Terms of Service



Preamble

The eMashq Website (eMashq.com) belongs to the AtlaSoft company (view Legal Notice). These Terms of Service (the “Agreement”) are an agreement between eMashq (“AtlaSoft” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets for the general terms and conditions of your use of the products and services made available by AtlaSoft and eMashq website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Additional Policies and Agreements

  • Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
    • Acceptable Use Policy
  • Additional terms may also be applied to certain Services, and are incorporated by reference herein as applicable. For example, if you design logo of a company with us, then the Logo Design Agreement of that company will also be applicable to you and would be incorporated herein.

Account Eligibility

  • By registering for or using the Services, you represent and warrant that:
    • You are eighteen (18) years of age or older. These Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and doing so is a violation of terms and conditions of this Agreement.
    • In case you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on the behalf of such other party with respect to any action you take relating to the Services.
  • It is your responsibility to provide accurate, current, and complete information on the registration forms. If there is any abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account including any purchase forms is always accurate, correct and complete. eMashq is not responsible for any lapse in the Services, including – but without limitation-, any lapsed artworks due to outdated contact information relating to the artwork. If you need to verify or change your contact information, you may contact eMashq Support Center to update your contact information. Bearing in mind that, providing false contact information of any kind may result in termination of your account. In some purchases or certain other cases, you may be required to provide government issued identification and possibly an ID scan to use for verification purposes. Failure of providing the requested information, may cause denial of your order.
  • You agree to be fully responsible for any use of your account and for any action/s  taken through using your account. It is your responsibility to maintain the confidentiality of your password and any other information related to the security of your account.
  • The Service and any data you provide to eMashq is hosted in France unless otherwise provided. If you access the Service from outside of France, you are voluntarily transferring information (potentially including personally-identifiable information) and content to France. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of Tunisia. With regardless of the jurisdiction applicable in the place you are located.

eMashq Content

Except for User Content (as defined below), all contents available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, in addition to their selection and arrangement, are the proprietary property of eMashq or eMashq’s licensors. eMashq Content must not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any mean, in whole or in part, other than as expressly permitted in this Agreement. You must not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of eMashq Content. Any use of eMashq Content, other than as it is specifically and authorized herein, must be authorized beforehand by and after written request to eMashq otherwise it is strictly prohibited and will automatically terminate your rights to use the Services and any eMashq Content. All rights to use eMashq Content that are not expressly granted herein, are reserved by eMashq and eMashq’s licensors.

User’s Content

You may be able to upload, store, publish, display and distribute information, text, photos, and artworks on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your artworks hosted through the Services (“User’s Artworks”). By posting or distributing User Content on or through the Services, you represent and warrant to eMashq that: (i) you have all the necessary rights to post or distribute such User Content, and (ii) posting or distribution of such User Content by you, does not infringe or violate the rights of any third party.   Solely for the purposes of providing the Services, you hereby grant to eMashq a non-exclusive, royalty-free, worldwide right and license to: (i) Using, reproducing, publicly perform, or publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) making archival or back-up copies of User Content and User Artworks. Except for the rights expressly granted herein, eMashq does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you. eMashq exercises no control on users, and have no any responsibility for, User’s Content or the content of any information passing through eMashq’s computers, network hubs and points of presence or the Internet. eMashq does not have any monitoring on User’s Content. However, you acknowledge and agree that eMashq may, but is not obligated to, immediately take any corrective action in eMashq’s sole discretion, including and not limited to removal of all or a portion of the User Content or User Artworks, and suspending or terminating of any and all Services  in case of violation of the terms of this Agreement by you. You hereby agree that, eMashq shall have no any liability as result of any corrective action that may be taken by eMashq.

Third Party Products and Services

Third Party Providers

eMashq may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third-party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. eMashq does not have any representations or warranties regarding third party services and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. It is your responsibility to undertake all transactions with these third party’s providers and at your own risk. We do not warranty any accuracy or completeness of any information regarding a third party’s providers. eMashq is not an agent, representative, trustee or fiduciary of yours or a third-party provider in any transaction.

eMashq as reseller Licensor

eMashq may act as a reseller or licensor of certain third party’s services, hardware, software and equipment used relating to the Services (“Non-eMashq Products”). eMashq  is not responsible for any changes in the Services that may cause any Non-eMashq Products to become obsolete, and any required modification, alteration, or otherwise affect Services performance. Any malfunction or manufacturer’s defects of Non-eMashq Products, either sold, licensed or provided by eMashq to you will not be deemed as breach of eMashq’s obligations under expressed herein. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-eMashq Product are limited to those rights extended to you by the manufacturer of such Non-eMashq Product. You are entitled to use any Non-eMashq Product supplied by eMashq only relating to the use of the Services as permitted under this Agreement. You should not attempt to copy, alter, reverse engineer, or tamper with such Non-eMashq Product or to use it other than the that relating to the Services. You should not resell, transfer, export or re-export any Non-eMashq Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Third party’s site

