Terms of Service

Brand Terms

Token Sale Terms

 

Terms of Service

 

EVERY, Inc.

 

EVERY, Inc. and www.every.fyi and all other derivatives of the EVERY domain are owned and operated by EVERY, Inc. (“EVERY, Inc.”, “EVERY”,  “we”, or “us”). This web page describes the terms and conditions governing your (“you”, “You”, “Your”) use of the EVERY services (the “EVERY Services” or simply, the “Services”) and this website (the “Site”). By accessing the Site or any EVERY Service, you signify that you have read, understood, and agree to be bound by these terms (“Terms of Use”). These Terms of Use represent a legal agreement between you and EVERY Corp.

 

Failure to abide by these Terms of Use may result in the termination of your access to the Site and/or the EVERY Services. We may periodically post changes to these Terms and Conditions on the Site, and it is your responsibility to review these Terms and Conditions frequently and we encourage you to visit this Site often. When required by law, we will notify you of any changes to these Terms and Conditions.

 

Last updated: December 10, 2018.

 

1. License

a. EVERY grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to access and use  the EVERY Services for personal or business purposes.

b. YOU MAY NOT ACCESS THE EVERY SERVICES IF YOU ARE A COMPETITOR OF EVERY, EXCEPT WITH PRIOR WRITTEN CONSENT FROM EVERY. IN ADDITION, YOU MAY NOT ACCESS EVERY SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

 

2. API Key

a. Provided you complete the registration process specified by EVERY, EVERY will provide you with an API Access Key that will enable you to access the EVERY Services. Your use of this API Access Key is governed by these Terms of Use. Your API Access Key should be considered private information and should not be provided to or shared with any other person.

The developer API key gives a qualified access to the REST API to contribute data and withdraw data that is permissioned by b. brands and shoppers.

 

3. Attribution

a. When using EVERY Services, or content generated via the EVERY Services, for any purpose, you agree to meet or exceed the following requirements (the “Attribution Requirements”):

i. Display the EVERY Logo within your website or application solely for the limited purpose of and as necessary to ensure a reasonable user would understand that our website or application incorporates or use the EVERY Services or content generated via the EVERY Services unless given explicit permission by EVERY to omit said logo;

ii. Provide a clickable hyperlink to www.every.fyi with the text “Powered by EVERY” within your website or application as necessary to ensure a reasonable user would understand that your website or application incorporates or uses the EVERY Services or content generated via the EVERY Services unless given explicit permission by EVERY to omit said text;

iii. Provide attribution to EVERY within any published works that are based on or mention EVERY, or content generated by EVERY, including but not limited to research papers and journal articles; and

iv. Provide attribution to EVERY within all web pages or documents where EVERY content and/or API results are used or displayed unless given explicit permission by EVERY to omit said attribution.

b. You must satisfy the foregoing Attribution Requirements in such a way that a reasonable user of your website or application is made explicitly aware that such website or application was developed using the EVERY services or incorporates content generated via the EVERY Services.

 

4. Restrictions

a. You agree that you will not:

i. Access or reverse engineer any or all EVERY Services in order to:

1. Build a competitive product or service;

2. Build a product using similar ideas, features, or functions of the EVERY Services; or

3. Copy any ideas, features or functions of the EVERY Services

ii. Publish or perform any benchmark or performance tests or analysis relating to the EVERY Services or the use thereof without explicit authorization from EVERY;

iii. Utilize the information provided by or received from EVERY to create a service similar to the EVERY Services or competitive with EVERY;

iv. Use the EVERY Services to reproduce copyrighted material for which you do not hold all necessary rights, licenses or other necessary permissions;

v. Make the EVERY Services available over a network (other than an EVERY-owned or controlled network) where it could be used by others unless otherwise agreed to by EVERY in writing;

vi. Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the EVERY Services, features or ideas from the EVEYR Services, or any portion of them;

vii. Sell, rent, lease, transfer, or sublicense any of the EVERY Services, unless otherwise agreed to by EVERY in writing;

viii. Utilize or enable a third party to utilize the EVERY Services or Site via any means that bypass these Terms of Use or the EVERY API Key registration process, including but not limited to: proxy servers, spiders, scraping robots, or other technology, unless otherwise agreed to by EVERY in writing;

ix. Distribute, facilitate, or enable access to EVERY Services in any manner deemed by EVERY in its sole discretion to be objectionable or harmful to the business or reputation of EVERY;

x. Use the EVERY Services in conjunction with deep packet inspection and/or any from of network surveillance technology; or

xi. Use the EVERY Services in any way that violates the terms of these Terms of Use.

