Terms of Service

Last updated January 20, 2025

Introduction

Welcome to Einie LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website located at www.einie.com ("Website") and any related services ("Services") provided by us. By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our Services.

Table of Contents

  1. Definitions
  2. Acceptance of Terms
  3. Use of Services
  4. User Responsibilities
  5. Prohibited Activities
  6. Intellectual Property
  7. 7. Termination
  8. Disclaimers
  9. 9. Limitation of Liability
  10. Indemnification
  11. Governing Law
  12. Changes to Terms
  13. Contact Information

Definitions

“Services” refers to the products and services provided by Einie LLC through our Website.

“User” or “you” refers to any individual or entity that accesses or uses our Services.

“Content” refers to any text, images, videos, or other material that you upload, post, or otherwise transmit through our Services.

“Account” refers to the personal account you create to access our Services.

Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you are prohibited from using or accessing our Services.

Use of Services

You are granted a non-exclusive, non-transferable, revocable license to use our Services in accordance with these Terms. You agree not to:

  • Use the Services for any unlawful purpose.
  • Attempt to gain unauthorized access to the Services or related systems.
  • Interfere with the proper functioning of the Services.
  • Use any automated means to access the Services without our explicit permission.

User Responsibilities

As a User of our Services, you agree to:

  • Provide accurate and complete information when creating an Account.
  • Maintain the confidentiality of your Account credentials.
  • Notify us immediately of any unauthorized use of your Account.
  • Ensure that all Content you provide is lawful and does not infringe on the rights of others.

Prohibited Activities

Users are prohibited from engaging in the following activities:

  • Distributing malware or malicious code through the Services.
  • Harassing, threatening, or defaming other Users or third parties.
  • Engaging in fraudulent activities or misrepresenting your identity.
  • Collecting or harvesting personal information of other Users without consent.
  • Using the Services to conduct spamming or unsolicited marketing.

Intellectual Property

Ownership: All content, features, and functionality on our Services, including but not limited to text, graphics, logos, images, as well as the underlying software, are the exclusive property of Einie LLC or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use, subject to these Terms. You agree not to:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, software, products, or services obtained from our Services.
  • Use any automated means to access our Services for any purpose without our express written permission.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of any software used to provide our Services.

Termination

We reserve the right to terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will cease immediately. If you wish to terminate your account, you may simply discontinue using the Services.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimers

As Is: Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. We do not make any warranties, express or implied, regarding the availability, accuracy, reliability, or suitability of the Services.

No Warranty: To the fullest extent permitted by applicable law, Einie LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Fitness for Purpose: We do not warrant that the Services will meet your requirements or that the operation of the Services will be uninterrupted or error-free.

Limitation of Liability

No Liability: To the fullest extent permitted by applicable law, Einie LLC, its affiliates, directors, employees, agents, licensors, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Services;
  • Any conduct or content of any third party on the Services;
  • Any content obtained from the Services;
  • Unauthorized access, use, or alteration of your transmissions or content.

In no event shall Einie LLC’s aggregate liability for all claims related to the Services exceed the amount you have paid us in the past twelve (12) months, if any.

Limitation of Liability

To the fullest extent permitted by law, Einie LLC and its affiliates, officers, directors, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with:

  • Your access to, use of, or inability to access or use the Services;
  • Any conduct or content of any third party on the Services;
  • Unauthorized access, use, or alteration of your transmissions or content;
  • Errors, defects, delays, interruptions, or failures in the operation of the Services.

In no event shall Einie LLC’s total liability exceed the amount you have paid, if any, for accessing or using the Services during the twelve (12) months preceding the incident that gave rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Einie LLC, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use or misuse of the Services;
  • Your violation of these Terms;
  • Your violation of any applicable laws, regulations, or third-party rights;
  • Your breach of any representations or warranties made under these Terms.

Einie LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in such defense.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the state or federal courts located in Boston, Massachusetts, and you consent to the personal jurisdiction of such courts.

Changes to Terms

Einie LLC reserves the right to modify, amend, or update these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting the updated Terms to the Services, and the "Last Updated" date at the top of this document will reflect the date of such changes.

Your continued use of the Services after any such changes constitutes your acceptance of the updated Terms. If you do not agree to any revised Terms, you must discontinue using the Services immediately.

Contact Information

If you have any questions, concerns, or comments about these Terms, you may contact us using the information below:

Einie LLC
44 Prince St
Apt 210
Boston, MA 02113
United States
Email: [email protected]