Terms of Service
Terms of Service
Last updated: December 10, 2018.
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
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.
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 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.
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;
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
5. Right to Use Information
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.
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
9. Payments and Billing
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
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.
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.
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.
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.
a. EVERY has the right (though not the obligation) to, in EVERY’s sole discretion:
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 ” 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: ”
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
18. Governing Law
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:
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 email@example.com