 

5. Right to Use Information

a. You acknowledge that the functionality of the Services allows EVERY to extract and retain your and your end users’ information (“Information”) and that such information may include, but is not limited to, personally identifiable information such as a user’s name, e-mail address, and purchase/sale history. You represent and warrant to EVERY that it has the right, and at all times during the term of these Terms of Use will have the right, to allow EVERY to obtain and use information as set forth in these Terms of Use. Further, EVERY shall have the right to use, at its sole discretion, all Information including, but not limited to, to prepare databases and reports and use by incorporation of such information into computer programs and documentation for assignment, license, or other transfer to third parties. For clarity, the restrictions set forth in these Terms of Use shall not preclude EVERY from entering into a transfer or sale of all or substantially all of its business, or participate in a merger, consolidation, change in control or similar transaction

b. EVERY’s collection and use of information is more fully set forth in Section 11

 

6. Security Obligations

a. We cannot guarantee the security of applications built by you or our users that incorporate, in part of in full, the EVERY Services. We reserve the right to terminate a user without notice if we suspect that they are at risk of a security breach. While we cannot ensure that our users follow all the necessary security protocols, we strongly recommend that you adhere to the following minimum security protocols:

i. Use of PCI compliant servers

ii. Use of HTTPS for specified API requests (non-HTTPS requests are currently disabled for those requests)

iii. Encryption of your client ID and secret in all storage and communication

b. It is your responsibility to maintain the security of your account information, including your API Key

c. You must notify us immediately of any breach of security or unauthorized use of your API Key and/or account.

d. You may never publish, distribute, or share your API Key.

 

7. Prohibited Uses – Platform Providers

a. You are responsible for all of your (and your end users’) activity in connection with the Services. You shall not (and shall not permit any other party to) either (a) take any action or (b) upload, download, post, submit, or otherwise distribute or facilitate distribution of any content on or through the Services, that:

i. Infringes any patent, trademark, trade secret, copyright, right of publicity, or other rights of any other person or entity or violates any law or contractual duty;

ii. It is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;

iii. Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or

iv. Impersonates any person or entity including any of our employees or representatives.

b. The Services may only be used by your to interact directly with your end-users. You will not resell or otherwise distribute the Services.

c. In accepting these Terms of Use, you agree to use the Services for the purposes for which it is provided by us and not for competitive evaluation, spying, copying, or other nefarious purposes.

d. You shall not (directly or indirectly):

i. Decipher, decompile, disassemble, reverse engineer or otherwise attempt top derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation and application), except to the limited extent applicable laws specifically prohibit such restriction,

ii. Modify translate, or otherwise create derivative works of any part of the Services, or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

e. You shall abide by abide by all applicable local, state, national and international laws, and regulations.

f. You shall not:

i. Take any action that imposes or may impose (as determined by us in our sole distraction) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;

ii. Interfere or attempt to interfere with the proper working of the Services of any activities conducted on the Services;

iii. Bypass, circumvent or attempt top bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);

iv. Run any form of auto-responder or “spam” on the Services;

v. Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;

vi. Harvest or scrape any content from the Services; or

vii. Otherwise, take any action in violation of our guidelines and policies.

 

8. Privacy and End User Data – Platform Providers

a. Your product must maintain a clear and conspicuous link in its privacy policy to EVERY’s Privacy Policy. Such link must include a clear and conspicuous statement that each end user acknowledges and agrees that information will be treated in accordance with such policy. You will ensure that each end user is put on notice of, and agrees to, such policy prior to engaging with your product in a manner that uses the Services. In addition, your product’s end user agreement must include an express authorization by the end user explicitly granting EVERY the right, power, and authority to (acting on behalf of such end user) access and transmit the End User Data as reasonably necessary for EVERY to provide the Services to such end user. All the foregoing must be done in a form and manner that is acceptable to EVERY. You will immediately make any changes requested by us.

 

9. Payments and Billing

a. Certain aspects of the services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a paid service are deemed part of these Terms of Use.

b. We may use a third-party payment processor to bill you through a payment account linked to your account on EVERY (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to these Terms of Use. We are not responsible for error by the payment processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the payment processor, to charge your payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

c. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other providers of your Payment Method. If we, through the payment processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

 

10. Limited Relationship

Nothing in these Terms of Use shall be construed as creating an independent contractor relationship, employer-employee relationship, a partnership, or a joint venture. Such agreements and ventures are handled outside of these Terms of Use.

