Terms and conditions

EZBook Terms and Conditions, and Privacy Policy

Effective Date: Jan 14, 2024

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE EZBook SERVICE OFFERED BY EZBook, A Corporation LOCATED AT Delaware, USA (“WE”, “US”, “OUR”, “COMPANY”).

BY ACCESSING OR USING THE SERVICE IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE (ezbook.com), REGISTERING AN ACCOUNT, OR UTILIZING ANY PART OF THE SERVICE, YOU OR THE ENTITY YOU REPRESENT (“USER”, “YOU”, “YOUR”) AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “USER”, “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.

1. Definitions

• “Service”: Refers to the EZBook or ezbook.com software-as-a-service platform, including associated websites (e.g., new.ezbook,com, app.ezbook.com), applications, software, APIs, documentation, features, functionalities, and related services provided by EZBook.
• “User Content”: Refers to any data, information, text, graphics, code, video, audio, or other materials uploaded, submitted, posted, stored, processed, displayed, or otherwise transmitted by you or your authorized end-users through the Service.
• “Subscription”: Refers to the specific plan selected by the User which outlines the scope of Service features, usage limits (e.g., number of users, storage capacity, transaction volume), Subscription Term, and associated Fees.
• “Subscription Term”: The period during which the User is permitted to access and use the Service under a valid Subscription.
• “Fees”: The charges payable by the User for access to and use of the Service according to their Subscription.
• “Confidential Information”: Includes all information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes, but is not limited to, the terms of this Agreement, User Content, business and marketing plans, technology and technical information, product plans and designs, and business processes. It does not include information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party.
• “Intellectual Property Rights”: Means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
• “Documentation”: Means the operator and user manuals, guides, specifications, and other materials provided by the Company, whether in print or electronic form, that describe the functionality, components, features, or requirements of the Service.

2. Service Access and License Grant

• 2.1 License Grant: Subject to your compliance with these Terms, timely payment of all applicable Fees, and the specifics of your Subscription, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license during the Subscription Term to access and use the Service solely for your internal business purposes [or specify other permitted use, e.g., personal non-commercial use], in accordance with the Documentation.
• 2.2 Usage Limits: The Service may be subject to usage limits specified in your Subscription plan (e.g., number of users, data storage, API calls). If you exceed a contractual usage limit, we may work with you to seek to reduce your usage so that it conforms to that limit. If, notwithstanding our efforts, you are unable or unwilling to abide by a contractual usage limit, you agree to execute an order form for additional quantities of the applicable Services or content promptly upon our request, and/or pay any invoice for excess usage.
• 2.3 Restrictions: You shall not (and shall not permit, authorize, or encourage any third party to): (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than authorized users in furtherance of your internal business purposes as expressly permitted by these Terms; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Service or any software, documentation, or data related to the Service; (c) modify, translate, or create derivative works based on the Service or any part thereof; (d) use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; (e) remove any proprietary notices or labels from the Service or Documentation; (f) use the Service in any manner that violates applicable laws, regulations, or ordinances, or infringes upon the rights of any third party; (g) attempt to gain unauthorized access to the Service or its related systems or networks; (h) use the Service to store or transmit malicious code, viruses, Trojan horses, or worms; (i) use the Service to store or transmit infringing, libelous, unlawful, or tortious material, or to store or transmit material in violation of third-party privacy rights; (j) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein; (k) perform vulnerability scanning, penetration testing, or similar security assessments without our prior written consent.

3. User Accounts and Responsibilities

• 3.1 Account Registration: To access the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• 3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials (including usernames and passwords) and for all activities that occur under your account(s). You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
• 3.3 User Conduct: You are solely responsible for your conduct, the conduct of your authorized users, and all User Content while using the Service. You agree to comply with all applicable laws and regulations in connection with your use of the Service. You are responsible for ensuring that your use of the Service does not violate any third-party rights, including privacy and intellectual property rights.
• 3.4 Authorized Users: If your Subscription allows, you may authorize employees or contractors (“Authorized Users”) to use the Service on your behalf. You remain responsible for all acts and omissions of your Authorized Users in connection with their use of the Service.

