This End User Access and License Agreement (“EUALA”), Terms of Service and Privacy Policy is an agreement between you and Etalia.ai and any one of its parent, subsidiary or affiliated companies ("Etalia.ai" or "We" or "us") to enable Etalia.ai to provide its services to a variety of customers (“Etalia.ai Services”) for the sale and purchase of admission media to a wide variety of events throughout the world via the Etalia.ai Services website (“Website”) and mobile applications (“Apps”). Unless otherwise noted, all references to Etalia.ai include the Website located at www.etalia.ai and the Apps. This EUALA sets forth the agreement (these “Terms”) between Etalia.ai and each user ("you" or "User"). These Terms govern your use of the Website and the Apps and the framework through which these services are provided (collectively, the "Services"). You should read these Terms carefully as they set out the basis on which we make the Services available. Etalia.ai’s Privacy Policy is also an integral part of these Terms and is integrated into them by reference. You confirm that you have consulted and accepted the terms of Etalia.ai’s Privacy Policy referred to in Section 14 of this EUALA. In addition, when using particular services or features, you agree to any posted guidelines or policies and/or other terms (including without limitation "Website rules") applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are incorporated by reference into these Terms. As a User, your use of any or all of the Services and content, indicates that you accept these Terms, our Privacy Policy and other applicable terms depending on the Service you use, including without limitation, the EUALA and other "Website rules" and that you agree to comply with them fully. If you do not agree with these, please do not continue to use our Services.

The Services are for your individual purposes only. As long as you comply with these Terms, Etalia.ai grants you a personal, non-exclusive, non-transferable, limited right during the term of these Terms to utilize the Services. You agree not to interrupt or attempt to interrupt the operation of the Services in any way. YOU ACCEPT ALL TERMS AND CONDITIONS SET OUT IN THIS EUALA. BY NOT MARKING THE “I ACCEPT” CHECKBOX, YOU REJECT Etalia.ai’S OFFER, IN WHICH CASE, YOU MAY NOT USE THE SERVICES. SECTION 3, BELOW, DISCUSSES DATA COLLECTED IN THE COURSE OF YOUR USE OF THE SERVICES. SECTION 16, BELOW, REQUIRES ALL DISPUTES THAT CANNOT BE INFORMALLY RESOLVED BETWEEN US TO BE SUBMITTED TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS. IF YOU DO NOT AGREE TO THESE OR ANY OTHER TERMS OF THIS EUALA, DO NOT USE THE SERVICES.

IF YOU DO USE THE SERVICES, EACH TIME YOU ACCESS THE SERVICES THROUGH THE WEBSITE OR APPS (INCLUDING AS THE MAY BE UPDATED, UPGRADED OR EXPANDED FROM TIME TO TIME IN Etalia.ai’S SOLE DISCRETION), YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS EUALA (INCLUDING ANY AMENDMENTS OR UPDATES THAT MAY HAVE BEEN MADE FROM TIME TO TIME).

1. Accounts

You must create an account with Etalia.ai (the “Account”). The terms and conditions applicable to your Account are set forth in this EUALA. You and Etalia.ai agree to the terms of this EULA upon your creation of an Account. If you do not have an Account, please create one via the Website or one of the Apps.

2. accuracy and use of your account data

You agree to supply true, accurate and complete personal information and keep it up to date (including in the event of a transfer of data from a pre-existing Account), in accordance with Etalia.ai’s requests in the registration process. You shall not claim to be any other person or entity and shall not represent your identify or an affiliation with any other person or entity in an inaccurate way, including by using the username, password or any other information relating to someone else’s Account or name, likeness, voice image or photograph of another person or by providing false information concerning a parent or legal guardian if the registration process asks you this information. You acknowledge and accept that Etalia.ai may take action to check the accuracy of the information you give, by sending the necessary authorization checks via email or texts. If you provide any information that is false, inaccurate, outdated or incomplete, or Etalia.ai has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Etalia.ai has the right to suspend or terminate your Account and prohibit any and all current or future use of the Services (or any portion thereof) by you. You also agree to inform Etalia.ai as quickly as possible at security@etalia.ai of any unauthorized use of your Account or of any other security violation involving the Services which come to your attention.

3. license

You acknowledge that the Website and the Apps are owned and/or validly licensed by Etalia.ai and that they are protected by laws governing copyright, trademark, intellectual property rights and all other property rights. Under the terms of this EUALA, and for purposes of utilizing the Website and the Apps, Etalia.ai grants you a personal, non-exclusive license to utilize the Website and the Apps for your personal use solely as set forth in this EUALA and the accompanying documentation. Your acquired rights are subject to your compliance with this EUALA. Any other use is expressly prohibited. The term of this EUALA and your license to use the Website and Apps shall commence on the date that you first use the Services, and shall terminate as set forth in Section 10. Unless expressly permitted by Etalia.ai in writing or as required by applicable law, you are expressly prohibited from reproducing, sub-licensing, broadcasting, modifying, adapting, renting, lending, leasing, distributing or otherwise making publicly available the Website or the Apps, or rights to use the Services.

