eZWayi | Terms of Use

Terms of Use

eZWay Network Mobile Application

Last Updated: December 11, 2024

IMPORTANT: PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE USING THE eZWay NETWORK MOBILE APPLICATION.

This End-User License Agreement is a legal agreement between you ("End-User" or "you") and eZWay Broadcasting, Inc. ("Company," "we," "us," or "our"), a California Corporation, for the eZWay Network mobile application software, including any updates, upgrades, and related services (collectively, the "Licensed Application").

By downloading, installing, or using the Licensed Application, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download, install, or use the Licensed Application.

1. ACKNOWLEDGMENT AND AGREEMENT WITH APPLE

1.1 You and the Company acknowledge that this EULA is concluded between you and the Company only, and not with Apple Inc. ("Apple"). The Company, not Apple, is solely responsible for the Licensed Application and the content thereof.

1.2 This EULA does not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions (the "Usage Rules") as of the Effective Date. You acknowledge that you have had the opportunity to review the Usage Rules, and you agree to comply with them.

1.3 You and the Company acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

2. SCOPE OF LICENSE

2.1 Grant of License
Subject to your compliance with this EULA, the Company grants you a limited, non-exclusive, non-transferable, revocable license to:

Download, install, and use the Licensed Application on any Apple-branded products that you own or control
Access and use the Licensed Application as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions

2.2 Family Sharing and Volume Purchasing
The Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, as permitted by Apple.

2.3 License Restrictions
You agree NOT to:

Copy, modify, or create derivative works of the Licensed Application
Reverse engineer, decompile, or disassemble the Licensed Application
Remove, alter, or obscure any copyright, trademark, or other proprietary notices
Use the Licensed Application for any unlawful purpose or in violation of any applicable laws
Rent, lease, lend, sell, redistribute, or sublicense the Licensed Application
Use the Licensed Application to transmit viruses, malware, or harmful code
Attempt to gain unauthorized access to any portion of the Licensed Application or related systems

3. SUBSCRIPTION TERMS

3.1 Auto-Renewable Subscriptions
The Licensed Application offers auto-renewable subscriptions that provide access to premium features and services. By subscribing, you authorize the Company to charge your payment method on a recurring basis.

3.2 Subscription Plans
Available subscription plans include:

Monthly Membership: Recurring monthly billing
Annual Membership: One (1) year commitment with annual billing
Upgraded Membership Tiers: Various tier levels with different features and pricing

3.3 Subscription Pricing
Current subscription pricing is displayed in the Licensed Application and App Store at the time of purchase. Prices are subject to change with notice. Price changes will not affect your current subscription period but may apply upon renewal.

3.4 Payment and Billing

Payment will be charged to your Apple ID account at confirmation of purchase
Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
Your account will be charged for renewal within 24 hours prior to the end of the current period
You can manage and cancel your subscriptions by going to your App Store account settings

3.5 Free Trials
If offered, free trial periods allow you to explore subscription features before being charged. You must cancel before the trial period ends to avoid charges. The Company reserves the right to determine your eligibility for free trials and to limit or revoke trial access.

3.6 Subscription Duration and Commitment

Annual Memberships: Require a One (1) Year commitment as part of our artist and brand development program
If you cancel an Annual Membership before the one-year period ends, you will be subject to an early cancellation fee of $1,000.00 or your remaining account balance, whichever is greater

3.7 Cancellation Process

You may cancel your subscription at any time through your App Store account settings
Cancellation takes effect at the end of your current billing period
No refunds will be provided for unused portions of subscription periods
You must cancel your eZWay Network account through the Licensed Application before canceling billing to avoid losing your data

3.8 Consequences of Cancellation
By canceling your subscription, you acknowledge that you will lose:

All online friends and followers within the eZWay Network platform
IMDB credits associated with your account
Google posts and rankings provided by the eZWay platform
Access to all premium features and content
Any accumulated points, credits, or virtual items

