top of page

SERVICE TERMS

 

----

 

OVERVIEW

 

This website is operated by etherea. Throughout the site, the terms "we", "us" and "our" refer to etherea. etherea offers this website, including all information, tools and services available from this site, to you, the user, subject to your acceptance of all terms, conditions, policies and notices set forth here.

 

By visiting our website and/or purchasing something from our website, you are using our “Services” and accordingly agree to the following terms and conditions (“Terms of Service”, “Terms”), including the terms and conditions and additional policies mentioned in this document and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are viewers, manufacturers, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to the Terms of Service. If you do not agree with all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools that are added to the current application must also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to periodically check for changes made to this page. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.


 

SECTION 1 - APPLICATION TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or county of residence, or that you are the age of majority in your state or county of residence, and that you have given us your permission to allow any of your your minor dependents use this site.

 

You must not use our products for any illegal or unauthorized purpose. You also may not, by using this Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any viruses or any code of a destructive nature.

 

Violating any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone, for any reason, at any time.

 

You understand that your content (not including credit card information) may be transferred unencrypted and may: (a) be transmitted over various networks; and (b) undergo changes to adapt and conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred between networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

 

Headings used in this agreement are included for convenience only and do not limit or affect the Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND VALIDITY PERIOD OF INFORMATION

 

We are not responsible if the information made available on this website is not accurate, complete or current. The material on this site is provided for informational purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any use of material on this site is at your own risk.

 

This website may contain certain historical information. Historical information may not be current and is provided for your reference only. We reserve the right to modify the content of this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to keep track of changes to our website.

SECTION 4 - SERVICE AND PRICE CHANGES

 

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We are not responsible to you or any third party for any modification, price change, suspension or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

 

Certain products or services may be available exclusively online through the website. Such products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear in the app. We cannot guarantee that the display of any color on your computer monitor will be accurate.

We reserve the right to, but are not obligated to, limit sales of our products or Services to any person, geographic region or jurisdiction. We can exercise this right in each individual case. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services on this site is void where prohibited by law.

 

We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the number of products purchased per person, per household or per order. Such restrictions may include orders placed under the same customer account, on the same credit card, and/or orders using the same invoice and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or telephone number/billing address provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by merchants, resellers or distributors.

You agree to provide your complete account and purchase information for all purchases made on our app. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more information, please see our Return Policy.

SECTION 7 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools that we do not monitor or have control or input over.

 

You acknowledge and agree that we provide access to such tools as is and as available, without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible in any way for your use of optional third-party tools.

 

Your use of optional tools offered through the website is entirely at your own risk and you must familiarize yourself with and approve the terms of tools that are provided by the third party vendor(s).

 

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD PARTY LINKS

 

Certain content, products and services available through our Service may include materials from third parties.

 

Third party links on this site may direct you to third party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy. We do not guarantee and have no liability or responsibility for any third-party materials or websites, or for any other third-party materials, products or services.

 

We are not responsible for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please read the third party policies and practices carefully and make sure you understand them before making any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the respective third-party company.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER INTERACTIONS

 

If, at our request, you take certain specific actions (e.g., contest entries) or, without our request, send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, post or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and use, in any medium, any comments you submit to us. We are not responsible for: (1) keeping any comments confidential; (2) indemnify for any comments; or (3) respond to any comments.

We may, but are under no obligation, to monitor, edit or remove content that we determine in our sole discretion to be against the law, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property of others or these Terms of Service.

You agree that your comments will not violate any third party right, including copyright, trademark, privacy, personality or other personal or proprietary right. You agree that your comments will not contain defamatory, unlawful, abusive or obscene material. They will also not contain any computer viruses or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.

 

SECTION 10 - PERSONAL INFORMATION

 

Your submission of personal information through the app is governed by our Privacy Policy. See our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

At times, there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate, at any time and without notice (even after you have sent your order).

 

We undertake no obligation to update, amend or explain information on the Service or any related website, including but not limited to pricing information, except as required by law. No specific update or update date on the Service or on any related website should be used to indicate that all information on the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

 

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content for: (a) any unlawful purpose; (b) solicit others to perform or participate in illegal acts; (c) violate any local, international, federal, provincial or state regulations, rules, laws or laws; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) send or transmit viruses or any other type of malicious code, which will or may be used in any way that affects the functionality or operation of the Service or any related website, other websites or the internet; (h) collect or track the personal information of third parties; (i) spam, phishing, pharm, pretext, spider, crawl or scrape practices; (j) any obscene or immoral purpose; or to (k) interfere with or circumvent the security features of the Service or any related website, other websites or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not promise, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be obtained by using the service will be accurate or reliable.

 

You agree that, from time to time, we may remove the service for indefinite periods of time or cancel it at any time without giving you notice.

You agree that your use or inability to use the Service is at your own risk. The Service and all products and services delivered through the Service are (except as stated by us) provided without warranty and as available for your use, without any representations, warranties or conditions of any kind, express or implied, including all warranties conditions or conditions of merchantability, quantity, fitness for a particular purpose, durability, title and non-infringement.

 

In no event shall etherea, our directors, officers, employees, Affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damage, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, loss of revenue, loss of savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or not, arising out of your use of any of the services or any products purchased using the service, or for any other claim relating in any way to your use of the service or any product, including without limitation any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if advised of its possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the fullest extent permitted by law.

 

SECTION 14 - INDEMNITY

 

You agree to indemnify, defend and hold harmless etherea and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys' fees reasonable orders made by a third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - INDEPENDENCE

 

In the event that any provision of these Terms of Service is found to be unlawful, void or unenforceable, such provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service, and such provision will not affect the validity and enforceability of any remaining provisions.

 

SECTION 16 - TERMINATION

 

The parties' obligations and liabilities incurred prior to the termination date will survive termination of this agreement for all purposes.

 

These Terms of Service remain in effect unless terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease to use our website.

If in our sole discretion you fail to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will be responsible for all amounts due up to the date of termination; we may also deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

 

Failure on our part to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules published by us on this site or in connection with the service constitute the entire agreement between us. These terms govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service should not be construed against the party who drafted them.


 

SECTION 18 - APPLICABLE LAW

 

These Terms of Service and any separate agreements under which we provide the Services to you will be governed by and construed in accordance with the laws of Rua São Gabriel 1555, Americana, SP, 13473000, Brazil.
 

SECTION 19 - CHANGES TO THE TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time on this page.

 

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at contato@etherea.ai.

Terms and conditions

bottom of page