4. Fees and Payment

• 4.1 Subscription Fees: You agree to pay all Fees specified in your chosen Subscription plan and any applicable order forms. Except as otherwise specified herein or in an order form, (i) Fees are based on the Subscription purchased and not actual usage, (ii) payment obligations are non-cancelable and Fees paid are non-refundable (except as explicitly stated in these Terms or required by law), and (iii) quantities purchased cannot be decreased during the relevant Subscription Term.
• 4.2 Billing and Payment: Fees will be invoiced in advance and otherwise in accordance with the relevant Subscription plan. You will provide the Company with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to the Company. If you provide credit card information, you authorize the Company to charge such credit card for all Services listed in the order form for the initial subscription term and any renewal subscription term(s). Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable order form.
• 4.3 Late Payments: If any invoiced amount is not received by the Company by the due date, then without limiting our rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) we may condition future subscription renewals and order forms on payment terms shorter than those specified in Section 4.2. We may suspend or terminate your access to the Service if Fees remain overdue for [e.g., 30] days past the payment due date.
• 4.4 Taxes: Our Fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. If we have the legal obligation to pay or collect Taxes for which you are responsible under this section, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against us based on our income, property, and employees.
• 4.5 Fee Changes: We reserve the right to change the Fees or applicable charges and to institute new charges upon [e.g., 60] days’ prior notice to you (which may be sent by email or posted within the Service). Such changes will apply to the next renewal term or new Subscriptions.

5. Intellectual Property Rights

• 5.1 Our Intellectual Property: We and our licensors retain all right, title, and interest, including all related Intellectual Property Rights, in and to the Service, the Documentation, our Confidential Information, and any underlying software, technology, templates, formats, tools, algorithms, and know-how, including any modifications, enhancements, or derivative works thereof. This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Service or our Intellectual Property Rights, except for the limited license granted in Section 2.1. The [Your Company Name] name, logo, and the product names associated with the Service are trademarks of [Your Company Name] or third parties, and no right or license is granted to use them.
• 5.2 User Content: As between you and us, you retain all right, title, and interest, including all Intellectual Property Rights, in and to your User Content. You grant us and our authorized third-party service providers a worldwide, non-exclusive, royalty-free, fully paid-up, transferable license to host, use, process, store, modify, display, reproduce, and transmit your User Content solely as necessary for us to provide, maintain, secure, and improve the Service, to prevent or address service or technical problems, as required by law, or as expressly permitted in writing by you. You represent and warrant that you have all necessary rights, consents, and permissions to grant the foregoing license and to submit the User Content to the Service, and that the User Content does not infringe or violate any third-party rights or applicable laws.
• 5.3 Feedback: If you or your users provide us with any suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to the Service (“Feedback”), you hereby grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to use, incorporate, and commercially exploit such Feedback in any manner without restriction or attribution.

6. Confidentiality

• 6.1 Obligations: The Receiving Party agrees to: (a) use the Confidential Information of the Disclosing Party solely for the purpose of exercising its rights and performing its obligations under these Terms; (b) protect the Confidential Information with the same degree of care it uses to protect its own confidential information of like nature, but in no event less than reasonable care; and (c) not disclose the Confidential Information to any third party except its employees, contractors, and agents who have a need to know for the purposes of this Agreement and who are bound by confidentiality obligations at least as restrictive as those herein.
• 6.2 Compelled Disclosure: The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.

7. Data Privacy and Security

• 7.1 Privacy Policy: Our collection, use, and processing of personal data provided by you or collected through the Service are governed by our Privacy Policy, available at [Link to Your Privacy Policy], which is hereby incorporated by reference. You agree to the terms of the Privacy Policy.
• 7.2 Security: We will maintain appropriate administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of User Content processed by the Service. However, you acknowledge that the internet is not a completely secure environment, and we cannot guarantee absolute security.
• 7.3 Data Processing Agreement (DPA): If you are subject to the General Data Protection Regulation (GDPR) or similar data protection laws, and your use of the Service involves processing personal data subject to such laws, you may need to enter into a separate Data Processing Agreement (DPA) with us. Please contact us at [Your Contact Email for DPA] to request our standard DPA.

8. User Content

• 8.1 Responsibility: You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Content. We do not screen User Content, but we reserve the right (but are not obligated) to refuse or remove any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable.
• 8.2 Backups: You are responsible for maintaining backups of your User Content. While we may perform regular backups of data as part of the Service, we are not liable for any loss or corruption of User Content.

9. Term and Termination

• 9.1 Term: These Terms commence on the date you first accept them and continue until all Subscriptions granted in accordance with these Terms have expired or been terminated.
• 9.2 Subscription Term and Renewals: The initial term of your Subscription will be as specified in your Subscription plan or order form. Subscriptions will automatically renew for successive periods equal to the initial term or one year unless either party gives the other written notice of non-renewal at least [e.g., 30] days before the end of the then-current term.
• 9.3 Termination for Cause: Either party may terminate these Terms and any related Subscriptions for cause: (a) upon [e.g., 30] days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period; or (b) immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
• 9.4 Termination for Convenience: [Optional: Include if you want to allow termination without cause. Specify notice period and any conditions, e.g., no refunds for prepaid fees.] We may terminate your subscription and access to the Service for any reason by providing you at least [e.g., 60] days’ advance notice. You may terminate your subscription for convenience by following the cancellation procedures within the Service or contacting us, effective at the end of the then-current billing cycle.
• 9.5 Effects of Termination: Upon expiration or termination of these Terms for any reason: (a) all licenses granted hereunder shall immediately terminate, and you must cease all use of the Service; (b) you must pay any unpaid Fees covering the remainder of the term of all terminated Subscriptions; (c) upon request, each party will return or destroy all Confidential Information of the other party in its possession. [Specify your data deletion policy: e.g., We will make User Content available for export for [e.g., 30] days following termination, after which we reserve the right to delete all User Content.]
• 9.6 Survival: Sections 1 (Definitions), 4 (Fees and Payment – for amounts owed), 5 (Intellectual Property Rights), 6 (Confidentiality), 7.1 (Privacy Policy reference), 9.5 (Effects of Termination), 9.6 (Survival), 10 (Warranties and Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Governing Law and Dispute Resolution), and 15 (Miscellaneous) shall survive any termination or expiration of these Terms.

10. Warranties and Disclaimers

• 10.1 Mutual Warranties: Each party represents and warrants that it has the legal power and authority to enter into these Terms.
• 10.2 Our Warranties: None
• 10.3 Disclaimers: EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11. Limitation of Liability

• 11.1 Exclusion of Damages: IN NO EVENT SHALL EITHER PARTY OR ITS LICENSORS BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
• 11.2 Liability Cap: EXCEPT FOR YOUR OBLIGATIONS TO PAY FEES UNDER SECTION 4, YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 12, OR A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 6, [Optional: OR A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT], IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE SERVICE GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.
• 11.3 Basis of Bargain: The limitations of liability set forth in this Section 11 reflect the allocation of risk between the parties. The Fees reflect this allocation of risk and the limitation of liability specified herein.

12. Indemnification

• 12.1 Indemnification by You: You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; or (f) your willful misconduct or gross negligence.
• 12.2 Indemnification by Us: None

13. Modifications to Terms or Service

• We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect (e.g., via email or an in-app notification). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service. We also reserve the right to modify, suspend, or discontinue the Service (or any part thereof) with or without notice, but will provide reasonable notice where practicable for material changes.

14. Governing Law and Dispute Resolution

• 14.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
• 14.2 Dispute Resolution: 
  • Arbitration: Any dispute arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Newark, Delaware before one arbitrator. The arbitration shall be administered by AAA pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.
• 14.3 Informal Resolution: Before initiating any formal legal proceeding, the parties agree to attempt first to resolve the dispute informally for at least 180 days by contacting the other party.

15. Miscellaneous

• 15.1 Entire Agreement: These Terms, together with the Privacy Policy, any applicable Order Forms, and any DPA (if applicable), constitute the entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
• 15.2 Severability: If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms will remain in effect.
• 15.3 Waiver: No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.
• 15.4 Assignment: You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign these Terms in their entirety (including all Order Forms), without your consent, to our affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
• 15.5 Notices: All notices under these Terms must be in writing. Notices to you may be provided via email to the address associated with your account, or through the Service interface. Notices to us must be sent to EZBook, Attn: Legal Department, 2430 Military Rd., #226, Niagara Falls, NY 14304. Notices are deemed given upon receipt if delivered personally, the day after sending if sent by overnight courier, three days after sending if sent by certified mail, or the day sent if sent by email (except for notices of termination or indemnifiable claims, which require confirmation of receipt).
• 15.6 Force Majeure: Neither party shall be liable for any failure or delay in performance under these Terms (except for payment obligations) due to circumstances beyond its reasonable control, including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving its own employees), internet service provider failures or delays, or denial of service attacks (“Force Majeure Event”).
• 15.7 Relationship of the Parties: The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
• 15.8 Third-Party Beneficiaries: There are no third-party beneficiaries under these Terms.
• 15.9 Export Compliance: You represent that you are not named on any U.S. government denied-party list. You shall not permit users to access or use the Service in a U.S.-embargoed country or in violation of any U.S. export law or regulation.

