Terms & Conditions + Privacy Policy

TERMS & CONDITIONS + PRIVACY POLICY

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IMPORTANT: Earnings & Legal Disclaimers

Notice: Any statements of earnings are either examples or estimates of potential earnings and should not be considered typical. Success in monetizing content as with any other form of monetization, requires significant work ethic, knowledge in how monetization works, and understanding that chance plays a big part in the success of monetization. Many factors impact whether or not you will earn money while monetizing content, some of which you can control and some of which you cannot. Any effort to monetize content with Empyre is done at your own risk and we recommend always performing your own due diligence. All of Empyre's memberships and supporting information is for educational purposes and should not be considered legal or financial advice and it is always recommended that you seek the advice of professionals. You agree that Empyre is not responsible for the success or failure of your financial decisions relating to any information presented by our company or our representatives.

Terms & Conditions | Privacy Policy

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Last updated on May 4th, 2023

By signing up for an Empyre account you are agreeing to be bound by the following terms and conditions (“Terms of Service”). You are encouraged to check the Terms of Service from time to time for any updates or changes that may impact you and or your business. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Empyre

Note: Questions about the Terms of Service should be sent to

support@empyreapp.com

) Account terms

You must be at least 12 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this service.
To access and use the Services, you must initially register for an account (“Account”) by providing your full legal name, valid email address, and any other information indicated as required. Empyre may reject your application for an account, or cancel an existing account, for any reason, at our sole discretion.
You acknowledge that Empyre will use the email address and or phone number you provide as the primary method for communication.
A breach or violation of any term in the terms of service as determined in the sole discretion of Empyre's service will result in an immediate termination of your services.

Which means

Do Not use Empyre for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service. Again, if we need to reach you, we will send you an email or call you using the phone number and information you provided when you initially registered for an Account with Empyre.

5. Empyre is an invite-only platform, so in order to receive access to the Empyre App and Website members area, you must receive an invite containing an invite code from somebody else who already has access to the Empyre App and Website members area or have your invitee fill out a referral application form and have it approved by Empyre.

2.) General conditions

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service and Privacy Policy before you may become a member of Empyre. If you signup for an Empyre membership, that means you have read and agreed to our Terms and Conditions and our Privacy Policy.

Technical support is only provided to account holders and is only available via email.
The Terms of Service shall be governed by and interpreted in accordance with the laws of Ontario and the laws of Canada applicable therein, without regarding two principles of conflict of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service.
You acknowledge and agree that Empyre may amend these terms of service at any time by posting the relevant amended and restated Terms of Service on the Empyre App or Website, available at your continued use of the Services after the amended Terms of Service are posted to the Empyre website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Empyre.

3.) Empyre

We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time. Reasons for refusal of service include but are not limited to; Staff has suspicion that you have signed up for a membership with amoral intentions (Including but not limited to; attempting to and/or successfully causing harm to others. We believe based on our sole judgment that you are not a legitimate person, business, or company. We (Empyre) believe based on our sole judgment that you have the intent to commit a crime.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Empyre employee, member, or officer will result in immediate account termination.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation in order to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, a copy of government-issued photo ID, the last four digits of the credit card on file, etc.
Empyre has the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Empyre reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

Which means

we can modify, cancel, or refuse service at any time.

In the event of an ownership dispute over an Empyre account, we can freeze the account or transfer it to the rightful owner.

6. Empyre reserves the right to terminate all payouts and pause all memberships in the event where Empyre cannot afford to payout clients in fairness to all parties involved (Empyre & Clients).

7. Any and all forms of bullying, harassment, racism, sexism, hate speech, homophobic slurs, racial prejudice, religious intolerance, etc. will NOT be tolerated and will result in a temporary Account suspension or permanent termination of your account.

4.) Limitation of liability

You expressly understand and agree that Empyre shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the service.
In no event shall Empyre be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site and app, our services for this agreement. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Empyre, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to arising out of your breach of this agreement or the documents it incorporates by reference or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an as-is and as available basis without any warranty or condition, express implied, or statutory.
Empyre does not warrant that the service will be uninterrupted, timely, secure, or error-free.
Empyre does not warrant that the results that may be obtained from the use of service will be accurate or reliable.
Empyre does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the service will be corrected.

Which means

We are not responsible if you break the law, breach this agreement, or go against the rights of a third party, especially if you get sued. Service is as is so it may have errors or interruptions and we provide no warranties.

5.) Waiver and complete agreement

The failure of Empyre to exercise or enforce any rate or provision of the terms of service shall not constitute a waiver of such right or provision. The terms of service constitute the entire agreement between you and Empyre and governs your use of the Service, superseding any prior agreements between you and Empyre (including, but not limited to, any prior versions of the Terms of Service).

Which means

If Empyre chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These Terms of Service make up the agreement that applies to you. This means that any previous agreement between you and Empyre doesn’t apply if they conflict with these terms and your responsibility.

6.) Refund/Return Policy - Cancellation and termination

We offer a refund/return policy, on a per case basis. You may request a refund by contacting us and submitting a request by contacting us at

support@empyreapp.com

You may cancel your account at any time by emailing support@empyreapp.com and then following the specific instructions indicated to you in Empyre's response. Upon termination of these Services by either party for any reason:

Empyre will cease providing you with the services and you will no longer be able to access your account;

unless otherwise provided in the Terms of Service, you will not be entitled to any refund of any fees, pro-rata or otherwise;

any outstanding balance owed to Empyre for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

We reserve the right to modify or terminate the Empyre service for any reason, without notice at any time.