4. REFUND POLICY

4.1 No Refunds for Services Rendered
All sales are final once services have been rendered or access to subscription features has been provided. The Company does not offer cash refunds for:

Completed subscription periods
Services already performed
Digital content already accessed or downloaded
Promotional services already delivered

4.2 Cancellation Requirements

Cancellations must be made at least thirty (30) days in advance and submitted in writing to support@ezwaynetwork.com
This advance notice allows our service team and third-party providers to cancel upcoming tasks and compensate for planning, research, and development work already in progress
Credit may be applied for services canceled 30 days before commencement of work, at the Company's sole discretion

4.3 Chargeback Policy

You relinquish the right to initiate chargebacks for any services performed
Services are custom and utilize human labor which cannot be re-compensated
Any attempt to initiate a chargeback will result in a $1,000 fee per occurrence
Such fees cover research, development, and legal consultation required to prepare chargeback documents and engage with financial institutions
All disputes must be handled through mediation between the parties in good faith

4.4 Apple Refund Policy
For purchases made through the Apple App Store, you may be eligible for a refund under Apple's refund policy. To request a refund from Apple:

Visit https://reportaproblem.apple.com
Sign in with your Apple ID
Select the subscription or purchase you wish to report

Note: The Company has no control over Apple's refund decisions. Refunds approved by Apple do not waive the Company's cancellation fees or other charges outlined in this EULA.

4.5 Late Payment Fees

If your account is more than 7 days past due, a $29.99 late fee will be added
After 30 days of non-payment, your account may be sent to a collections agency, which may negatively affect your credit score

5. ACCOUNT USAGE AND CONDUCT

5.1 Account Creation
To use certain features of the Licensed Application, you must create an account. You agree to:

Provide accurate, current, and complete information
Maintain and update your information to keep it accurate
Maintain the security of your password and account
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use

5.2 Account Management Rights
By creating an account, you grant the Company permission to:

Help manage your account when needed for service delivery
Login and post on your behalf when necessary to fulfill services
Access your account information to provide customer support

5.3 Member Conduct
All members must:

Treat each other with respect and appreciation
Refrain from defamation toward the Company or its members
Not engage in harassment, bullying, or abusive behavior
Not post illegal, offensive, or inappropriate content

Violations may result in immediate account termination and, in severe cases, legal action.

5.4 Anti-Spamming Policy

Members are encouraged to connect and share their work
However, spamming is strictly prohibited, including:
- Posting repeatedly on others' content
- Sending repeated emails to members
- Excessive promotional messaging

The Company operates a "three strikes" policy. Members will receive warnings, and on the third violation, action will be taken against the account.

5.5 Networking Fees

The Company is entitled to a 5-10% finder's fee on deals resulting from connections made through the Licensed Application or any eZWay Network platforms
This applies to connections made via events, social networks, Wall of Fame, TV, Magazine, blogging, or any communication on other social media platforms
Upgraded members are subject to a 3% fee or as mutually agreed
This fee structure applies to all members, users, affiliates, and joint ventures utilizing the eZWay platform

5.6 Account Termination

The Company reserves the right to suspend or terminate your account at any time for violations of this EULA
Upon termination, you will lose access to all features, content, and benefits
Termination does not waive any outstanding payment obligations

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Company Ownership
The Licensed Application, including all content, features, functionality, and underlying technology, is owned by eZWay Broadcasting, Inc. and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Trademarks
"eZWay," "eZWay Network," "eZWay Broadcasting," and associated logos are internationally trademarked brand names owned by the Company. You may not use these trademarks without our express written permission.

6.3 User Content
You retain ownership of content you submit to the Licensed Application. However, by submitting content, you grant the Company a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform your content in connection with operating and promoting the Licensed Application and eZWay Network services.

