Terms of Service
Effective Date: March 15, 2024
Agreement Overview
This Terms of Service Agreement ("Agreement") constitutes a legally binding agreement between you, the user ("User" or "you") and Everytech, LLC. ("Everytech", "we", "us" or "our"), governing your access to and use of the Everytech software applications, services, and website (collectively, the "Service").
1. Description of Service
Everytech provides software solutions for B2B and B2C clients. Our Service includes various applications, platforms, and tools designed to enhance business operations and customer experiences. Everytech acts as a provider of these software solutions and may integrate third-party services to deliver comprehensive functionality to our users.
2. Eligibility and Account Registration
You represent and warrant that you are (i) at least 18 years of age; (ii) have the legal authority to enter into this Agreement; and (iii) will use the Service in compliance with this Agreement and all applicable laws. To access certain features of the Service, you may need to register for an account by providing true, accurate, current and complete information. You are solely responsible for the activity that occurs under your account, including maintaining account security and restricting access.
3. Fees and Payments
Use of the Service may be subject to payment of fees as per the pricing and plans presented on the Everytech website. We offer various subscription models, which may include trial periods. Paid subscriptions automatically renew for subsequent periods unless cancelled. You authorize Everytech to charge your provided payment method on a recurring basis until cancellation. Refund policies will be clearly stated for each product or service offering.
4. Acceptable Use
You agree to abide by all applicable laws and regulations in your use of the Service. You may not use the Service for any unlawful, harmful, dangerous, or offensive purposes. Everytech reserves the right to determine appropriate use in its sole discretion. Prohibited activities include but are not limited to:
- Illegal activities
- Violating intellectual property rights
- Generating harmful, unsafe, deceptive or unlawful content
- Impersonation, fraud
5. Intellectual Property Rights
Everytech retains all rights, title, and interest in and to the Service, including technologies, software, content, and data. This includes all patents, trademarks, trade secrets, copyrights, proprietary methods and systems, and other intellectual property rights. Your permitted use of the Service confers no title or ownership rights.
6. Privacy and Security
Everytech utilizes industry standard technical, administrative, and physical safeguards to protect the security, confidentiality, and integrity of your data. However, we cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur. Everytech is not responsible for any damages or liabilities relating to security incidents. You may review our Privacy Policy for additional details.
7. Termination of Service
You may close your account and stop using the Service at any time. Everytech may suspend or terminate your access to the Service immediately for any breach of this Agreement. Upon termination, your right to access or use the Service will immediately cease.
8. Disclaimer of Warranties
Everytech provides the Service "as is" without warranty of any kind. We expressly disclaim all warranties, whether express, implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Use of the Service is at your own risk.
9. Limitation of Liability
In no event shall Everytech, its affiliates, directors, employees, or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising from or related to your use or inability to use the Service. This limitation applies regardless of the basis or form of action.
10. Modification of Terms
Everytech may amend this Agreement from time to time, in which case the updated Agreement will supersede prior versions. We will notify you of material changes by posting notice on the Service. Your continued use of the Service constitutes acceptance of the amendments.
11. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Delaware without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for resolution of any dispute arising from or related to this Agreement or the Service.
12. Entire Agreement
This Agreement represents the entire agreement between you and Everytech relating to use of the Service. It supersedes any prior agreements or understandings. Everytech's failure to enforce any provision of this Agreement shall not constitute a waiver.
By accessing or using the Everytech Service, you affirm that you have read, understand, and agree to be bound by this Agreement. Questions regarding this Agreement can be directed to support@everytech.llc.