Terms of Service

User's Acknowledgment and Acceptance of Terms

Welcome to Ether-Trace!

Thank you for using the Ether-Trace services. Ether-Trace Limited ("Ether-Trace", "Us" or "We") provides the www.ether-trace.com site and various related services, including any content, functionality, your use of virtual assistants, and services offered on or through www.ether-trace.com (the "Site" and collectively, the "Services") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (collectively, the "Terms of Service"), as well as any other written agreement between us and you. In addition, when using particular Services or materials on this Site, users shall be subject to any posted rules applicable to such Services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. You may wish to print or save a local copy of these Terms of Service for your records.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTIONS 12 AND 15 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 19 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS OF SERVICE WITH RESPECT TO THE SERVICES.

These Terms of Service are effective as of the "Last Updated" date identified at the top of this page. You should look at the Terms of Service regularly and the "Last Updated" date at the beginning of these Terms. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Service from time to time and to familiarize yourself with any modifications. We'll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Services, or via email. Your continued use of this Site or the Services after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon your continued use of this Site or the Services. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

As used in these Terms of Service, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents, or the Services.

Overview of our Services

1. To ensure the quality of the Ether-Trace experience we have set up our Terms of Service for our mutual benefit. If you violate these rules it will mean you've broken the Terms of Service and this may result in a termination of your account.
2. Tasks and concierge requests are non-transferable. You cannot sell or give away tasks on your plan but you are more than free to buy a plan for your friends, family and loved ones—they'll love you and so will we. Your Ether-Trace account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.
3. All Ether-Trace plans are governed by a monthly hour limit by plan type. If these hours are unused by the next billing cycle, the hours will not carry over to the next cycle.
4. All Ether-Trace plans are recurring subscriptions that can be cancelled at any time.
5. Any agreement or attempted agreement between you and a virtual assistant (a "Virtual Assistant"), in connection with a service contract, requiring that payment be made outside of Ether-Trace shall constitute a material breach of this agreement and be subject to cancellation without refund.
6. The Services are available only to users who have reached the legal age of majority in their jurisdiction. The Services are not directed to and must not be accessed or otherwise used by individuals under the age of 18 or that are outside of the United Kingdom. By using the Services, you represent you meet the eligibility requirements contained herein. If you do not meet all requirements, although you are probably a wonderful human, you must not access or use the Services.

Access and Use Rights

1. Subject to the terms and limitations set forth in this Terms of Service, and provided that Ether-Trace has received timely payment of all fees owed under this Terms of Service, Ether-Trace hereby grants you a limited, non-transferable and non-sublicensable (except in connection with a permitted assignment of this Terms of Service), revocable (in connection with termination of this Terms of Service), worldwide license, during the term set forth in Section 10 (Term, Modifying and Termination of Services) of this Terms of Service, to use the Service, solely for your internal business purposes and solely in accordance with the terms of this Terms of Service. From time to time, upon Ether-Trace's reasonable written request, you shall certify in writing as to your compliance with this Terms of Service.
2. You shall (i) be solely responsible for the provision of the necessary resources, for Ether-Trace to provide its Services, (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Ether-Trace in writing promptly of any such unauthorized access or use, and (iii) use the Services only for your internal business, and not for service bureau use or time-sharing, nor to provide outsourcing, application service provider or similar services to third parties. You shall not (or permit any other person to) (A) sell, resell, license, rent or lease any of the Services, (B) use the Services to transmit infringing, libelous, or otherwise unlawful or tortious material, or to violate third-party privacy rights, (C) interfere with or disrupt the integrity or performance of any of the Services, or any third-party data contained therein, (D) charge a fee to any third party for use of the Services; (E) use the Services in a manner inconsistent with nor contemplated by this Terms of Service, or (F) reverse engineer, decompile, translate, adapt, or disassemble the Services, nor shall you attempt to recreate the source code from the object code for the Services. You also agree not to permit any third party acting on your behalf to do any of prohibited activities under this Section 2 (Access and Use Rights).
3. You agree to use the Services in accordance with applicable United Kingdom laws, and the applicable laws of the jurisdiction where the Services are used, including foreign trade control laws and regulations, copyright laws and other intellectual property laws. The Services may be subject to export and other foreign trade controls that restrict re-sale and/or transfers to other countries and parties.
4. You are prohibited from using the Services to create any change, translation, adaptation, arrangement, addition, modification, extension, upgrade, update, improvement, (including patentable improvements), new version, or other derivative work of or to Services.
5. You shall not (i) permit any third party to access any Services except as permitted herein, (ii) create derivative works based on the Services or merge it with any other products or services, (iii) copy, frame or mirror any part or content of the Services, (iv) reverse engineer the Services, or (v) access the Services or the intellectual property contained therein in order to (a) build a competitive product or service or for any benchmarking purposes, (b) copy any features, functions or graphics of the Services, or (c) use the Services other than as set forth in this Section 2 (Access and Use Rights).

