Terms of Service

These Terms of Service (the "Terms") form a binding legal agreement between you ("you", "your", "Customer") and Ethere MB, a small partnership (mažoji bendrija) registered in the Republic of Lithuania, company registration number 308129929, with its registered office at Girulių g. 10, LT-12112 Vilnius, Lithuania, operating as Ethere ("Ethere"). By accessing, registering for, or using the Ethere website, dashboard, chat widget, or any related services (together, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service. These Terms are governed by the laws of the Republic of Lithuania as set out in Section 37.

Please read these Terms carefully. They limit Ethere's liability (Section 28), disclaim warranties (Section 27), require most disputes to be resolved by arbitration (Section 38), and set out how fees, refunds, termination, and data export work (Sections 9 to 12, 24, 31, and 32). Nothing in these Terms excludes or limits a right that cannot be waived under the mandatory law applicable to you.

1. Acceptance of Terms

By creating an account, executing an order, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy and Cookie Policy, which are incorporated by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, you must not accept these Terms or use the Service on behalf of that entity. Your continued use of the Service constitutes your acceptance of the then-current Terms.

2. Definitions

"Ethere" means Ethere MB, the entity identified in the preamble of these Terms, which operates the Service. "Service" means the Ethere website, the dashboard, the chat widget, and the related services Ethere provides under these Terms. "Customer" means the natural or legal person that registers for or uses the Service. "User" means your employees, representatives, agents, or end users with access to the Service under your account. "Content" means all data, documents, knowledge-base entries, text, images, configuration, and other material you upload to or through the Service. "End User" means a visitor to your website who interacts with the widget. "Subscription Term" means the billing period (for example, monthly) during which you are entitled to use the Service under a paid plan. "Personal Data" has the meaning given in the GDPR (Regulation (EU) 2016/679).

3. Eligibility and Account

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. You agree to provide accurate, current, and complete information when registering an account and to keep such information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify Ethere immediately of any suspected unauthorized use of your account. Ethere may require you to provide evidence of identity or authorization before granting or continuing access to the Service. Ethere reserves the right to refuse registration or to suspend or terminate any account as permitted by applicable law.

4. Description of Service

Ethere provides an AI-powered chat widget for e-commerce websites. The widget answers customer questions based on content and documents that you provide, including knowledge-base entries, uploaded documents, and configuration settings. The Service may include a dashboard, analytics, lead capture, conversation management, and integration features. Ethere may update, modify, or discontinue features of the Service from time to time, including for maintenance, security, or regulatory reasons.

5. AI-Generated Content and Transparency

The Service uses artificial intelligence to generate responses. AI-generated output is provided "as is" without any warranty of accuracy, completeness, reliability, or fitness for a particular purpose. AI output may be incorrect, incomplete, outdated, or otherwise unsuitable, and may contain errors, omissions, or "hallucinations". AI-generated responses are provided for informational purposes only and do not constitute professional, legal, financial, or medical advice. You are solely responsible for reviewing, verifying, and approving all AI-generated output before relying on it or publishing it to your End Users. Liability for AI-generated output is governed by Section 28.

Transparency under the EU AI Act. In accordance with Article 50 of the EU AI Act (Regulation (EU) 2024/1689), Ethere designs the widget so that End Users are informed, clearly and at the latest at the time of their first interaction, that they are interacting with an artificial intelligence system and not with a human; the widget carries a standing notice to that effect, and it must stay visible. Deploying the widget is your act: you must leave that disclosure in place and must not remove, hide, or alter it, and you are responsible for any further information that your own website, your own privacy policy, or applicable law requires you to give your End Users. Ethere's responsibility as the provider of the widget ends with the design of that disclosure; the deployment on your website and the notices you give are yours.

6. AI Training and Model Improvement

Ethere does not use your Content to train or fine-tune general-purpose or foundation models. Content is processed to provide, operate, secure, and support the Service, and for no other purpose. Ethere may use: (a) service telemetry — operational data such as request volumes, latency, error rates, and feature usage — to run, secure, debug, and improve the Service, without disclosing your Content or your End Users' Personal Data to third parties; and (b) aggregated or de-identified information that cannot reasonably be used to identify you, your Users, your End Users, or your Confidential Information and cannot be re-associated with you, to improve the Service and its models. Ethere retains all right, title, and interest in and to its models, algorithms, software, and any aggregated or de-identified information. If Ethere ever wishes to use Content to train a general-purpose or foundation model, Ethere will ask for your prior written agreement and will not treat your continued use of the Service as agreement.