6.4 Third-Party IP Claims
You and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this EULA.

7. NON-DISCLOSURE AND NON-CIRCUMVENTION

7.1 Confidential Information
Any ideas, concepts, inventions, copyrightable materials, patentable materials, or intellectual property belonging to the Company, its CEO, participants, members, affiliates, or discovered through the eZWay Network platform shall be treated as Confidential Information.

7.2 Restrictions
You agree NOT to:

Share Confidential Information with unauthorized third parties without express written consent
Transmit, photocopy, or describe such information to third parties
Copy ideas, concepts, or services proposed by the Company
Share significant details of proprietary information

7.3 Non-Circumvention Period
For a period of five (5) years from the date of this agreement (the "Non-Circumvention Period"), you shall not:

Conduct transactions that constitute professional competition with the Company's ideas, concepts, programs, and services
Disclose Confidential Information concerning the Company
Facilitate transactions by third parties that compete with the Company

Unless such activities are pursuant to a mutually acceptable agreement providing for compensation and participation.

8. MAINTENANCE AND SUPPORT

8.1 Company Responsibility
The Company is solely responsible for providing maintenance and support services for the Licensed Application as specified in this EULA or as required under applicable law.

8.2 Apple's Non-Involvement
You and the Company acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

8.3 Support Contact
For technical support, questions, or assistance, contact:

eZWay Broadcasting, Inc.
Email: support@ezwaynetwork.com
Phone: 1-877-399-2929
Website: https://ezwaynetwork.com

9. WARRANTIES AND DISCLAIMERS

9.1 Limited Warranty
The Company warrants that the Licensed Application will perform substantially in accordance with the documentation provided for a period of ninety (90) days from the date of download.

9.2 Company's Sole Responsibility
The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

9.3 Warranty Remedy
In the event of any failure of the Licensed Application to conform to any applicable warranty:

You may notify Apple, and Apple will refund the purchase price for the Licensed Application to you
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application
Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility

9.4 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS 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, and non-infringement
Warranties that the Licensed Application will be uninterrupted, error-free, or secure
Warranties regarding the accuracy, reliability, or quality of any content or information

9.5 Third-Party Services
The Licensed Application depends on third-party applications and services that are continually updating and may experience glitches or outages beyond our control. The Company makes no warranties regarding third-party services.

9.6 No Guarantee of Results
The Company provides promotional work, brand awareness, and lead generation services. However:

The Company does not promise or guarantee specific results from any promotions
It is your sole responsibility to follow up with leads and close sales
Results depend on your skill level, funnel strategy, and lead retention systems
The Company only guarantees placement of advertisements to viable prospects that may lead to interest, collaboration, and possible sales

10. LIMITATION OF LIABILITY

10.1 Product Claims
You and the End-User acknowledge that the Company, not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use of it, including but not limited to:

Product liability claims
Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement
Claims arising under consumer protection, privacy, or similar legislation

This EULA does not limit the Company's liability to you beyond what is permitted by applicable law.

10.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Any loss of profits, revenue, data, or use
Any damages arising from your use or inability to use the Licensed Application

This limitation applies even if the Company has been advised of the possibility of such damages.

10.3 Maximum Liability
The Company's total liability to you for all claims arising out of or relating to this EULA or the Licensed Application shall not exceed the amount you paid to the Company in the twelve (12) months preceding the claim.

10.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

11. LEGAL COMPLIANCE

11.1 End-User Representations
You represent and warrant that:

You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country
You are not listed on any U.S. Government list of prohibited or restricted parties
You will comply with all applicable local, state, national, and international laws and regulations

11.2 Export Compliance
You agree not to use or export the Licensed Application in violation of any U.S. export laws and regulations.