Using our Services

1. You must follow any policies made available to you within the Services, including our privacy policy.
2. Don't misuse our Services. For example, don't interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.
3. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the "unsubscribe" link in marketing e-mails or texting "Stop" or "Do Not Send" in response to text messages. Please be aware that there may be a brief period before we are able to process your opt-out.
4. Some of our Services may be available on mobile devices or may utilize SMS/iMessage, which may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile or SMS/iMessage features (as applicable). When you send SMS/iMessage messages using the Services, you represent and warrant you have the recipient's prior consent to send him or her messages.

Your Ether-Trace Account

1. You may need an account in order to use the Services. If you create your own account, you agree that all registration information you give us will be accurate and current. If your account has been assigned to you by an administrator, such as your employer or educational institution, different or additional terms may apply and your administrator may be able to access or disable your account. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share your Services account or an Activated Device.
2. To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at info@ether-trace.com.

Payment

Privacy and Feedback

1. Our privacy policy explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any information or Content (as defined below in Section 8 (Ownership and Confidentiality of Work Product)) that you share with others via your use of the Services. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service. If you submit feedback or suggestions about our Services, you agree that we may use your feedback or suggestions without obligation to you.

Requests & Tasks

1. Each request (task) must be submitted by phone, email or SMS. Please send your requests individually; this means that each communication you have with your Virtual Assistant should contain one, defined, task. You're more than welcome to submit multiple tasks at one time, but we ask that you create a separate email for each. This ensures the fastest possible turn around for each task.
2. If you ever feel like your service could be better, you can contact us by telephone or email us at info@ether-trace.com. For a list of example tasks that we will and won't do, please consult our "What We Do" page. That should give you a good idea of what we're able to accomplish and what we simply cannot do. Agreeing to these Terms of Service means you understand and agree to keep your tasks within the scope of our business.

Ownership and Confidentiality of Work Product

1. If a Virtual Assistant creates anything original for you, such as research projects, reports, templates, spreadsheets, forms, etc. ("Work Product"), Ether-Trace grants to you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes.
2. To avoid doubt, you retain sole ownership of your Confidential Information (as defined below in subsection (c)) and your intellectual property and, to the extent your Confidential Information or intellectual property is incorporated into the Work Product, it will be removed prior to any use or disclosure by Ether-Trace to a third party.
3. As used in these Terms of Service, your "Confidential Information" means non-public information that you provide to Ether-Trace or a Virtual Assistant that you reasonably expect Ether-Trace to keep secret, including your personal information (e.g., your name, your social security number, your credit card information, and similar information), but does not include information that (i) becomes generally available to the public other than an unauthorized disclosure by Ether-Trace or a Virtual Assistant; (ii) was or becomes available to Ether-Trace or a Virtual Assistant on a non-confidential basis prior to your disclosure of the information to Ether-Trace or a Virtual Assistant; (iii) is independently developed by Ether-Trace or a Virtual Assistant without using your Confidential Information; or (iv) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect Ether-Trace's rights or property, or the rights or property of Virtual Assistants or our other clients.

Cancellations

1. If you leave us, we'll miss you dearly but we won't hold you back. Monthly memberships can be cancelled at any time, though we are unable to prorate membership cancellations or refund due to unused time. All cancellation requests will go into effect on your next monthly billing date. A minimum of 24 business hours prior to renewal is required. To cancel, please contact our Support Team: info@ether-trace.com and ask us to cancel your subscription.