7. Output Ownership

AI-generated output is provided without any representation or warranty as to ownership, originality, non-infringement, or suitability for any particular purpose. Ethere makes no representation that AI-generated output is protectable by intellectual property rights, or that its use will not infringe the rights of any third party. AI-generated output is not guaranteed to be unique or exclusive to you: other customers may receive similar or identical output from similar input. Ethere retains all right, title, and interest in and to the underlying models, algorithms, software, and technology used to generate such output, and nothing in these Terms transfers any such rights to you.

8. Free Trial and Subscription

Ethere may offer a free trial period for certain plans ("Trial"). During a Trial, you may be entitled to access to the Service subject to usage limits that Ethere may apply in Ethere's reasonable discretion. At the end of the Trial, unless you opt in to a paid plan, your access to the paid features may be paused or discontinued. Trials are limited to one per Customer and may not be combined with other offers. If you choose to continue using the Service after a Trial, you will be subscribed to the applicable paid plan and charged in accordance with Section 9. Paid subscriptions renew automatically at the end of each Subscription Term unless you cancel before the renewal date in accordance with Section 32.

9. Fees and Payment

Subscription fees are set out on the Ethere website or in an applicable order form and are exclusive of all taxes, levies, or duties imposed by taxing authorities (such as VAT). Unless otherwise stated, all fees are payable in advance at the start of each Subscription Term; they are not refundable pro rata for the unused part of a billing period, except as Section 10 and Section 38 provide. Ethere may change fees for future billing periods by providing notice in accordance with Section 36. Payment processing is performed by Ethere's third-party payment processors; Ethere does not store your full card details. You authorize Ethere (or Ethere's payment processors) to charge the payment method you provide. If any amount is not paid when due, Ethere may suspend or terminate your access to the Service.

10. Refunds and Finality

All fees paid to Ethere are final and non-refundable. Subject to the mandatory provisions of applicable law and to Section 38, no refunds, credits, or reimbursements will be issued for partial use of the Service, unused subscription time, unused credits or answers, downtime, or early termination, whether such termination is initiated by you or by Ethere. No pro-rata refunds will be provided for partial months, except where Ethere permanently discontinues the Service: if Ethere permanently discontinues the Service before the end of a prepaid Subscription Term, Ethere will refund the unused prepaid portion pro rata to the date of discontinuation. Where a statutory right of withdrawal or mandatory right to a refund applies and cannot be waived, nothing in these Terms excludes or limits such mandatory rights; in all other cases all sales are final. Nothing in this Section limits the mandatory rights of an individual who enters into these Terms as a consumer, including any applicable right of withdrawal described in Section 38.

11. Chargebacks and Payment Disputes

If you initiate a chargeback, reversal, or payment dispute with your bank or payment provider, Ethere may suspend or terminate your account and may recover from you the disputed amount plus any fees, penalties, or costs incurred by Ethere in connection with the dispute. You agree to contact Ethere before initiating a chargeback so that Ethere may attempt to resolve the matter.

12. Late Payment and Interest

If any amount payable under these Terms is not paid when due, interest may accrue on the overdue amount at the statutory rate applicable under Lithuanian law, from the due date until the date of payment. If payment remains outstanding for more than fourteen (14) days after becoming due, Ethere may suspend the Service until all overdue amounts are paid in full.

13. Acceptable Use

You and your Users may not: (a) use the Service for any unlawful purpose; (b) upload or transmit harmful, unlawful, misleading, defamatory, or otherwise infringing content; (c) attempt to access, probe, or interfere with any part of the Service, networks, or security systems without authorization; (d) reverse engineer, decompile, or attempt to derive the source code of the Service except to the extent permitted by law; (e) resell, sublicense, or lease access to the Service except as expressly permitted; (f) use the Service to build a competing product; or (g) use the Service in a deceptive or misleading manner. You are responsible for ensuring that all Content and the use of the Service by you and your Users comply with applicable laws, including data protection legislation.