Fraud: Without limiting any other remedies, Empyre may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Which means

To initiate a cancellation, email support@empyreapp.com. Empyre will respond with specific information regarding the cancellation process for your account. Once the cancellation is confirmed, all your content will be permanently deleted, and domains purchased through Empyre will no longer be automatically renewed. If you cancel in the middle of the month, you will have one last email invoice. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

7.) Security

Empyre does not handle “Card Data” (defined as a cardholder's account number, expiration date) as we do NOT receive or store cardholder data.

8.) Optional tools

Empyre provides you with access to third-party tools over which Empyre neither monitors nor has any control or input.
You acknowledge and agree that Empyre provides access to such tools as is without any warranties, representations, or conditions of any kind and without any endorsement. Empyre shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).
Empyre strongly recommends that merchants seek specialist advice before using or relying on certain tools.

Which means

We are not responsible for third-party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.

9.) Legal responsibility

Empyre assumes no responsibility nor warranty regarding meeting applicable disclosure requirements in your customer communications and notifications, including but not limited to state and federal requirements. You are solely responsible for keeping such disclosure requirements in compliance with applicable authorities.

Which means

Make sure you provide relevant email notifications for necessary subscription-related disclosures for state and other authorities that require them.

10.) Ads

1. While running ads on the Empyre App or Website, either through third-party vendors or ads hosted by Empyre, we do not guarantee that ads will show as the ad publisher desires each time. We also do not guarantee that ads will lead to sales, higher earnings through content monetization, and any other possible benefit or outcome.

2. Empyre and third parties do not guarantee this service will run effectively every time without occasional errors that are in or out of our control.

3. With any error that may occur with the service, Empyre will try its best to resolve and correct the issue.

11.) Monetization

1. Empyre reserves the right to decline any service at any time for any reason to account holders.

2. In order to have your Empyre Account approved for monetization, you must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this service or have a parental guardian co-sign.

3. Empyre reserves the right to decline payouts to accounts or demonetize accounts that Empyre believes have abused the Terms & Conditions.

4. If incorrect or false payment information is given to Empyre, Empyre will not send you a payment.

5. Empyre will send either a direct deposit with the information provided by the Account Holder or a cheque in the mail to the address provided by the Account Holder, to monetized accounts with their correct earnings.

6. If in the event where Empyre is unable to send you a payment, Empyre will hold the payment and earnings until the issue is resolved. If the issue is not resolved within 30 days, Empyre will cancel the payment and no payouts will be sent.

12.) Privacy & Data Protection

Empyre is firmly committed to protecting the privacy of your personal information. By using the Service, you acknowledge and agree that Empyre, usage, and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Empyre and use of personal information of any European residents is also subject to our Data Processing Addendum

13.) Copyright Infringement

1. Empyre App does not condone the use of copyrighted content without the proper permissions or licenses from the copyright owner.

2. Members of Empyre App are solely responsible for ensuring that any content they upload or share on Empyre App does not infringe on the copyright of others.

3. Empyre App does not assume any liability for any copyright infringement or legal action that may arise as a result of members using copyrighted content on Empyre App.

4. We reserve the right to remove any content that is found to be infringing on the copyright of others, without prior notice.

5. Members who repeatedly violate copyright laws and use copyrighted content without permission may have their accounts terminated, and legal action may be taken against them.

6. Empyre App provides tools and resources to help members understand and comply with copyright laws, but it is the responsibility of the members to use these resources appropriately.

7. Empyre App does not guarantee the accuracy or legality of any content uploaded or shared by members, and we are not responsible for any damages or losses that may result from the use of such content.

8. By using Empyre App, members agree to indemnify and hold harmless the platform and its affiliates from any claims, suits, or legal actions arising from their use of copyrighted content on Empyre App.

9. Any copyrighted content used in your post will automatically disqualify your post from monetization.

10. These terms and conditions are subject to change at any time, and members are advised to review them periodically for updates.

14.) Engagement Fraud

1. Engagement fraud is strictly prohibited on our platform. Any user found to be engaging in such fraudulent activities will be subject to account suspension or termination.

2. We do not monetize accounts that commit engagement fraud. This means that any user found to be engaging in fraudulent activities will not be eligible for any rewards, prizes, or any form of monetization on our platform.

3. Engagement fraud includes, but is not limited to, the use of bots, fake accounts, or any other means to artificially inflate engagement metrics such as likes, comments, shares, or followers.

4. We reserve the right to investigate and take action against any user suspected of engaging in fraudulent activities, including the suspension or termination of their account.

5. Users who wish to monetize their accounts must agree to abide by our terms and conditions and refrain from engaging in any fraudulent activities.

6. We encourage users to report any suspicious activity or behavior that may be indicative of engagement fraud.

7. We reserve the right to modify these terms and conditions at any time without prior notice. It is the user's responsibility to regularly review these terms and conditions to ensure compliance.

15.) FORFEITING PAYOUTS

1. Payouts to members are subject to availability of funds and the financial viability of our business.

2. We reserve the right to forfeit payouts to members if we are unable to afford paying them due to financial constraints.

3. The decision to forfeit payouts will be taken by our management team after due consideration of all factors.

4. We will make every effort to communicate any changes to our payout policy to our members in a timely and transparent manner.

5. Members who have been affected by the forfeiture of payouts will be informed of the reasons for the decision and provided with any relevant information.

6. We will not be liable for any losses or damages incurred by members as a result of forfeited payouts.

7. Members agree to release us from any liability arising from the forfeiture of payouts.

8. We reserve the right to amend these terms and conditions at any time without prior notice.

9. The business reserves the right to forfeit payments to members in the event that there is not enough revenue generated, but will make every effort to notify members well in advance and provide alternative options to prevent forfeiture of payouts.