12. THIRD-PARTY TERMS AND SERVICES

12.1 Compliance Requirement
You must comply with applicable third-party terms of agreement when using the Licensed Application. For example:

If you use VoIP features, you must not violate your wireless data service agreement
If you use payment features, you must comply with your payment provider's terms
If you connect social media accounts, you must comply with those platforms' terms

12.2 Third-Party Links
The Licensed Application may contain links to third-party websites or services. The Company:

Has not reviewed all linked sites
Is not responsible for the content of any linked sites
Does not endorse any linked sites
Is not liable for any damages arising from your use of third-party sites

12.3 Third-Party Service Providers
The Company uses the following third-party services:

Payment Processing: PayPal Payments Pro, Stripe
Cloud Services: Amazon Web Services, DigitalOcean
Analytics: Google Analytics, Firebase
Communication: Email service providers

The Company cannot guarantee the performance of these third-party providers.

13. PRIVACY

13.1 Privacy Policy
Your use of the Licensed Application is also governed by our Privacy Policy, available at:
https://ezwaynetwork.com/mobile-app-privacy-policy

Please review our Privacy Policy to understand our practices regarding your personal information.

13.2 Data Collection
By using the Licensed Application, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

14. TERMINATION

14.1 Termination by You
You may terminate this EULA by:

Deleting the Licensed Application from all your devices
Canceling your subscription through the App Store
Closing your account through the Licensed Application

14.2 Termination by Company
The Company may terminate or suspend your access to the Licensed Application immediately, without prior notice or liability, if you:

Breach any terms of this EULA
Engage in conduct that the Company deems inappropriate or harmful
Fail to pay any fees owed

14.3 Effect of Termination
Upon termination:

Your license to use the Licensed Application immediately terminates
You must cease all use and delete all copies of the Licensed Application
Sections that by their nature should survive termination shall survive, including Sections 6 (Intellectual Property), 9 (Warranties), 10 (Limitation of Liability), and 16 (Governing Law)

14.4 No Refund Upon Termination
Termination does not entitle you to a refund of any fees paid. All outstanding payment obligations survive termination.

15. MODIFICATIONS TO THE EULA

15.1 Right to Modify
The Company reserves the right to modify this EULA at any time. Changes will be effective immediately upon posting the updated EULA in the Licensed Application or on our website.

15.2 Notification
We will notify you of material changes by:

Posting a notice in the Licensed Application
Sending an email to your registered email address
Displaying a prominent notification

15.3 Acceptance of Changes
Your continued use of the Licensed Application after changes are posted constitutes your acceptance of the modified EULA. If you do not agree to the changes, you must stop using the Licensed Application and cancel your subscription.

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1 Governing Law
This EULA shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

16.2 Jurisdiction
You agree that any legal action or proceeding arising out of or relating to this EULA shall be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.

16.3 Mediation Requirement
Before initiating any legal action, the parties agree to attempt to resolve disputes through good faith mediation in a mutually agreed-upon venue or communication platform. The goal is to achieve a fair and mutually beneficial resolution.

16.4 Waiver of Class Actions
You agree to resolve any disputes with the Company on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

17. GENERAL PROVISIONS

17.1 Entire Agreement
This EULA, together with our Privacy Policy and Terms of Use, constitutes the entire agreement between you and the Company regarding the Licensed Application and supersedes all prior or contemporaneous understandings.

17.2 Severability
If any provision of this EULA is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17.3 Waiver
The Company's failure to enforce any right or provision of this EULA shall not be deemed a waiver of such right or provision.

17.4 Assignment
You may not assign or transfer this EULA or any rights granted hereunder without the Company's prior written consent. The Company may assign this EULA without restriction.

17.5 Force Majeure
The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 No Agency
Nothing in this EULA creates any agency, partnership, joint venture, or employment relationship between you and the Company.

17.7 Notices
Any notices or communications required or permitted under this EULA must be in writing and sent to:

eZWay Broadcasting, Inc.
Email: support@ezwaynetwork.com
Phone: 1-877-399-2929

Notices will be deemed given when delivered via email to the address you provided during registration.

18. CONTACT INFORMATION

For questions, complaints, or claims regarding the Licensed Application, please contact: