Terms of Service

1. Information that you provide to us

The Customer, ("you") may give us information about yourself when you visit Eteryx.io. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information, provide updates around the Eteryx Products that you use or may be interested in using. You authorize us to send those messages when you visit the Eteryx.io platform and provide your contact details. Standard text or data charges may apply to text messages. You may have the option to disable text message notifications by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your services.

2. Eteryx IP

As between you and Eteryx, Eteryx and its licensors exclusively own all rights, title, and interest in the software, algorithms, interfaces, technology, databases, tools, know-how, processes, and methods used to provide Eteryx Products, including patents, copyrights (including rights in modifications, improvements, and derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Eteryx.io website and all Eteryx Products (collectively, "Eteryx IP"). Eteryx IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Eteryx IP not expressly granted to you in these Terms of Use are hereby reserved. You may choose to or we may invite you to submit comments or ideas about improvements to the Eteryx or our products or services ("Ideas''). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Eteryx has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to Eteryx.io

Eteryx grants you a limited, revocable, non-exclusive, non-transferable license to access Eteryx.io. This license does not include a right to use any of the content and information. Eteryx grants you a limited, revocable, non-exclusive, non-transferable license to use Eteryx Products subject to the terms set forth herein. Such permissions and licenses are automatically terminated by any unauthorized use by you or any Permitted User.

4. Products, Content and Specifications

Details of the products and services available for purchase from Eteryx ("Eteryx Products") are set out on the website (www.Eteryx.io). All features, content, specifications, products and prices of products and services described or depicted in Eteryx are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in Eteryx.io at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the delivery of a certain product or service may be delayed for a number of reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner. Included Responses and Definitions: Included Responses are any API responses produced containing valid data and an HTTP status code of 200.

5. Subscriptions

a. Monthly subscription terms. We may offer you the ability to purchase monthly subscriptions that contain a fixed number of API credits via Eteryx.io. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.

b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us (hi@Eteryx.io). If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.

c. Cancellation. Your subscriptions for Build and Scale plans shall continue on an on rolling monthly basis until you cancel. You have the right to cancel your subscription anytime, and it's effective at the end of the month.

6. Your account and Permitted Users

You will be required to register for an account for you or any of your Permitted Users (as defined below) to use any Eteryx Products. When you register for an account, you will be asked to provide Eteryx with certain information about yourself, such as your email address. You represent that the information you provide is accurate and complete, and you will keep such information up to date. If you choose, or are provided with, a user name, password, or any other piece of information in connection with your account, you must treat such information as confidential, and you must not disclose it to any third party. When registering on behalf of a business, you represent that you are authorized to do so. “Permitted Users” means you, your employees, consultants, contractors, and/or agents who are authorized by you to access and use the Eteryx Products under the rights granted to you pursuant to this Agreement. You also acknowledge and agree not to provide any third party with access to the Eteryx Products or portions thereof using your username, password, or other security information. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason. Use of all Eteryx Products is at all times subject to these Terms of Use, whether such use is made through a registered account or otherwise.

7. Customer responsibilities

By using Eteryx Products and Eteryx.io, you will: (i) be solely responsible for all the use of Eteryx Products under your account, including fees incurred in connection with such use; (ii) use Eteryx Products only in accordance with these terms herein in the Terms of Use, relevant documents, and with any applicable laws and regulations; (iii) prevent any unauthorized access from our Products; (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Eteryx Products and notify Eteryx immediately of unauthorized access or use; (v) not sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the Eteryx Products or any services on Eteryx.io for the benefit of third party (vi) not intentionally interfere in any manner with the operation of the Eteryx Products or the hardware and network used to operate Eteryx.io and Eteryx Products; (vii) not intentionally reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of Eteryx.io or the Eteryx platform; and (viii) not modify, copy or make derivative works based on any part of the Eteryx Products or on Eteryx.io.

8. Usage alerts

As soon as your limits are used up, daily alerts will be sent out for overages, which are not included in the monthly subscription price. Keeping track of your monthly usage and overages are your responsibility. Additionally, you have the capability of viewing your usage in the user portal in real time.

9. Billing

Service terms begin with the date you elect your plan and automatically renew every month until you cancel it. Overage usage will be billed at the overage rate throughout the term of your service. All overage charges are your responsibility.

10. Refunds

Unless otherwise expressly agreed, all fees are non-refundable. You may be entitled to a refund if we provide you with a service that does not match the product description of the service that you purchased. If that occurs, and you wish to initiate the refund process, please contact us.

11. Security and Permissible Use

You remain responsible for the security of your and your Permitted Users’ access to Eteryx Products. Should you become aware of any security breach, please notify us as soon as possible. Further, in order to best serve you and our other customers, please notify us if you are aware of an anticipated increase in volume or any other extraordinary events. Eteryx reserves the right to impose rate limits, within its reasonable discretion, as may be applicable to certain Eteryx Products. You represent that your and your Permitted Users’ use of Eteryx Products is not in furtherance of inciting violence, funding terrorism, or otherwise in violation of applicable law. Eteryx reserves the right to suspend or terminate your access to Eteryx Products at any time, should it have reason to believe you are in violation of this Section or Section 7 herein.

12. No warranties

Eteryx.io, Eteryx Products are available and provided on an "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Eteryx or obtained by you from or through Eteryx Products – whether from Eteryx or another entity, and whether oral or written – creates or implies any warranty from Eteryx to you. Eteryx disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided; (b) that the Eteryx Products will meet your specific needs or requirements; (c) that Eteryx.io will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Eteryx will correct any defects or errors in the Eteryx Products; or (e) that the Eteryx.io is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through Eteryx.io is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download. Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

13. Limitation of liability

Under no circumstances will Eteryx be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including lost profits, resulting from your use or inability to use Eteryx Products or for the unavailability of, or your use of Eteryx.io or any Eteryx Products, even if such damages are foreseeable, and whether or not you or Eteryx has been advised of the possibility of such damages. Eteryx is not responsible for any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of Eteryx.io or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Eteryx further denies responsibility for all liability and damages to you or others caused by (a) your access or use of Eteryx.io or Eteryx Products inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used; (c) any bugs, viruses, or other harmful code that may be transmitted to or through Eteryx.io; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others. Under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Eteryx during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20. Notwithstanding the foregoing, you agree by using Eteryx.io, Eteryx IP, and Eteryx Products, you have unlimited liability for gross negligence, willful misconduct, fraud, or misrepresentation. These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

14. Modification and severability

We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of Eteryx.io by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page. Your continued use of our services constitutes your acceptance of updated terms.

15. Customer Service

Our primary objective is to ensure our customers receive exceptional service and an optimal availability for all Eteryx Products.