14. Usage Limits and Fair Use

Ethere may impose reasonable usage limits on the Service (for example, limits on the number of answers, conversations, or API calls). If your usage materially exceeds normal or expected levels, or if your use threatens the stability or security of the Service, Ethere may throttle, suspend, or require you to upgrade your plan. Ethere will use reasonable efforts to notify you before taking such action where feasible.

15. User Content and Intellectual Property

You retain all right, title, and interest in and to the Content that you submit with your account. You grant Ethere a non-exclusive, worldwide, royalty-free license to host, store, process, and use the Content solely to provide, operate, secure, and support the Service, to comply with applicable law, and as further described in Section 6. You represent and warrant that: (i) you own or have the necessary rights and permissions to grant the rights described above; (ii) the Content does not infringe the intellectual property, privacy, or other rights of any third party; and (iii) the Content is not unlawful. All right, title, and interest in and to the Service (excluding your Content) and its software and documentation vest in Ethere and Ethere's licensors. As set out in Section 6, Ethere does not use Content to train or fine-tune general-purpose or foundation models, and does not disclose your Content or your End Users' Personal Data to third parties except as described in the Privacy Policy.

16. End-User Data and Customer's Own Compliance

You are solely responsible for: (a) your own website's privacy policy, cookie policy, and terms of service; (b) obtaining all necessary consents and providing all required notices to your End Users before the widget collects or processes their Personal Data; and (c) compliance with all laws applicable to your use of the widget on your website, including the GDPR and applicable national data protection laws. Ethere is not liable for your failure to obtain End User consent or to comply with your own legal obligations.

17. Data and Privacy

Your use of the Service is subject to Ethere's Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. Ethere processes Personal Data in accordance with those policies and with applicable data protection law, including the GDPR and the national implementing laws of the European Union and of Lithuania. The legal bases for Ethere's processing are set out in the Privacy Policy.

18. Data Processing

To the extent Ethere processes Personal Data on your behalf as a processor, the terms of this Section and the Privacy Policy govern such processing in accordance with Article 28 of the GDPR. Ethere will: (a) process Personal Data only on your documented instructions; (b) ensure persons authorized to process the Personal Data are subject to confidentiality obligations; (c) implement appropriate technical and organizational measures pursuant to Article 32 of the GDPR; (d) impose the same data protection obligations on every sub-processor by written agreement, remain fully liable to you for their performance, keep a current list of sub-processors, and give you notice of an intended change to that list so that you can object on reasonable data-protection grounds; (e) assist you in responding to data subject requests and in meeting your obligations under Articles 32 to 36 of the GDPR, including assistance with data protection impact assessments; (f) at your choice, delete or return all Personal Data after the end of the provision of services, unless storage is required by law; (g) make available to you all information necessary to demonstrate compliance and allow for and contribute to audits, including inspections, subject to reasonable notice and confidentiality; and (h) notify you without undue delay after becoming aware of a personal data breach affecting Personal Data processed on your behalf. Ethere processes Personal Data on infrastructure located in the European Union. Where a sub-processor processes Personal Data outside the European Economic Area — for example an email-delivery or payment provider established outside the EEA — the transfer is made under the Standard Contractual Clauses together with a transfer risk assessment, and the current sub-processor list is published at ethere.cloud/subprocessors. Ethere will not disclose Personal Data to a public authority except where required by law, and will inform you of a legally binding request unless prohibited from doing so. Ethere publishes its Data Processing Agreement at ethere.cloud/dpa, its current sub-processor list at ethere.cloud/subprocessors, and a description of its technical and organizational measures at ethere.cloud/security, and will provide an executed copy on request; all three stay available to you throughout the Subscription Term; where the Data Processing Agreement is executed, it prevails over this Section to the extent of any conflict (Section 51).