While you may publicly refer to the fact that you have implemented the EVERY Services, you agree not to make any other public statements that assert of imply any other relationship with EVERY, unless you have EVERY’s prior written approval.

 

11. Privacy Policy

a. Unless otherwise addressed in these Terms of Use, the EVERY Services are subject to EVERY’s Privacy Policy, that can be found at www.every.fyi/copy-of-terms , and that by reference is made a part of these Terms of Use. It is important that you read and understand the terms of EVERY’s Privacy Policy.

b. EVERY may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the EVERY Services.

 

12. Indemnification

a. You agree to hold harmless and indemnify EVERY, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the EVERY Services, use of EVERY’s logo, brand, Site, and links other than as set forth in the Attribution Requirements described above.

b. Violation of these Terms of Use or other actions connected with the use of EVERY Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, EVERY will provide you with written notice of such claim, suit or action.

 

13. Warranties

a. THIS SITE, THE MATERIALS, DATA, AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE EVERY SERVICES, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

 

14. Liability Limitations

a. IN NO EVENT SHALL EVERY, ITS OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, MERCHANTS OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE EVERY SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

b. During and after the term of these Terms of Use, with respect to any of the EVERY Services that you elect to use, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), licensors, sublicensees or transferees, any patent infringement or other intellectual property infringement claim with respect to the EVERY Services.

 

15. Termination

a. EVERY has the right (though not the obligation) to, in EVERY’s sole discretion:

Refuse to provide the EVERY Services to you, if it is in EVERY’s reasonable opinion violates these Terms of Use or is in any way harmful or objectionable, or;

Immediately terminate or deny access to and use the Site or the EVERY Services to any individual or entity for any reason, at EVERY’s sole discretion.

 

16. DMCA Notices

a. If you believe that you own copyrighted work is accessible via the Services in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”); 17 U.S.C. § 512(c)(3) that contains substantially the following information (a “Notification”):

i. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, “The copyrighted work is my content that appears at www.every.fyi/exampleitem.” If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.

ii. Identify the URL or other specific location of the EVERY Services that contains the material that you claim infringes your copyright described in section 16.1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, “The content at the following URL infringes on my copyright: www.every.fyi/example.

iii. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf

iv. Include 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.

v. Include a statement by you that the information contained in your Notification is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

vi. Include your name, mailing address, telephone number and email.

 

17. Force Majeure

a. EVERY shall not be in default of any obligation under these Terms of Use if the failure to perform the obligation is due to any event beyond EVERY’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude of type for which precautions are not generally taken in the industry.

 

18. Governing Law

a. By using the Services, you agree that the laws of the State of Washington, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in Seattle, Washington. The parties expressly exclude application of the United Nations Convention for the International Sale of Goods to these Terms of Use.

 

19. EVERY Site Data Privacy and Sharing

a. EVERY has implemented and uses Display Advertising using Remarketing through Google Analytics. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Ads Preference Manager. You can also install a Google Analytics opt-out browser add-on: https://tools.google.com/dlpage/gaoptout.

b. EVERY uses Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, show EVERY ads on sites across the Internet. EVERY and third-party vendors, including Google, use first-party cookies *such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to your website.

 

20. EVERY Wallet Signup Offer for New EVERY Accounts

a. All offers are limited to stock on hand; no rain checks are available. Not valid on prior purchases, gift cards, gift certificates, taxes or shipping and processing charges. Consumer must pay applicable sales tax. Offer may not be combined with any other sale, promotion, discount, code, coupon, and/or offer. Promotions have no cash value. Offers cannot be sold or otherwise bartered. Void where prohibited, taxed or otherwise restricted. Returns of any portion of the purchase will require equal forfeiture of offer or amount equal to offer. EVERY, Inc. has the right to end or modify any promotion at any time. Other restrictions may apply. Offers only apply to the United States unless otherwise notes.

 

If you have questions or concerns regarding these Terms and Conditions, or if you have a complaint, you should email us at info@every.fyi

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Copyright © 2018 EVERY Inc. All rights reserved.

 

*Consistent with SEC rules and guidance, the EVERY Token should not be purchased with any expectation of profits.

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