Terms of Service

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These Terms of Service (the “Terms of Service”) are a contract between you, the user, and Foolish Ventures, a Delaware LLC with its registered agent as National Registered Agents, Inc. 160 Greentree Dr. Ste 101 Dover, DE 19904 (“etch”). etch operates the etch Site and etch App (collectively the “etch Site”). By using the etch Site and any services accessible from the etch Site, you are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the etch Site or any services or products offered on the etch Site or on any other platform, including mobile applications, offered by etch (collectively, the “Service” or “Services”). VIOLATION OF ANY OF THE TERMS OF SERVICE BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SERVICE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. etch reserves the right to refuse service to anyone for any reason at any time.

Plain English

By being a member and using etch, you agree to everything on this page. We have to do this to protect both you and us and make running this business possible. If you break these terms, you can't use etch anymore.

Your Account

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In order to open an account on the etch Site (the “Account”), you must (i) agree to these Terms of Service, (ii) provide any other information required by etch during the registration process, and (iii) certify that you are at least thirteen (13) years of legal age at the time you open an account. You will update this information to maintain its accuracy during the time you are using the Service. You are responsible for maintaining the security of your account and any applicable password. etch cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content, code, features, comments, graphics or text that you may post on the etch Site (the “Content”) and activity that occurs under your Account (even when Content is posted by others who have access to your Account). Any information submitted by you shall be subject to etch’s Privacy Policy. One person or legal entity may not maintain more than one Account. Accounts registered by “bots” or other automated methods are not permitted.

Plain English

Your account is your responsibility. If your account is compromised we'll try to help, but we can't guarantee we can fix any damages.

Our License to You

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etch hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the etch Site, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms of Service. You may not permit the etch Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the etch Site. All rights not expressly granted to you are reserved by etch and its licensors. You shall not (i) modify or make derivative works based upon the etch Site; (ii) reverse engineer or access the etch Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the etch Site, or (c) copy any features, functions or graphics of the etch Site. You further acknowledge and agree that, as between the parties, etch owns all right, title, and interest in and to the etch Site, including all intellectual property rights therein.

Plain English

Don't copy etch itself.

Your License to Us

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By submitting, posting or displaying Content on the etch Site, you grant etch and other users of the Services a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

Plain English

Don't put anything on etch where that wouldn't be OK.

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You agree that this license includes the right for etch and other users of the Services to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by etch or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

Plain English

People don't have to pay you to use the things you make on etch.

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etch may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

Plain English

People can modify your work.

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Additionally, by uploading Content to the etch Site, you warrant, represent and agree that you have the right to grant etch the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. etch reserves the right in its discretion to remove any Content from the etch Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.

Plain English

Don't put nasty or copyright-infringing things on etch.

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You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. etch will not be responsible or liable for any use of your Content in accordance with these Terms of Service.

Plain English

Don't use etch to do bad things. If you do, we'll remove your account and you personally are responsible for any trouble you cause.

Your Responsibilities

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As a condition of your use of the Services, you agree to (a) provide etch with true, accurate, current and complete information as prompted by the etch registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.

Plain English

Don't lie on the sign up form.

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You are responsible for all activity occurring under your Accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the etch Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.

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Follow all laws that apply to you, based on where you live or anything else.

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You shall: (i) notify etch immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to etch immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.

Plain English

If your account is hacked, let us know right away.

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You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the etch Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the etch Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the etch Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

Plain English

BYO electricity, internet, computer, web browser, etc.

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All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will etch be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or broadcast elsewhere.

Plain English

We don't monitor every single thing on etch. It's up to you to do right.

Impermissible Acts

As a condition to your use of the etch Site, you agree not to:

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upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the etch Site;
upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the etch Site; reverse engineer, decompile or disassemble any of the software used to provide the etch Site;
reproduce, duplicate or copy or exploit any other portion of the etch Site, without the express written permission of etch;
interfere with or disrupt the etch Site, or any servers or networks connected to the etch Site, or disobey any requirements, procedures, policies or regulations of networks connected to the etch Site;
obtain, collect, store or modify the personal information about other users;
modify, adapt or hack the etch Site or falsely imply that some other site is associated with the etch Site or etch; or

Plain English

Don't be a jerk.

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use the etch Site for any illegal or unauthorized purpose. You must not, in the use of the etch Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

Plain English

Don't break laws.

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We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of etch, its users and the public.

Plain English

We might pop into your account to help with a support request, but we otherwise don't go snooping around.
If we are legally required to provide information to the government that they request, we will, but not otherwise.

Feedback

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In the course of using the etch Site, you may provide etch with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the etch Site (collectively “Feedback”). You hereby grant etch a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Plain English

If you send us an idea, we might use it, in which case it's protected by all the same rules on this page.

Violation of these Terms of Service

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etch reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. etch may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that etch has no obligation to pre-screen or monitor your access to or use of the etch Site or any information, materials or other content provided or made available through the etch Site, but has the right to do so. You hereby agree that etch may, in the exercise of etch’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Plain English

We will delete anything that violates these rules. We have the right to take legal action against violations of these rules.

Cancellation and Termination

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etch, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case etch may refuse to provide you any current or future use of the etch Site, or any other Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from etch once your account is terminated; however etch may for a time retain residual information in our backup and/or archival copies of our database.

Plain English

Don't use etch for asset storage for non-etch things.

Modifications to the etch Site and Prices

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etch reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the etch Site and Service (or any part thereof) with or without notice.

Plain English

The last thing we plan on doing is shutting down, but if we have to we have to.

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etch shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the etch Site.

Plain English

Hopefully any change we make to the site is for the better, but if we change something you don't like, it will be up to you to decide if you want to stay on.

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etch reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current etch Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the etch Site after any such changes shall constitute your consent to such changes.

Plain English

This page might change from time to time. We'll let you know through the in-app notification system of any major changes.

Copyright and Content Ownership

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All right, title, and interest in and to the Services (excluding Content provided by you), are and will remain the exclusive property of etch and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the etch name or any of the etch trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to etch or its third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services.

Plain English

The things you make on etch are yours, "etch" is ours.

Notification of Claims of Infringement

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If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify etch’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at contact [at] etchapp [dot] com or:
Please provide our Agent with a notice including:

Identification of the material on the etch Site that you claim is infringing, with enough detail so that we may locate it on the etch Site;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.

Plain English

If you need to report a copyright infringement, drop us a line.

Disclaimer of Warranties

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THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE ETCH SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. ETCH AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ETCH AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. ETCH DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE ETCH SITE WILL BE CORRECTED. ETCH AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. ETCH AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ETCH SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ETCH SITE.

Plain English

There might be downtime. There might be bugs. The features might not always meet your exact needs.

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YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE ETCH SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Plain English

You use etch by your own free will and are responsible for your own actions.

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Technical support is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

Plain English

We actually respond to emails from any user the best we can.

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SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Plain English

If you live somewhere where this doesn't apply, it doesn't apply.

Limitation of Liability

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UNDER NO CIRCUMSTANCES SHALL ETCH OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR ETCH SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ETCH OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR ETCH SITE, FROM INABILITY TO USE THE SERVICES OR ETCH SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR ETCH SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

Plain English

We can't be liable for misuse of etch or for etch not meeting your needs.

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THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ETCH SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ETCH SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
For example, if you try and somehow run a business through etch and we have some downtime, we can't be responsible for your loss of profit.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Plain English

If this doesn't apply to you because of where you live, it doesn't apply to you.

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Without limiting the foregoing, under no circumstances shall etch or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Plain English

Should a meteor strike the Earth right at our data center, we might go down.

Indemnification

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You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of the Services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify etch and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed into etch including infringement of intellectual property laws or civil or criminal claims. etch shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

Plain English

If you get in trouble with the law for something you did on etch, that's on you and you agree that it isn't etch itself’ s fault. If we receive notification of an infringement by you, we'll pass it along to you.

General

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These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law’s provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of etch.
Questions about the Terms of Service and/or Billing should be addressed to contact [at] etchapp [dot] com or by mail.

Plain English

If part of these terms are in conflict with laws in your region, the rest of the terms still apply. Any questions, hit us up.