These Terms of Service ("Terms") govern your access to and use of the websites, applications, and related services provided by Esoterra Global LLC ("Esoterra Global," "we," "us," or "our") (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1) Eligibility and Accounts
- You must be legally able to form a binding contract to use the Services.
- You are responsible for maintaining the confidentiality of your credentials and for all activities on your account.
- You agree to provide accurate information and keep it updated.
2) Acceptable Use
You agree not to, and not to help others to:
- Use the Services in violation of any law or regulation.
- Send spam, unsolicited, deceptive, or fraudulent communications.
- Interfere with or disrupt the Services, including probing, scanning, or testing vulnerabilities without authorization.
- Attempt to access accounts, systems, or data you do not have permission to access.
- Upload malware, or use the Services to distribute harmful code.
- Infringe intellectual property rights or privacy rights of others.
- Use automated means to access the Services except as expressly permitted by us in writing.
3) Your Content and License to Operate
You may submit, upload, transmit, or store content through the Services ("User Content"). You retain ownership of your User Content, subject to the rights granted in these Terms.
You grant Esoterra Global a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use User Content to provide, maintain, secure, and improve the Services and to perform our obligations. This license includes the right to use third party service providers (such as hosting and communications vendors) to deliver the Services.
You represent and warrant that you have all rights necessary to provide User Content and to grant the above license.
4) Feedback
If you provide suggestions or feedback, you grant us the right to use it without restriction or compensation.
5) Third Party Services and Links
The Services may integrate with or link to third party services. We do not control those third parties and are not responsible for their content, policies, or practices. Your use of third party services may be governed by their terms.
6) Service Changes, Availability, and Support
We may modify, suspend, or discontinue any part of the Services at any time. We do not guarantee uninterrupted availability. Maintenance and outages may occur.
7) Fees (If Applicable)
If any portion of the Services is paid, you agree to pay fees and applicable taxes. We may change pricing with notice as required by law or agreement.
8) Termination
We may suspend or terminate access to the Services at any time if we reasonably believe you violated these Terms, pose a security risk, or for other legitimate business reasons. You may stop using the Services at any time. Sections that by their nature should survive will survive termination (including IP, disclaimers, limitations, indemnity, and dispute terms).
9) Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESOTERRA GLOBAL AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU PAID TO ESOTERRA GLOBAL FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
11) Indemnification
You agree to defend, indemnify, and hold harmless Esoterra Global from and against claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising from your use of the Services, your User Content, or your violation of these Terms.
12) Dispute Resolution, Arbitration, and Class Action Waiver
Please read this section carefully. To the maximum extent permitted by law, you and Esoterra Global agree to resolve disputes through binding arbitration rather than in court, except that either party may seek injunctive relief in court for misuse of intellectual property, unauthorized access, or security breaches.
Class action waiver: You and Esoterra Global agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
Arbitration will be conducted in Harris County Texas, under rules of an established arbitration provider (for example, AAA) unless the parties agree otherwise. The arbitrator may award relief only in favor of the individual party.
13) Governing Law and Venue
These Terms are governed by the laws of the State of TEXAS, without regard to conflict of laws principles. If a dispute is permitted to proceed in court, exclusive venue will be in state or federal courts located in Harris County Texas, and you consent to personal jurisdiction there.
14) Changes to These Terms
We may update these Terms from time to time. The "Last Updated" date will reflect changes. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
15) Contact
Esoterra Global LLC
Address: 1003 Forest Home Drive Houston Texas 77077
Email: [email protected]