Services that may contain links to other websites that are not owned or controlled by eMashq (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, audio, video, information, and other contents or items belonging to or originating to third parties (“Third Party’s Content”). We have no any responsibility to words any Third Party’s Sites or Third Party’s Content accessed through the Services. Third Party’s Sites and Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. in case you have decide to access a Third Party’s Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware of that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data collection practices of any website which you navigate.

Account Security and eMashq Systems

  • Users are ultimately responsible for all actions taken under their account. This includes the compromising of credentials such as user name and password. You are required to use a secured password. If a weak password is used, your account may be suspended until you agree to use a more secured password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, you will be notified  to change or update your password in a limited time before suspending your account .
  • Services; including all related equipment, such as networks and network devices are provided only for authorized customer use. eMashq may, but is not obligated to, monitor our systems, including without limitation, to ensure authorized use, to facilitate,  protect against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using our Services, you consent us to monitor any kind of activity when needed for these purposes.
  • Any account which causes us to receive an abuse report may be terminated and/or services suspension. in case you have not removed malicious content from your account after being notified of this issue by eMashq, thereby we have the right to leave services access as disabled.
  • eMashq reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, due to local law or for technical or other reasons without notification.

Compatibility with the Services

  • You fully agree to cooperate with eMashq in relating to eMashq provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may be dependent upon your performance of your obligations. eMashq is never responsible for any delays due to your failure to timely perform your obligations.
  • Unless you have subscribed for a backup service from us with a different Policy Agreement -inconformity with our backup policy-, it is your  own responsibility to make back-up for all Content, and including -but not limited to-, any Artworks. We do not warrant making back-up for any User Content, and you agree to accept the risk of loss of any or all User Content.

Billing and Payment Information

Prepayment

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You must agree to pay for the Services in advance before the Services are provided. The payments received will be first applied to the oldest outstanding invoice in your billing account and it is Subject to applicable laws, rules, and regulations.

Auto-renewal

Unless we receive your notification to us of your desire to cancel the Services, or otherwise provided, you agree that you will be billed on an automatically recurring basis through using the details of your credit card or other billing information on the file with us, to avoid any disruption to your Services.

Late Payment

All invoices must be paid within ten (10) days of the invoice due date. In case of any invoice that is outstanding for more than ten (10) days it might cause suspension or termination of Services. Access to the account will not be restored unless the payment has been received. in case you have failed to pay the fees as specified herein, eMashq will suspend or terminate your account and pursue the collection costs incurred by eMashq, including -but not limited to-, any arbitration and legal fees, and reasonable attorneys’ fees. eMashq will not activate new orders or new packages for customers who have an outstanding balance in their account.

Subscription Payments

It is solely your responsibility to enable eMashq subscription or eMashq points into your eMashq account based on the delivery eMail after your purchase. Subscription renewal notices are provided as a courtesy reminder therefor eMashq is not responsible for subscription renewal failure or a failure to notify a customer of a subscription’s renewal.

Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transference, electronic checks, or any other payment method. eMashq may report any such misuse or fraudulent use, as determined in eMashq’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes

You have ninety (90) days to dispute any charge or payment processed by eMashq. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

Money-back Guarantee

Buy Calligraphies

There are no refunds when Buying Calligraphies. The fourteen (14) day money- back guarantee does not apply to Buy Calligraphy Section in eMashq.

Subscriptions and Points’ package

eMashq offers a fourteen (14) day money- back guarantee for the purchase of eMashq subscription and eMashq points only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these services and you terminate your account within fourteen (14) days of signing up for the Services, you will be given a full refund of the amount paid for hosting.

Cancellations and Refunds

Payment Method

If you use any of the following methods of payment: bank wire transfers and Western Union transfers, any applicable eMashq points will be credited to your user account instead of a refund.

Money-back Guarantee.

If a service with a fourteen (14) day money-back guarantee is purchased and then cancelled within the first fourteen (14) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the eMashq Support Team (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all subscription and points package amount previously paid by you to eMashq for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions. Requests for these refunds must be made in writing to the eMashq Support Team. Refunds will only be issued for subscription and package of points products and will not include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.

Refund Eligibility.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

Non-refundable Products and Services.