16. Contact Information

If you have any questions about these Terms, please contact us at:
EZBook
2430 Military Rd., #226, Niagara Falls, NY 14304
Email: info@ezbook.com
Website: www.ezbook.com

EZBook Privacy Policy

Effective Date: Jan 14, 2024

1. Introduction

EZBook (“we,” “us,” “our”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our EZBook software-as-a-service platform, including our website www.ezbook.com, applications, and related services (collectively, the “Service”).

Please read this Privacy Policy carefully. By accessing or using the Service, you agree to the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not access or use the Service.

This Privacy Policy is incorporated by reference into our Terms and Conditions.

2. Information We Collect

We may collect information about you in a variety of ways. The information we may collect via the Service depends on the content and materials you use, and the actions you take, and includes:

• A. Personal Data You Provide to Us:
  • Account Information: When you register for an account, we collect information such as your name, email address, phone number, company name, job title, username, password, and similar identifiers.
  • Payment Information: If you subscribe to paid versions of the Service, we (or our third-party payment processors) collect payment and billing information, such as credit card details and billing address. We do not typically store full credit card numbers ourselves.
  • User Content: We collect and store the information and data you or your authorized users upload, submit, post, create, or otherwise input into the Service (“User Content”). User Content may include personal data depending on what you choose to include. We process User Content on your behalf as a data processor (or service provider).
  • Communications: When you contact us for support, provide feedback, participate in surveys, or otherwise communicate with us, we collect the information you provide in those communications.
• B. Information Collected Automatically:
  • Log and Usage Data: When you access or use the Service, our servers automatically record information (“Log Data”), including your Internet Protocol (IP) address, browser type and settings, device information (e.g., device type, operating system), the date and time of your request, referring/exit pages and URLs, number of clicks, and how you interact with the Service (e.g., features used, time spent).
  • Cookies and Similar Tracking Technologies: We use cookies, web beacons, pixel tags, and similar technologies to collect information about your browsing activities and preferences, personalize your experience, analyze usage patterns, and for advertising purposes. For more information about how we use cookies and your choices, please see our [Link to Cookie Policy, if separate, otherwise detail here]. You can typically control cookie settings through your browser.
  • Location Information: We may infer your approximate location based on your IP address.
• C. Information from Third Parties: 
  • We may receive information about you from third-party sources, such as [e.g., authentication services like Google/Microsoft if you offer social logins, data enrichment services, marketing partners], and combine it with information we collect through our Service.

3. How We Use Your Information

We use the information we collect for various purposes, including:

• Providing and Maintaining the Service: To operate, maintain, administer, improve, and provide all features of the Service, including processing transactions and providing customer support.
• Personalizing User Experience: To personalize your experience and tailor content and features to your interests.
• Communication: To communicate with you, including sending service-related notices (updates, security alerts, administrative messages), responding to your comments and questions, and providing customer support.
• Marketing and Promotions: [With your consent where required] To send you promotional communications, newsletters, and information about products, services, offers, promotions, rewards, and events offered by us and others, and provide news and information we think will be of interest to you. You can opt-out of marketing communications at any time (see “Your Choices” below).
• Analytics and Improvement: To monitor and analyze trends, usage, and activities in connection with our Service to understand how users interact with the Service and to improve our offerings.
• Security and Fraud Prevention: To detect, investigate, and prevent fraudulent transactions, unauthorized access, and other illegal activities, and to protect the rights and property of EZBook and others.
• Legal Compliance: To comply with applicable laws, legal processes, regulations, and governmental requests, and to enforce our Terms and Conditions.
• Processing User Content: To process User Content on your behalf and at your direction as described in the Terms and Conditions.

4. Legal Basis for Processing Personal Data (GDPR/UK GDPR)

If you are located in the European Economic Area (EEA), Switzerland, or the UK, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only:

• Where we need the personal information to perform a contract with you (e.g., to provide the Service you requested).
• Where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (e.g., for analytics, security, marketing [subject to consent rules]).
• Where we have your consent to do so (e.g., for certain marketing communications or non-essential cookies).
• Where we need to comply with a legal obligation.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the details provided below.

5. How We Share Your Information

We do not sell your personal information. We may share your information in the following circumstances:

• With Service Providers: We share information with third-party vendors, consultants, and other service providers who perform services on our behalf, such as hosting, data storage, payment processing, analytics, email delivery, customer support, and marketing assistance. These service providers are authorized to use your personal information only as necessary to provide these services to us and are obligated to protect your information.
• With Your Consent or Direction: We may share your information with third parties when you explicitly consent or direct us to do so (e.g., integrations with other software you authorize).
• For Legal Reasons: We may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) prevent or investigate possible wrongdoing in connection with the Service, (iv) protect the personal safety of users of the Service or the public, or (v) protect against legal liability.
• Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company. We will notify you via email and/or a prominent notice on our Service of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
• Aggregated or De-identified Data: We may share aggregated or de-identified information, which cannot reasonably be used to identify you, for various purposes, including research, analysis, and improving our Service.

6. Data Retention

We will retain your personal information for as long as your account is active or as needed to provide you the Service, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Account information is typically retained for the duration of the active Subscription and for a reasonable period thereafter [specify period, e.g., 90 days] to allow for account reactivation or to comply with legal requirements. User Content is processed according to the Terms and may be deleted upon termination of the Service or sooner at your request, subject to our backup policies. Log data is typically retained for a shorter period 30 days.

7. Data Security

We implement reasonable administrative, technical, and physical security measures designed to protect your personal information from unauthorized access, use, alteration, and disclosure. These measures include secure communication, access controls, secure servers, etc. However, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee the absolute security of your data.

8. Your Data Protection Rights

Depending on your location (especially if you are in the EEA, UK, California, or other regions with specific privacy laws), you may have the following rights regarding your personal information:

• Right to Access: You have the right to request copies of the personal information we hold about you.
• Right to Rectification: You have the right to request that we correct any information you believe is inaccurate or complete information you believe is incomplete.
• Right to Erasure (Right to be Forgotten): You have the right to request that we erase your personal information, under certain conditions.
• Right to Restrict Processing: You have the right to request that we restrict the processing of your personal information, under certain conditions.
• Right to Object to Processing: You have the right to object to our processing of your personal information based on legitimate interests, under certain conditions. You always have the right to object to processing for direct marketing purposes.
• Right to Data Portability: You have the right to request that we transfer the data that we have collected to another organization, or directly to you, in a structured, commonly used, machine-readable format, under certain conditions.
• Right to Withdraw Consent: If we are processing your personal information based on your consent, you have the right to withdraw your consent at any time.
• Right to Non-Discrimination: We will not discriminate against you for exercising any of your privacy rights (relevant under CCPA/CPRA).
• Right to Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority (data protection authority) in your jurisdiction if you believe our processing of your personal information violates applicable law.

How to Exercise Your Rights: You can typically manage your account information and some privacy settings directly within the Service. To exercise any of the rights listed above, please contact us using the contact details provided below. We may need to verify your identity before responding to your request. We will respond to your request within the timeframe required by applicable law.

California Residents: 

9. International Data Transfers

Your information, including personal data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including personal data, to the United States or other countries and process it there.

For transfers of personal data from the EEA, UK, or Switzerland to countries that have not been deemed to provide an adequate level of data protection, we rely on appropriate safeguards, such as the European Commission’s Standard Contractual Clauses (SCCs) or similar regulations for applicable countries to ensure your personal information is protected. You may request a copy of these safeguards by contacting us.

10. Children’s Privacy

Our Service is not intended for use by children under the age of 18. We do not knowingly collect personal information from children under this age. If we become aware that we have collected personal information from a child under the relevant age without verification of parental consent, we will take steps to remove that information from our servers. If you believe we might have any information from or about a child under the relevant age, please contact us.

11. Cookies and Tracking Technologies

We use cookies and similar tracking technologies (like web beacons and pixels) to track activity on our Service and hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier.

• Types of Cookies: We use session and persistent cookies, first-party and third-party cookies.
• Purpose: Essential cookies (for functionality), performance/analytics cookies (to understand usage), functionality cookies (to remember preferences), advertising/targeting cookies [if applicable].
• Your Choices: Most web browsers are set to accept cookies by default. You can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Service. [Mention opt-out links for third-party analytics/advertising if used, e.g., Google Analytics opt-out].

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the “Effective Date” at the top. If we make material changes, we will provide you with more prominent notice (such as by adding a statement to our homepage or sending you an email notification). We encourage you to review this Privacy Policy periodically for any changes.

13. Contact Us

If you have any questions, comments, or concerns about this Privacy Policy or our privacy practices, please contact us at:

EZBook
Attn: Legal Department
2430 Military Rd, #226, Niagara Falls, NY 14304
Email: info@ezbook.com
Website: www.ezbook.com