Term, Modifying and Termination of Services

1. This Terms of Service shall begin when you begin using the Site and/or Services, and shall continue indefinitely unless terminated in accordance with the terms of this Terms of Service.
2. In darker news, we reserve the right to terminate the service of an Ether-Trace client at any time — for any reason. Should this occur, we will give you a prorated refund at the standard monthly rate for any period for which you have already paid. That means that rarely and under great duress we may end our relationship with a client for any number of reasons including but not limited to the following:

• If the client is constantly requesting tasks outside the scope of their service plan and we're unable to find a solution by scaling back the requests
• If the client is abusive to his/her assistant or any other Ether-Trace team member

3. We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, at any time, without any notice or liability.
4. Sections 10 – 19 will survive termination or expiration of these Terms of Service indefinitely.

Non-Solicitation

I acknowledge that Ether-Trace has made substantial investments in recruiting, training and matching skilled Virtual Assistants with each of its members including me, and that Ether-Trace has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that Ether-Trace has separate agreements with the Virtual Assistants that protect this interest by requiring that Virtual Assistants obtain Ether-Trace's prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with the Ether-Trace member to whom they were assigned. Accordingly, to the fullest extent permitted under applicable law, I agree that during my membership and for a period of twelve (12) months immediately following the termination of my relationship with Ether-Trace for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any Virtual Assistant who is assigned to me at that time or who was assigned to me within the six (6) months preceding termination of my relationship with Ether-Trace to leave his or her employment with Ether-Trace and to work for me in any engagement directly or indirectly.

Warranties and Disclaimers

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE SERVICES AND ANY WORK PRODUCT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES AND WORK PRODUCT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTY THAT THE SERVICES OR ANY WORK PRODUCT OR OTHER INFORMATION, WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANYONE WHO MAY BE BENEFITED OF THE SERVICES OR WORK PRODUCT, OR THAT THE SERVICES OR ANY WORK PRODUCT WILL BE UNINTERRUPTED, TIMELY, CURRENT, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, SHALL WE, OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE TERMS OF SERVICE OR YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES OR WORK PRODUCT, OR FOR ANY DIRECT DAMAGES ARISING FROM OR RELATED TO THE TERMS OF SERVICE, THE WORK PRODUCT, THE SERVICES, OR ANY SUBSCRIPTION EXCEEDING THE LESSER OF: (A) £100; AND (B) THE TOTAL AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE.

Indemnification

You agree to indemnify, defend, and hold harmless Ether-Trace, its Affiliates, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against any and all loss, expense, damage, cost, or liability (including, but not limited to, reasonable attorneys' fees) resulting from or relating to in any way to any claim, demand, action or proceeding or that arise out of or relates to the Terms of Service, the Services, or any Content you provide through the Services, including but not limited to in relation to: your use, non-use or misuse of or connection to the Services, and any Content or Work Product; (b) your breach or alleged breach of the Terms of Service; (c) your violation of any rights, including without limitation contractual or intellectual property rights, of us, a user or other third party; (d) your violation or alleged violation of any laws; or (e) your use or exploitation of the Services or any Work Product or other information obtained from or through the Services.

Business/Employer Uses of our Services

1. If you are using our Services on behalf of a business or employer, you are accepting these Terms of Service on their behalf, and that business or employer agrees to be bound by these Terms of Service.

Miscellaneous

1. Notices. By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change your e-mail address, as appropriate.
2. Governing Law. The laws of the United Kingdom, excluding the UK's conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Service or the Services.
3. Assignment. You may not assign or delegate your rights or obligations relating to these Terms of Service or your account for the Services without our prior written consent. We may assign these Terms of Service or assign or delegate any of our rights or obligations at any time.
4. Conflicts. If there is a conflict between these Terms of Service and any additional terms for a Service, the additional terms will control for that conflict.
5. No Third-Party Beneficiaries. These Terms of Service control the relationship between Ether-Trace and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms of Service, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
6. Contact Page. For information about how to contact Ether-Trace, please visit our contact page.
7. Severability. If any portion of the Terms of Service that is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms of Service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms of Service that is unlawful, void or unenforceable shall be stricken from the Terms of Service.
8. No Waiver. You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms of Service (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Any waiver of our rights or remedies, or of any breach of the Terms of Service, must be in writing and signed by us.
9. Entire Agreement. The Terms of Service, as amended, and the documents incorporated herein, constitute the sole and entire agreement between you and us regarding the Terms of Service and the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same.

Questions And How To Contact Us

If you have any questions, concerns, complaints or suggestions regarding our Terms of Service or otherwise need to contact us, please email us at info@ether-trace.com, call us at +44 772 347 3860 or contact us by UK postal mail at the following address: