Terms of Use — Epdex

1. Acceptance, account and free service

These Terms of Use govern your relationship with Epdex, offered by iVidal Soluções Digitais, registered under CNPJ (Brazilian corporate taxpayer ID) No. 12.100.698/0001-04. By creating an account, you accept these Terms and our Privacy Policy, and we record that acceptance with the date, time and version of the document (see section 12 of the Policy).

Territory. Epdex is offered globally: you may use it from any country where the app stores distribute it, except where local law prohibits it. The company behind the service is Brazilian, and the controller of your personal data is in Brazil — which is why these Terms start from Brazilian law (see section 6). That does not take away the protection of the place where you live: depending on your country of residence, the following also apply — Brazil's Lei nº 13.709/2018 (LGPD, the Brazilian General Data Protection Law), the General Data Protection Regulation (Regulation (EU) 2016/679, GDPR), the UK GDPR together with the Data Protection Act 2018, and US state privacy laws such as California's (CCPA/CPRA). Where one of these regimes gives you greater protection than the others, the greater protection applies — that is how we handle your data, as section 1 of the Privacy Policy explains.

Eligibility. You declare that you are 16 years of age or older and provide your date of birth at sign-up — used exclusively to verify the minimum age and to apply the safeguards for teenagers (private profile by default for anyone aged 16 to 17). We apply 16 in every country because that is the highest age that art. 8 of the GDPR allows Member States to require: a single threshold serves everyone, without our having to work out where each sign-up comes from. The Epdex catalog filters adult-themed content by default, throughout the app, and has a community reporting channel for anything that slips past that filter — see section 10 of the Privacy Policy.

Community dimension of the service. Epdex is a tracking service with a community dimension: a profile visible to other users — public by default for adults —, shared tracking activity, comments and reactions. Exactly what is visible, to whom, how to make your profile private and how to hide specific parts of it without making it private — all with immediate effect and without losing any other feature — is described in section 5 of the Privacy Policy, which forms part of these Terms.

Your account. You can sign up with e-mail and password or through an external provider — currently Google and TikTok; on the App Store, also Apple, once the app is available there. You are responsible for keeping your credentials confidential and for the activity carried out on your account. Let us know at contact@epdex.app if you suspect unauthorized access.

Choose a username that does not impersonate someone else, does not infringe third-party rights and is not offensive.

Free service. Epdex is offered free of charge, upon creating an account. There is no paid plan, charge, subscription or feature conditioned on payment. Should we offer a paid option in the future, it will be presented under its own specific terms, and no feature available for free today will become paid without prior notice and your express agreement.

2. Intellectual property and your content

Ours. The Epdex name, brand, software, design, texts and the organization of the service are owned by us or licensed to us. We grant you a personal, limited, revocable and non-transferable license to use Epdex.

You may not copy, modify, distribute, resell, reverse engineer or systematically extract data from Epdex by automated means, including for training artificial intelligence systems, without our express authorization. We authorize, on a revocable basis, the indexing of public pages by search engines.

Yours. The content you create — ratings, reactions, lists, comments and your tracking history — is yours. You grant us the non-exclusive license needed to host, store, process and display that content according to the visibility that applies to it: what makes up your Public Profile Information (defined in section 5 of the Privacy Policy) is shown to other Epdex users while your profile is public; comments and reactions posted in community spaces — the discussion of a title or episode, other users' posts — are shown to the users who access those spaces, because that is their nature. Everything else is shown only to you. This license exists solely to operate the service and ends when you remove the content or close your account — once removed, it disappears for everyone.

No expectation of confidentiality for what is posted in community spaces. When you comment or react in a space visible to other users, you understand that this content will be seen by them — neither we nor other users assume any obligation of confidentiality over it. Your identity alongside the content, however, follows your profile's visibility: with a private profile, your comments appear with your name and photo protected (a neutral label, with name and photo blurred).

You declare that you hold the necessary rights over what you post and that the content does not violate any law or third-party right.

Third-party catalog. Information about series and movies comes from TMDB and Watchmode; streaming availability data is attributed to JustWatch. A title's original soundtrack, when available — cover art, tracks and the 30-second preview of each — comes from Apple (iTunes Search API); the preview is only streamed to your device from Apple's servers, never stored by us, and the screen always includes a link to the track's page on Apple's store. This product uses the TMDB API and Apple's iTunes Search API but is not endorsed or certified by either. Epdex is not affiliated with, sponsored by or endorsed by these sources, by the production companies or by the streaming platforms mentioned, and does not host or distribute audiovisual content.

Rights infringement. If you believe that content on Epdex infringes your rights, write to contact@epdex.app identifying the content, the right infringed and your ownership of it. We will review it and may remove the content.

3. User conduct

By using Epdex, you agree not to:

post content that is illegal, offensive, discriminatory, defamatory or that incites violence;
infringe third-party rights, including copyright, trademark, image and privacy rights;
disclose other people's personal data without authorization;
use Epdex for unauthorized commercial purposes, spam or unsolicited advertising;
create accounts in bulk, automate the use of the service, or employ bots and scrapers;
overload, probe or circumvent our infrastructure and security mechanisms;
reverse engineer the app or attempt to obtain its source code;
introduce malicious code;
impersonate another person or Epdex itself.

Spoilers. Where the screen offers a spoiler warning, use it. Posting spoilers in a deliberately harmful way may lead to removal of the content.

Reporting and moderation. Any content posted in a community space — comments on titles and episodes, comments and reactions on posts — can be reported by any user. Reported content is taken down immediately and remains hidden until reviewed by our team, which may restore it or keep it removed. Every moderation decision is logged. You can delete your own comments at any time.

Point of contact, reasons and appeals. For those in the European Union, content moderation is governed by the Digital Services Act (Regulation (EU) 2022/2065, DSA). What it requires, we apply to everyone, not only to those who live there:

Point of contact. contact@epdex.app is the single channel for users and for authorities on matters of content and moderation. We handle it in Portuguese and English.
Reports and responses. Anyone can report content they consider illegal or contrary to these Terms, either in the app or at that e-mail address. So that we can decide well, tell us what the content is and where it is, why it is illegal or contrary to these Terms and how to reach you. We confirm receipt, inform the reporter of the decision and explain how to appeal it; reported content is taken down immediately, as described in the paragraph above.
How the decision is made. Taking content down as soon as a report arrives is automatic, and it is a precautionary measure — it is not the decision. Whether the content comes back or stays removed is always decided by a person on our team, looking at the content, the report and the rules in this section. The catalog's adult-content filter is automatic too, and the reporting channel exists precisely for whatever slips past it.
Statement of reasons. Anyone whose content is removed, hidden or restricted receives the reason for the decision, the facts it relied on, the rule in this section on which it was based, whether automated means were used, how long the measure lasts, and information on how to appeal it.
Proportionate measures. We apply the rules in this section diligently, objectively and proportionately, with regard to the rights of whoever posted and of whoever was affected: removing a comment, hiding a piece of content and terminating an account are different measures, for different situations.
Appeals. You may appeal any moderation decision — including suspension or termination of your account — by writing to contact@epdex.app within six months of the decision, free of charge. The appeal is reviewed by a person on our team, not by an automated system, and the answer comes back through the same channel. If you are right, we undo the measure.
Other routes remain open. Appealing to us does not prevent you from turning to an out-of-court dispute settlement body, to the competent authority in your country, or to the courts.

We may remove content that violates these Terms and take the measures described in section 4.

4. Suspension, closure and discontinuation

You can close your account whenever you want, under Settings → Account, with no need to give a reason and at no cost. Closure is immediate and irreversible — your data is deleted, except for the little the law requires us to keep, and there is no way to recover the account afterwards, so export whatever you want to take with you beforehand. See the full effects in section 7 of the Privacy Policy, and the step-by-step in Delete your account, which also gives the e-mail route for anyone who has lost access to the app.

If the law of your country gives you a withdrawal period or a right to terminate distance contracts, closing your account produces that effect: it takes effect when you confirm it, does not depend on a reason and costs nothing.

On our side, we may suspend or terminate your access in case of violation of these Terms or of the law:

General rule: we will notify you 15 days in advance, through the app and by e-mail when there is an e-mail on file, stating the reason and giving you the opportunity to respond or remedy the situation.
Exception — immediate action: when waiting 15 days would pose a concrete risk, we may suspend immediately, with notice given at the same time as the measure. This applies to manifestly illegal content, orders from authorities, risk to the safety of other users or of the platform, fraud, and compromise of the account itself.
In either case: the measure is proportionate to what prompted it, you receive the reason in writing, and you can appeal it through the route in section 3. While the 15-day notice runs, or while your appeal is pending, you can take your data with you — through the app itself or by asking for a copy at contact@epdex.app, in a readable and reusable format.

If we discontinue Epdex, we will give at least 15 days' notice, through the app and by e-mail when available, and during that period we will provide a tool for you to retrieve your data — series, movies and episodes marked, ratings, reactions and lists — in a readable and reusable format.

Once the account is closed, the clauses that by their nature survive remain valid: ownership, limitation of liability and dispute resolution.

5. Warranties, liability and consumer rights

Commitment and limits. We work to keep Epdex available, accurate and secure, but the service is provided as is. We do not guarantee uninterrupted or error-free operation, nor that third-party catalog data is complete or up to date — especially "where to watch" information, which changes at the platforms' discretion.

What we guarantee even so. The caveat above is about perfection and continuity — it is not a waiver of anything. Epdex has to match what we describe in these Terms, in the Privacy Policy and on the app store listings, and what one may reasonably expect of a service of this kind. For as long as we offer it, we supply the updates needed to keep it that way, security updates included. If it does not match, write to contact@epdex.app: we fix it within a reasonable time and at no cost to you and, where fixing it is not possible, you can close your account and take your data with you. Where the law of your country gives you other remedies for lack of conformity — as is the case in the European Union, the United Kingdom and Brazil — those remedies remain fully available, including because the service is free: not charging you does not excuse us from delivering what we promised.

Integrity of your history. We adopt an architecture designed not to lose your progress, with event logging and reconciliation across devices. Even so, we recommend that you keep your own copy of any data you consider critical.

Liability. We are not liable for third-party content and services accessed from Epdex; for damages arising from use in violation of these Terms; or for unavailability caused by events beyond our reasonable control.

What we are always liable for. We are liable for damage we cause wilfully or by our own fault, including a security failure attributable to us, and for everything the law applicable to you does not allow to be excluded or limited — in particular damage to life, bodily integrity and health. None of the exclusions in the previous paragraph reaches those cases, and none of them sets aside the liability that Brazil's Código de Defesa do Consumidor (Consumer Protection Code), or the mandatory rules of your country, place on whoever provides the service.

Consumer rights preserved. Nothing in these Terms waives the rights that the law of your country of residence guarantees you on a non-waivable basis — in Brazil, in particular those of the Código de Defesa do Consumidor (CDC, Brazil's Consumer Protection Code); in the European Union, the United Kingdom and elsewhere, the mandatory consumer protection rules that apply there. If any limitation provided here is invalid under the law applicable to you, it does not apply, and the remaining clauses remain in force.

6. Governing law and dispute resolution

These Terms are governed by the laws of the Federative Republic of Brazil, where the company that offers Epdex is established.

The law of the place where you live still applies to you. If you reside in a country whose consumer protection or personal data protection legislation grants you rights that cannot be excluded by contract, those rights prevail over the rule above, and nothing in these Terms reduces them.

Before litigating, talk to us. Write to contact@epdex.app describing the problem. We will seek to resolve it directly — it is faster for both sides. This is an invitation, not a condition: you can go to the courts, to an out-of-court dispute settlement body or to the authorities in your country whenever you want, including without talking to us first.

Venue. If the matter is not resolved, the courts of the judicial district (comarca) of Itapetininga, State of São Paulo, are elected as the venue, subject to the exceptions below, which prevail over that rule:

Consumers in Brazil: you may file suit in the courts of your own domicile, under art. 101, I of the Consumer Protection Code.
Consumers residing in the European Union or the European Economic Area: you may sue us in the courts of the country where you reside or in those of our domicile, as you prefer; and we may sue you only in the courts of the country where you reside (arts. 17 to 19 of Regulation (EU) 1215/2012, Brussels I recast).
Consumers in the United Kingdom: the same as the item above applies, under the UK rules of jurisdiction over consumer contracts.

None of this prevents you from filing a complaint with the authorities in your country — consumer protection or data protection. In Brazil, the Procon of your state or municipality; in the European Union, the United Kingdom and elsewhere, your local consumer protection body. The data protection channels are listed in section 6 of the Privacy Policy.

7. Changes, general provisions and contact

Changes to these Terms. We may update them where there is a reason to — a change in the law or in a decision of an authority, a new feature, a change in the catalog sources or in the providers we depend on, a security requirement, or simply a correction of wording. Material changes will be communicated in the app and by e-mail, when available, 15 days in advance and stating what changed, and we will ask for your renewed acceptance, recorded as described in section 12 of the Privacy Policy. If you do not agree, you may close your account before the changes take effect, at no cost. Changes have no retroactive effect: what has already happened remains governed by the version in force at the time.

Changes to the service. Epdex evolves, and we may add, modify or remove features — for technical, security or legal reasons, because of a change in the catalog sources we depend on, or to improve the service itself. This never creates a cost for you. Where the change impairs, more than marginally, your access to the service or your use of it, we will give 15 days' notice, in the app and by e-mail when available, stating what changes and from when; within that period you may close your account at no cost and take your data with you, if you would rather not continue with the modified service. Fixing defects and updating security — what keeps the service as it ought to be — does not depend on that notice.

Languages. These Terms are published in Portuguese (Brazil) and in English. The Portuguese version is the original text, available at epdex.app/termos-de-uso.html, and it is by that version that any question of interpretation is settled. Where the law of your country requires the contract to be presented to you in another language, or gives you the right to rely on the version in the language in which you entered into it, that version prevails for you.

App stores. Epdex may be distributed through Google Play and the App Store. Google and Apple are not parties to these Terms: they are not responsible for the service, have no obligation to maintain or support the app, and any claim regarding Epdex must be directed to us, through the channels below. With respect to the app obtained through the App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you regarding the use of the app. You declare that you are not located in a country subject to a United States government embargo and are not listed on any list of restricted or prohibited parties.

General. The invalidity of one clause does not affect the others. Tolerance of any breach does not imply waiver. We may assign these Terms in the event of a reorganization or transfer of the service, upon notice and provided that this reduces none of your rights; if it would reduce them, we will ask for your agreement, and you may close your account beforehand. You may not assign your account to third parties.

Contact. Questions about these Terms: contact@epdex.app. Personal data and privacy matters: dpo@epdex.app.