Version 1.0 · Last updated: 03 October 2026
These Terms of Service (the "Terms") form a binding legal agreement between you ("you", "your", "Customer") and 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. BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION (SECTION 38) RATHER THAN LITIGATION IN COURT, AND YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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.
"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).
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.
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.
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. ETHERE IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR RELIANCE ON AI-GENERATED OUTPUT. In accordance with Article 50 of the EU AI Act (Regulation (EU) 2024/1689), Ethere will design the widget so that End Users are informed that they are interacting with an artificial intelligence system and not a human, and you are responsible for ensuring that this disclosure is displayed to your End Users when you deploy the widget on your website.
Ethere may use aggregated, anonymized, or de-identified data derived from the Service to improve, train, and develop its models and services. Ethere does not use your Content to train models in a manner that would disclose your Content or your End Users' Personal Data to third parties, except as described in the Privacy Policy. Ethere retains all right, title, and interest in and to its models, algorithms, and any aggregated or anonymized data.
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.
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.
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 and are non-cancellable. 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.
ALL FEES PAID TO ETHERE ARE FINAL AND NON-REFUNDABLE. Subject to mandatory provisions of applicable law, 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. 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.
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.
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.
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.
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.
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, and improve the Service and to comply with applicable law. 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. In accordance with Section 6, Ethere will not use Content to train models in a manner that would disclose your Content or your End Users' Personal Data to third parties, and will not train models on Personal Data in identifiable form.
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.
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 Estonia, Latvia, and Lithuania. The legal bases for Ethere's processing are set out in the Privacy Policy.
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 any sub-processor and remain fully liable to you for their performance; (e) assist you in responding to data subject requests and in meeting your obligations under Articles 32 to 36 of the GDPR; (f) at your choice, delete or return all Personal Data after the end of the provision of services, unless storage is required by law; and (g) make available to you all information necessary to demonstrate compliance and allow for and contribute to audits. A Data Processing Agreement and Standard Contractual Clauses are available on request.
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.
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.
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.
Ethere does not guarantee any specific level of availability, uptime, or performance of the Service, and no service level agreement applies unless expressly agreed in writing. Ethere may perform scheduled or emergency maintenance, and the Service may be unavailable from time to time. Ethere is not liable for any unavailability, interruption, or degradation of the Service.
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.
Ethere may modify, suspend, or discontinue any part of the Service, in whole or in part, at any time, with or without notice, including for maintenance, security, legal, or commercial reasons. Ethere is not liable to you for any such modification, suspension, or discontinuation, and no refund is payable as a result, subject to Section 10.
Ethere may provide support for the Service on a best-efforts basis, but is under no obligation to provide support, and no service level agreement applies to support unless expressly agreed in writing.
Ethere may refuse to provide the Service to any person or entity, or discontinue the Service to any Customer, at its sole discretion, subject to applicable law and without liability.
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.
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 six (6) 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 liability for death or personal injury caused by Ethere's negligence, or to fraud, fraudulent misrepresentation, or any liability that cannot be limited or excluded by law.
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) your use of the Service; (b) your violation of these Terms or applicable law; (c) the Content; or (d) any claim by a third party (including your End Users) arising from your use of the Service or your failure to obtain required consents. 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 is not responsible for backing up your Content. You are solely responsible for maintaining your own backups of any Content you upload to the Service. Ethere is not liable for any loss, corruption, or deletion of Content, whether caused by the Service, a third party, or otherwise.
Upon termination of your account, Ethere may delete your Content and any associated data. Ethere has no obligation to retain or return your Content after termination, except as required by applicable law or as set out in the Privacy Policy.
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. The sections of these Terms that by their nature should survive termination shall survive, including Sections 5, 6, 7, 10, 15, 16, 19, 20, 27, 28, 29, 30, 37, 38, 39, and 47.
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.
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.
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.
Ethere may update, modify, or replace these Terms at any time. When Ethere makes changes, Ethere will update the "Last updated" date and, where the change is material, provide you notice within the Service or by email. Continued use of the Service after updated Terms take effect constitutes acceptance of the updated Terms.
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.
To the maximum 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. You and Ethere each waive any right to a jury trial and any right to participate in a class, collective, or representative action, to the maximum extent permitted by law. 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.
To the maximum extent permitted by law, any claim or cause of action arising out of or related to these Terms or the Service must be brought within twelve (12) months after the event giving rise to the claim, regardless of any longer statutory limitation period. Claims not brought within this period are permanently barred.
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 contact@ethere.cloud.
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.
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.
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.
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.
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.
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.
In any arbitration or legal proceeding arising out of or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, to the extent permitted by applicable law.
In accordance with the EU e-commerce Directive (2000/31/EC), 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 contact@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 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.
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 contact@ethere.cloud. Persons may report suspected illegal content, or content that they believe infringes their rights, by contacting Ethere at contact@ethere.cloud; Ethere will review such notices and may remove or disable access to content it determines to be illegal or infringing. Ethere may suspend or terminate the accounts of users who repeatedly post infringing or illegal content. Ethere has no general obligation to monitor the Service for illegal content and does not do so proactively.
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 Cookie Policy, 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) any executed order form 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; and (c) 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.
For questions about these Terms of Service, including the no-refund policy, arbitration, or dispute resolution, contact Ethere at contact@ethere.cloud.
These Terms were last updated on 03 October 2026.
Earlier versions of this document are available for download below. The current version is 1.0 (03 October 2026).
No previous versions have been published yet.