. It is our policy to terminate, in appropriate circumstances, the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders.

13. Termination

We reserve the right to suspend or terminate your access to and use of the Services at our sole discretion and without notice, for any reason, including your breach of these Terms. Upon termination, your right to access or use the Services will immediately cease.

14. Warranty Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

15. Indemnity

You agree to indemnify and hold Epic Travel, its affiliates, officers, agents, employees, and partners harmless from and against all claims, liabilities, damages (actual and consequential), losses, and expenses arising from or in any way related to your use of the Services or your violation of these Terms.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Epic Travel and its affiliates, officers, agents, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your use or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Services; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and (f) user content or the defamatory, offensive, or illegal conduct of any third party.

17. Governing Law and Forum Choice

These Terms shall be governed by and construed in accordance with the laws of the Federal Territory of Labuan, without regard to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in the Federal Territory of Labuan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

18. Dispute Resolution

18.1. Informal Resolution

In the event of a dispute, claim, or controversy arising out of or relating to these Terms, you and Epic Travel agree to first attempt to resolve the dispute informally. You will contact Epic Travel's customer support team to describe your issue, and Epic Travel will attempt to resolve the dispute informally by contacting you via email. If the dispute cannot be resolved within thirty (30) days after it is first submitted to customer support, either party may initiate arbitration as described in Section 18.2 below.

18.2. Binding Arbitration

If you and Epic Travel cannot resolve a dispute informally, both parties agree that any dispute, claim, or controversy arising from or related to these Terms or their breach, termination, enforcement, interpretation, or validity, including the scope or applicability of this arbitration agreement, will be settled through arbitration in the Federal Territory of Labuan. This arbitration shall be conducted before a single arbitrator, and the administration of the arbitration will be handled by the authorized arbitration administrator in Labuan, following its Commercial Arbitration Rules and Procedures, or any other rules that both parties may mutually consent to. The decision made by the arbitrator can be enforced in any court with jurisdiction over the matter.

18.2.1. Class Action Waiver

You and Epic Travel agree that any arbitration or legal action shall be limited to the dispute between us and not include any dispute or claim by any other party. You and Epic Travel expressly waive any right to participate in any class action involving disputes between us.

18.2.2. Arbitration Administrator

The arbitration shall be administered by an authorised arbitration administrator, a neutral third-party chosen by mutual agreement of the parties. The arbitrator shall be a person with substantial experience in resolving intellectual property and commercial contract disputes and shall be selected from the appropriate list of arbitrators in accordance with the authorised arbitration administrator’s rules and procedures.

18.2.3. Arbitration Location and Procedure

The arbitration shall be conducted in the Federal Territory of Labuan, unless you and Epic Travel agree otherwise. The arbitration shall be conducted in accordance with the rules of the authorised arbitration administrator in effect at the time of filing of the arbitration, except as they may be modified by these Terms or by mutual agreement of the parties. The arbitrator shall render a written decision within 90 days after the hearing.

18.2.4. Costs of Arbitration

The cost of the arbitration, including the arbitrator’s fees, shall be shared equally by the parties unless the arbitrator finds in favour of one party in a manner that is deemed equitable under the circumstances.

18.3. Exception to Arbitration

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.

18.4. Opt-Out

You may opt-out of this arbitration agreement. If you do so, neither you nor Epic Travel can require the other to participate in an arbitration proceeding. To opt-out, you must notify Epic Travel in writing within 30 days of the date that you first became subject to this arbitration provision.

18.5. Governing Law

This arbitration arrangement is regulated by the Federal Arbitration Act, in accordance with Labuan arbitration procedures.

18.6. Severability

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

19. General Terms

19.1. Entire Agreement

These Terms constitute the entire agreement between you and Epic Travel concerning the subject matter hereof. They encompass all discussions, negotiations, and prior agreements, whether oral or written, regarding your use of the Services. This means that any prior understandings or agreements, whether in email, verbal discussions, or written contracts, are hereby null and void and superseded by these Terms.

19.2. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The unenforceable or invalid provision will be replaced by a valid and enforceable provision that closely matches the intent of the original provision to the maximum extent possible under applicable law.

19.3. Waiver

The failure of Epic Travel to enforce any right or provision in these Terms shall not constitute a waiver of that right or provision unless explicitly acknowledged and agreed upon in writing by Epic Travel. Any waiver of any right or provision by Epic Travel will be effective only as to that specific instance and purpose and will not be considered a waiver of any other right or provision.

19.4. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations herein, without the prior written consent of Epic Travel. Epic Travel may assign or transfer these Terms, in whole or in part, to any third party without your consent. Any assignment or transfer in violation of this section will be null and void.

19.5. Relationship

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. You acknowledge that you are an independent contractor, and that no other relationship is intended or established through your use of the Services.

19.6. Headings

The headings used in these Terms are for convenience only and do not affect the interpretation of these Terms.

19.7. Changes to the Terms

Epic Travel reserves the right to modify or revise these Terms at any time, at its sole discretion. Any changes to these Terms will be effective immediately upon posting on the Epic Travel platform. You are responsible for regularly reviewing these Terms. Your continued use of the Services after any changes to these Terms constitutes your acceptance of those changes.

19.8. Contact Information