No refunds on Buy Calligraphy services, we will convert the amount with eligible eMashq points and they will be credited to the user account.

Cancellation Process.

You may terminate or cancel the Services by giving eMashq written notice via email to eMail is support at eMashq dot com. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) eMashq may, in our sole discretion, refund all pre-paid fees for subscriptions for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, and any discount applied for prepayment, provided that you are not in breach of this Agreement. Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. We require all cancellations to be done through the email in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. Cancellations will be effective immediately.

Foreign Currencies

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in TND and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and eMashq is not responsible for any change in exchange rates between the time of payment and the time of refund.

Termination

eMashq may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you have failed to pay any due-able fees; (ii) you violate this Agreement; (iii) your conduct may harm eMashq or others or cause eMashq or others to incur liability, as determined by eMashq in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, eMashq shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, eMashq may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER ARTWORKS, AND OTHER DATA WILL BE DELETED.

Uptime Guarantee.

in case the server has a physical downtime that falls short of the 99% uptime guarantee, you may receive up to one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. The approval of any credit is at the sole discretion of eMashq,  it may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system which may differ from the uptime reported by other individual services. To request a credit, please send an email to eMail is support at eMashq dot com to create a support ticket to our Billing department with justification [within thirty (30) days of the month for which credit is requested]. Uptime guarantees is only applicable to direct subscriptions or subscription made from credit conversion..

Price Change

eMashq keeps the right to change prices or any other charges at any time. We will provide you with any change of price on any annual or longer term plans at least thirty (30) days of notification period before charging you with the new prices. It is your sole responsibility to periodically review your billing information provided by eMashq through the methods of communication, including notices sent or posted by eMashq.

Limitation of Liability

IN NO EVENT WILL EMASHQ, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER ARTWORKS OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF EMASHQ IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANY CONTRARY THING TO THE CONTAINED HEREIN, EMASHQ’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EMASHQ FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold eMashq harmless, and our affiliates, their respective officers, directors, employees and agents (each “Indemnified Party”, collectively referred to them as, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties as result of or relating to (i) your use of the Services, (ii) any breach or violation by you to this Agreement; or (iii) any acts or omissions by you. Terms of this section survive any termination of this Agreement.

Arbitration

By using the Services, you hereby submit to the exclusive jurisdiction of the Tunisian Courts in connection with any dispute relating to, concerning or as result of the this Agreement.

Independent Contractor

eMashq and User are independent contractors and nothing contained in this Agreement places eMashq and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction

Any controversy, conflict or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed and resolved by the substantive laws and arbitrations of the Tunisia.

Disclaimer

eMashq is never responsible for any damages that may affect your business. eMashq makes no warranties of any kind, expressed or implied for the Services. eMashq disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by eMashq or our employees.

Backups and Data Loss

Your use of the Services is at your sole risk. eMashq backup service runs on daily bases to keep three days for backup and once for monthly, and overwrites any of our previous backups. Only three days and one monthly of backups are kept at a time. This service is provided as a courtesy and may be modified or terminated at any time at eMashq’s sole discretion. eMashq is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on eMashq’s servers.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASES.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, EMASHQ AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. EMASHQ AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. EMASHQ AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

eMashq may disclose User information due to legal enforcement agencies without further consent or notification to the User upon lawful request from such agencies. Hereby, we should fully cooperate with law enforcement agencies.

The Entire Agreement

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Headings

The headings herein are for convenience only and are not part of this Agreement.

Changes to the Agreement or the Services

eMashq may modify, add, or delete portions of this Agreement at any time. In case we have made significant changes to this Agreement, we will post a notice in eMashq website within at least thirty (30) days after the changes are posted and the date of the latest revision will be printed at the bottom of this Agreement. Any revisions added to this Agreement will become effective by the time it is posted unless otherwise provided. by continuing using the Services upon any modification made in this Agreement. eMashq keeps the right to modify, change, or discontinue any aspect of the Services at any time.

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effective.

Waiver

No failure or delay by you or eMashq to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any of the terms or conditions of this Agreement by any party hereto shall, constitute a waiver of, or an assent to, any succeeding breach or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of eMashq. Any attempt to assigning is an express violation of this Agreement shall be null and void and of no force or effect whatsoever. eMashq may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in performance of any of the obligations entitled by the Agreement hereto, (other than failure to make payments on it is due-time) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, ( natural disasters, such as; fire, flood, acts of God, labor disputes, accidents, in case of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries

Except as otherwise expressively provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties entitled by this agreement and their respective successors and the permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is intended as a third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.