19. Confidentiality

Each party (the "Receiving Party") shall keep confidential all non-public information disclosed by the other party (the "Disclosing Party") that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). The Receiving Party shall use Confidential Information only to perform its obligations under these Terms and shall not disclose it to any third party except as required by law or with the Disclosing Party's prior written consent. These obligations do not apply to information that is or becomes publicly available through no fault of the Receiving Party, was already known to the Receiving Party, or is independently developed. These confidentiality obligations survive termination of these Terms for a period of three (3) years, and trade secrets and other business-sensitive information shall be protected for as long as they remain trade secrets or business-sensitive. A breach or threatened breach of this Section may cause irreparable harm, and the Disclosing Party shall be entitled to seek injunctive or other equitable relief in addition to any other remedies available at law.

20. Feedback

If you provide Ethere with any feedback, suggestions, ideas, or comments regarding the Service ("Feedback"), you grant Ethere a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and incorporate the Feedback into the Service or any other product or service without any obligation or compensation to you.

21. Third-Party Services

The Service may enable you to connect to or interact with third-party services or integrations (for example, Shopify or WooCommerce). Any such use is subject to the third party's terms, and it is your responsibility to review them. Ethere does not control and is not responsible for any third-party service, and Ethere is not liable for any processing, storage, or transfer of data performed by a third party.

22. Service Availability and Maintenance

Ethere does not guarantee any specific level of availability, uptime, or performance, and no service level agreement applies unless expressly agreed in an order form or in a separate service level agreement signed by both parties. Ethere may perform scheduled or emergency maintenance, and the Service may be unavailable from time to time; scheduled maintenance is excluded from any service level agreed with you. Ethere will use reasonable efforts to give you advance notice of planned maintenance and to inform you of an incident that affects your use of the Service. Except as agreed in a service level agreement, or as governed by Section 28, Ethere is not liable for unavailability, interruption, or degradation of the Service.

23. Beta and Preview Features

Ethere may make beta, preview, or experimental features available to you. Such features are provided "as is" without warranty, may be modified or removed at any time without notice, and Ethere is not liable for any loss or damage arising from your use of them.

24. Modification and Discontinuation

Ethere may modify, suspend, or discontinue any part of the Service, in whole or in part, including for maintenance, security, legal, or commercial reasons. Where Ethere discontinues a feature that forms part of your paid plan, Ethere will give reasonable advance notice, and at least thirty (30) days where practicable. If Ethere permanently discontinues the Service before the end of a prepaid Subscription Term, the refund described in Section 10 applies. Ethere is not otherwise liable to you for a modification, suspension, or discontinuation, and no other refund is payable as a result.

25. Support

Ethere provides support for the Service on a best-efforts basis through the support address published on the Ethere website and in the Service, and support is included with paid plans. Any response or resolution target applies only where expressly agreed in an order form or in a separate support policy signed by both parties. Ethere may change how support is provided, but will not withdraw support for a paid plan during a prepaid Subscription Term.

26. Right to Refuse Service

Ethere may refuse to provide the Service, or discontinue it for a Customer, where Ethere has a legitimate reason — for example a legal, sanctions, security, abuse-prevention, or payment reason — subject to applicable law and, where Section 10 applies, to the refund it provides.

27. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis, without warranties of any kind, express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. Ethere does not warrant that the Service will be uninterrupted, error-free, or secure, or that AI-generated output will be accurate or reliable. You use the Service at your own risk.

28. Limitation of Liability

To the maximum extent permitted by applicable law, Ethere (including its affiliates, officers, directors, employees, and agents) shall not be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or savings, arising out of or in connection with the Service, whether in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages. To the maximum extent permitted by law, Ethere's total aggregate liability arising out of or related to these Terms or the Service shall be limited to the total fees actually paid by you to Ethere during the twelve (12) months preceding the event giving rise to the liability. The existence of one or more causes of action shall not increase Ethere's aggregate liability. These limitations do not apply to: (a) liability for death or personal injury caused by Ethere's negligence; (b) fraud, fraudulent misrepresentation, gross negligence, or willful misconduct; (c) breach of Ethere's confidentiality obligations under Section 19; (d) Ethere's indemnity obligation under Section 29; (e) your obligation to pay fees that are due; and (f) any liability that cannot be limited or excluded by law. Nothing in these Terms excludes or limits Ethere's liability for a breach of its data-protection obligations under Section 18 to the extent that liability cannot be limited or excluded under applicable law.

29. Indemnification

Your indemnity. You agree to defend, indemnify, and hold harmless Ethere, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Content you upload that infringes or misappropriates the intellectual-property, privacy, or other rights of a third party; (b) your use of the Service in violation of these Terms or applicable law; or (c) your failure to give the notices or obtain the consents your End Users are entitled to. Ethere may assume the exclusive defense and control of any matter for which you are required to indemnify Ethere, and you agree to cooperate in defending such claims.

Ethere's indemnity. Ethere will defend you against a third-party claim alleging that the Service itself (excluding your Content, AI-generated output, your configuration, and any third-party service or integration) infringes a copyright, trademark, or patent enforceable in the European Union, and will pay the damages and costs finally awarded against you in that claim, provided that you notify Ethere promptly, give Ethere the right to control the defense, and do not settle the claim without Ethere's agreement. If such a claim is made or appears likely, Ethere may, at its option: procure the right for you to continue using the Service; modify the Service so that it no longer infringes; or terminate the affected part of the Service and refund the unused prepaid fees for it. Ethere has no liability under this paragraph to the extent the claim arises from your Content, from AI-generated output, from a modification of the Service by anyone other than Ethere, from use of the Service in combination with something Ethere did not supply, or from your continued use of the Service after Ethere notified you to stop.

30. Data Loss and Backups

Ethere maintains backup copies of the Service data as part of its business continuity and disaster recovery process: a full encrypted backup each week, incremental encrypted backups on the other days, and continuous transaction-log shipping, with an encrypted copy held on infrastructure separate from the production database and retained on a rolling basis. These backups exist to restore the Service as a whole, and are not a substitute for your own copies. You remain responsible for keeping independent copies of Content that you cannot afford to lose, and the self-service export described in Section 31 is the fastest way to do so. Except for the backups described in this Section, and to the extent that liability cannot be excluded under applicable law, Ethere is not liable for any loss, corruption, or deletion of Content, whether caused by the Service, a third party, or otherwise.

31. Data Export and Deletion on Termination

You may export your data at any time while your account is active. The dashboard provides a self-service export: a structured, machine-readable (JSON) copy of your account data on the account tab, and a copy of the organization's data on the organization tab, available to an owner or an administrator. Very large collections are capped, and every export states exactly what it contains and what was left out. If you need a format or a scope that the self-service export does not cover, contact Ethere during the Subscription Term and Ethere will help. On termination, Ethere deletes or anonymizes Content and associated data promptly, and in any event within thirty (30) days, except where applicable law requires retention. Data may survive in the encrypted backups described in Section 30 until those backups are overwritten on their normal rotation (weekly full backups are retained for four weeks and daily incremental backups for one week), after which it is no longer recoverable. Export your Content before you delete your account: once deletion is complete, it cannot be undone.

32. Termination

You may terminate your account at any time through your account settings or by contacting Ethere. Ethere may suspend or terminate your access to the Service if Ethere determines in good faith that you have violated these Terms or applicable law, or if a payment remains overdue. Upon termination, your right to use the Service ceases, and you are not entitled to any refund except as required by mandatory law or as provided in Section 10 or Section 36. The sections of these Terms that by their nature should survive termination shall survive, including Sections 5, 6, 7, 10, 15, 16, 17, 18, 19, 20, 27, 28, 29, 30, 31, 37, 38, 39, and 47.

33. Suspension

Ethere may suspend or limit access to the Service, with or without advance notice, if Ethere reasonably believes there is a threat to the security or integrity of the Service, if your use could cause damage or disproportionate load, if you have failed to pay amounts due, or if required by law or requested by a regulatory authority. Such suspension does not exempt you from your payment obligations.

34. Force Majeure

Ethere shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, labor disputes, power or internet outages, or failures of third-party services or infrastructure.

35. Export Control and Sanctions

You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to sanctions or embargoes, and that you are not listed on any denied-party or sanctions list. You agree to comply with all applicable export control and sanctions laws. Ethere may refuse to provide the Service to any person or entity that would cause Ethere to violate such laws.

36. Changes to These Terms or the Service

Ethere may update, modify, or replace these Terms. When Ethere makes a change, Ethere will publish the updated Terms with a new "Last updated" date. Where a change is material — in particular a change to fees, to the liability or indemnity provisions, to dispute resolution, or to the way Ethere handles Content — Ethere will give you at least thirty (30) days' notice by email or within the Service before it takes effect. If a material change is not acceptable to you, you may terminate these Terms before it takes effect, and Ethere will refund the unused prepaid portion of your Subscription Term pro rata. A change to fees takes effect only from your next renewal and never retroactively. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

37. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual matters) shall be governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to its conflict-of-laws principles. Nothing in this Section restricts the mandatory rights of an individual who enters into these Terms as a consumer, including the right to bring proceedings in the courts of the member state of the consumer's habitual residence in accordance with Article 18 of Regulation (EU) No 1215/2012 (the Brussels I regulation); to the extent that the law of the consumer's habitual residence imposes rules that cannot be derogated from, those rules apply notwithstanding this Section. The parties will first attempt to resolve any dispute informally by negotiation in good faith. If a dispute is not resolved informally within thirty (30) days, it shall be resolved in accordance with Section 38.

38. Arbitration

To the extent permitted by law, you and Ethere agree to resolve any dispute through final and binding arbitration administered by the Vilnius Court of Commercial Arbitration (VCCA) in accordance with its rules then in effect, rather than in court. The arbitration shall be conducted in Vilnius, Lithuania, in the English language, by a single arbitrator. A party intending to initiate arbitration must first send the other party a written notice describing the nature and basis of the claim and the specific relief sought; if the dispute is not resolved within thirty (30) days after receipt of the notice, either party may commence arbitration. This Section does not prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property or confidential information, does not preclude either party from bringing an individual action in a small claims procedure (including the European Small Claims Procedure under Regulation (EC) No 861/2007) where available, and does not affect any mandatory rights that cannot be waived under applicable law, including the right of a consumer to pursue any claim through a qualified representative entity under the EU Representative Actions Directive (EU) 2020/1828.

Consumers. If you are an individual who enters into these Terms wholly or mainly outside your trade, business, or profession (a "consumer"), the following applies notwithstanding anything to the contrary in these Terms: (a) no pre-dispute agreement to arbitrate is binding on you unless you agree to arbitrate after a dispute has actually arisen; (b) you retain the right to bring proceedings in the courts of the EU member state in which you are habitually resident in accordance with Article 18 of the Brussels I regulation, or the courts of your country of residence if you are located elsewhere, regardless of this Section or Section 37; (c) you may have a right to withdraw from the contract within fourteen (14) days of its conclusion under Directive 2011/83/EU on consumer rights (the "Consumer Rights Directive") and equivalent national law, provided that, where the Service is supplied as a digital service other than on a tangible medium and its performance begins immediately, the right of withdrawal is lost only where you gave your express consent to the immediate performance and acknowledged that you thereby lose the right of withdrawal; and (d) nothing in these Terms excludes or limits any right or remedy that cannot be waived or limited under the mandatory consumer-protection law applicable to you.

39. Limitations Period

To the extent permitted by law, claims arising out of or related to these Terms or the Service are subject to the applicable statutory limitation periods. Nothing in these Terms shortens a limitation period further than applicable law permits, and neither party waives a limitation period that cannot lawfully be waived. Ethere asks that you raise any concern promptly so that Ethere can investigate and, where appropriate, resolve it without formal proceedings.

40. Notices

Ethere may provide notices to you by email to the address associated with your account, or by posting within the Service. Notices sent by email are deemed received on the day they are sent. You may provide notices to Ethere by email to legal@ethere.cloud.

41. Electronic Communications and Signatures

You consent to receive all communications, notices, agreements, and disclosures from Ethere electronically, including by email or within the Service. You agree that your electronic acceptance of these Terms (for example, by checking a box or clicking a button) constitutes a valid and binding signature, and that electronic records satisfy any requirement that such communications be in writing.

42. Independent Contractors

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Ethere. Each party is an independent contractor and has no authority to bind the other.

43. No Third-Party Beneficiaries

These Terms are for the benefit of you and Ethere only, and no third party (including your End Users) shall have any right to enforce any provision of these Terms.

44. No Reliance on Representations

You acknowledge that you have not relied on any statement, promise, representation, or warranty not expressly set out in these Terms, and that Ethere makes no representation or warranty regarding any future functionality, feature, or result.

45. No Oral Modifications

These Terms may only be amended or modified as set out in Section 36. No oral statement, course of dealing, or course of performance shall modify these Terms.

46. Cumulative Remedies

The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law, except as expressly limited by these Terms.

47. Attorneys' Fees

In any arbitration or legal proceeding arising out of or related to these Terms, the arbitrator or court may award the prevailing party its reasonable attorneys' fees and costs to the extent permitted by applicable law, and each party otherwise bears its own fees. Nothing in this Section requires a consumer to pay Ethere's fees and costs.

48. Information and Pre-Contractual Disclosures

In accordance with Directive 2000/31/EC on electronic commerce as implemented in the Republic of Lithuania, Directive 2011/83/EU on consumer rights, and, to the extent applicable, Regulation (EU) 2022/2065 (the Digital Services Act), the following information is provided: Ethere is operated by Ethere MB, a small partnership (mažoji bendrija) registered in the Republic of Lithuania, with its registered office at Girulių g. 10, LT-12112 Vilnius, Lithuania, and company registration number 308129929. Ethere MB is not registered for VAT. Ethere MB is reachable at legal@ethere.cloud. The essential characteristics of the Service, the total price (including all applicable taxes), and the steps to conclude the contract are set out on the Ethere website and in these Terms. You may review and correct errors in your order before submitting it. These Terms are made available to you in a form that allows you to store and reproduce them. The language of the contract is English. If you are a consumer and a complaint is not resolved directly with Ethere, you may refer it to the State Consumer Rights Protection Authority (Valstybinė vartotojų teisių apsaugos tarnyba) or to another competent out-of-court dispute resolution body. The same information is offered as a courtesy translation in the languages Ethere serves, at ethere.cloud/pre-contractual-information; the English wording in this Section governs.

49. Language and Headings

The governing language of these Terms is English. Any translation is provided for convenience only and shall not affect the interpretation of the English version. Section headings are for convenience only and do not affect the meaning of these Terms.

50. Digital Services Act and Notice-and-Takedown

To the extent Ethere qualifies as a hosting service under the EU Digital Services Act (Regulation (EU) 2022/2065, the "DSA"), the following applies. Ethere provides a single point of contact for EU Member State authorities, the European Commission, and the European Board for Digital Services, reachable at legal@ethere.cloud. If you believe that content made available through the Service is illegal or infringes your rights, send a notice to abuse@ethere.cloud that identifies the content and where it appears (for example the conversation, message, or knowledge entry), explains why you consider it unlawful, and gives your name and contact email address. Ethere will review the notice, decide on it without undue delay, and inform the notifier of the outcome. Where Ethere removes or disables access to content, Ethere will give the affected user a clear and specific statement of reasons as required by Article 17 of the DSA. Ethere may suspend or terminate the accounts of users who repeatedly post illegal or infringing content. Ethere has no general obligation to monitor the Service for illegal content and does not do so proactively.

51. General Provisions

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be limited or modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. No failure or delay by Ethere to exercise any right or remedy shall be a waiver of that or any other right, and no waiver may be implied from any course of dealing or course of performance. These Terms, together with the Privacy Policy and the Cookie Policy, and, where executed, any order form, Data Processing Agreement, service level agreement, support policy, or security addendum, constitute the entire agreement between you and Ethere regarding the Service and supersede all prior or contemporaneous agreements. In the event of a conflict, the following precedence applies: (a) an order form or other document signed by both parties shall prevail over these Terms to the extent of the conflict; (b) any Data Processing Agreement shall prevail over these Terms with respect to the processing of personal data; (c) any service level agreement, support policy, or security addendum signed by both parties shall prevail over these Terms with respect to its subject matter; and (d) any pricing, payment, or product-specific terms displayed on the Ethere check-out page at the time of purchase shall prevail with respect to such matters. You may not assign or transfer these Terms without Ethere's prior written consent; Ethere may assign these Terms without your consent, provided that any assignment to a competitor of Ethere is null and void.

52. Contact Ethere

For questions about these Terms of Service, including the refund policy, arbitration, data export, or dispute resolution, contact Ethere at legal@ethere.cloud.

These Terms were last updated on 19 October 2026.