4. Reservation of Rights and Restrictions

The Website and Apps are licensed, and not sold. You have purchased a license to use the Website and Apps and your rights are subject to this EUALA. Except as expressly licensed to you herein, Etalia.ai and its licensors reserve all right, title and interest in the Website and Apps which you use to utilize the Services, and all associated copyrights, trademarks, and other intellectual property rights therein. The license granted under this EUALA is limited to the intellectual property rights of Etalia.ai and its licensors in the Website, and Apps as necessary to use the Services as permitted under this EUALA, and does not include any rights to other patents or intellectual property. This EUALA does not grant any rights relating to any brands or services connected with the Website or Apps.

It is strictly prohibited to use the Services to connect with or utilize the Website or Apps on any servers that are not authorized by Etalia.ai ("grey shards" or the like). In addition, you may not emulate or operate such servers or assist any third party to do so.

It is also strictly prohibited to use any third-party software or any other device with a view to modifying the Website or Apps in any way, intercepting or scanning Website or Apps traffic or communications, changing the way the Website or Apps perform or performing in an abnormal manner or in a way that could impair the correct operation of the Website or the Apps. Such prohibited third party software or devices can include, but are not limited to, those in the nature of "addons", "hacks", "cheats", "trainers", "mods", or the like by any name. The authorizations granted to you in accordance with this EUALA may under no circumstances be used for the purpose of creating or supplying any opportunity for third parties to access the Website or Apps, including through server emulators or similar devices. To the fullest extent permitted by applicable law, you agree that Etalia.ai may scan your computer’s memory or hard disk drive to detect or locate any such unauthorized third party program or devices, with or without any prior notice to you at any time. Furthermore, you may not use the Website or Apps in a manner that would impose an unreasonable or disproportionate burden on the infrastructure of Etalia.ai.

5. No Rights Over Results of Use of Website or Apps

This EUALA grants you a limited license to use the Website and Apps. You have no rights to or in the Website, the Apps or their content other than what personal information you post.

You expressly acknowledge that all objects or attributes acquired and developed during the utilization of the Website or the Apps are an integral part of the Website and the Apps, respectively, and strictly remain the property of Etalia.ai and/or its licensors.

Where by applicable law you own certain copyrights over any content created by you by using the Website and/or the Apps (“Content”), you assign to Etalia.ai and/or its licensors all and any intellectual and industrial property rights in all and any such Content. Where such assignment is not possible, you grant to Etalia.ai and/or its licensors any and all comprehensive, exclusive, perpetual, worldwide and assignable rights, free-of-charge, to use all Content created by you by using the Website and/or the Apps immediately upon creation. These rights to use and/or utilize Content shall extend to all known forms of use and include without limitation the rights to copy, reproduce, change, adapt, modify, publicly display, distribute, process, translate the Content, the rights to license and sub-license the Content to third parties, and to market, whether by way of leasing, renting, or otherwise. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Etalia.ai and other users of such assets in connection with the Website, the Apps and related goods and services under applicable law. The license granted to Etalia.ai, and the above waiver of any applicable moral rights, survives any termination of this License.

You acknowledge and agree that you have, except as may be expressly permitted by Etalia.ai, no right to and may not sell, auction, give away, or in any way make available, whether free of charge or for a fee, any content (including any content generated by yourself or any other user), character/avatar, object, item or any component of the Website or Apps, to another person. All of the aforementioned actions, especially those performed via online auctions, forums or chat rooms, will therefore contravene the terms of this EUALA. Over and above the violation of the terms of this EUALA, which will entitle Etalia.ai to terminate this EUALA and your license to use the Website and/ or the Apps, you acknowledge that the unauthorized trading or other distribution of Website or Apps content is detrimental to Etalia.ai’s image and that of the Website and Apps, and Etalia.ai reserves the right to seek compensation from you to the fullest extent permissible by applicable law.

6. Rules of Conduct

You agree to use the Services only for lawful purposes, and that you are responsible for your use of, and communications on, the Services. More particularly, you undertake not to directly or indirectly:

• use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights including patent, trademark or copyrights, right to privacy or publicity and/or image rights and/or any other rights of others;
• create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in Etalia.ai's estimation, is unlawful, harmful, abusive, harassing, threatening, malicious, defamatory, libelous, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality; encourages criminal conduct or would give rise to civil liability, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable;
• create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, infringing others' intellectual property, piracy, hacking or circulation of counterfeit software);
• conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by Etalia.ai;
• access the Services by means other than those provided by Etalia.ai;
• harm minors in any way;
• solicit personal information or data from anyone under 18 years of age;
• maintain any link from another website to the Services without the prior written authorization of Etalia.ai;
• arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or any part of the Content by any means without Etalia.ai's express prior permission;
• modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, if any, or attempt to do any of the above;
• transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in or be involved in any way in an attack on Etalia.ai’s servers and/or the Services and/or those of its service providers and partners;
• create, use and/or circulate "auto" or "macro" computer programs or other cheat programs or software applications, and/or use the Services via a mirror site;
• "bot", "hack", ”mod”, “trainer”, or "crack", or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services, including the ones discussed within this Agreement;
• create or supply other means enabling use of the Services by other persons, for example server emulators;
• harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass e-mails, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
• use incorrect information, use another User's Account, assume another person's identity or present false credentials in order to disguise the origin of any content transmitted through the Services;
• use any means not expressly permitted by Etalia.ai to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User;
• attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account;
• make inappropriate use of the Website or Apps help services or other links or send untruthful reports to members of Etalia.ai's personnel;
• access, use, download from the Services or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services;
• refuse to obey the instructions of any Etalia.ai representative or any requirements, procedures, policies, or regulations of networks connected to the Services; and
• impersonate any person or entity, including, but not limited to a representative of Etalia.ai, or falsely state or otherwise misrepresent your affiliation with a person or entity.

7. Privacy and Consent to Use of Data (User Generated Content “UGC”)

Etalia.ai offers you the possibility of (i) creating UGC of either original content or, if applicable, materials and/or tools made available to you by Etalia.ai in certain Services, and (ii) publishing this UGC via the Services. If you create UGC, you undertake to comply with the clauses of these Terms at all times during and after the creation of this UGC. The Terms will continue to apply after any termination of your Account.

You understand that all UGC, whether you have publicly posted on a forum or privately transmitted to another User or to us, is your sole responsibility. Though the Services are designed to be a safe place to share such UGC, Etalia.ai cannot guaranty that other Users will not misuse the UGC that you share. If you have any UGC that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. UNDER NO CIRCUMSTANCES WILL Etalia.ai BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICES. Etalia.ai IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICES.

You declare that you accept the fact that UGC may be developed and created using tools and/or on the basis of materials belonging to Etalia.ai which are accessible through the Website or Apps. Any UGC created with the materials will be considered "User Modified Materials" as defined below and will be governed by this Agreement.

By accepting these Terms, you agree to transfer irrevocably to Etalia.ai, free of charge, all rights of use you may have over the User Modified Materials created by you, including but not limited to, rights over trademark, patent, commercial secrets, copyright, neighboring rights and rights of publicity therein, allowing Etalia.ai to benefit freely from them.

This transfer of rights is granted on a worldwide basis and for the period of protection of each User Modified Materials by applicable legislation. In the event that a court of competent jurisdiction rules that some of the rights concerning the User Modified Materials created by you cannot be validly transferred to Etalia.ai as described above, you hereby grant Etalia.ai, free of charge, permanently or for the whole legal period of protection, an irrevocable and transferable right of use, reproduction, representation, modification, display, distribution and in general, exploitation of this User Modified Materials, by any means, on all known or yet known purposes on a worldwide basis, without you being mentioned as the source of this User Modified Materials, given the technical or operational constraints.

8. Collection, Transfer and Use of Data

In addition to information that you give Etalia.ai directly, Etalia.ai collects non personally identifiable (or anonymous) information for purposes of improving our products and services, including the Website and Apps, providing the Services to you, and product support as well as communicating with you. The non-personally identifiable information that Etalia.ai collects includes technical and related information that identifies your computer or mobile device (including the Internet Protocol Address) and operating system, as well as information about your Website or App usage (including but not limited to successful installation and/or removal) and peripheral hardware. As noted above, this information is gathered periodically for purposes such as improving our products and services, troubleshooting bugs, providing the Services to you and otherwise enhancing your user experience.

Etalia.ai agrees that the use of any information or data collected, stored or used by it in relation to the Services by it or by or shared with any of its subsidiaries and/or affiliated companies will be stored and handled in accordance with Etalia.ai’s Privacy Policy in Section 14 of this EUALA. You can find more details at these locations about your choices as to correction of information, opting-out from communications from Etalia.ai, and the circumstances under which we may make disclosure of such information to third parties, including but not limited to, government authorities.

9. Anti-Cheat and Fraud Prevention Technologies

Etalia.ai strives to provide a safe and fair environment for all users of the Website and Apps. Accordingly, Etalia.ai employs anti-cheating and fraud prevention utilities to help prevent behaviors that can otherwise negatively affect a user’s experience.

In particular, when running, the Website or Apps may access information from your computer’s or mobile device’s random access memory (RAM) and/or CPU processors regarding unauthorized third party programs running concurrently with the Website or App. An "Unauthorized third party program" as used herein shall be defined as any third party software that, when used simultaneously or in connection with the Website or App, would constitute a violation of this Agreement. In the event that the Website or App detects an unauthorized third party program, Etalia.ai may: (a) communicate information back to User, including without limitation, account name, details about the unauthorized third party program detected, and the time and date the unauthorized third party program detected; and/or (b) exercise any and all rights under any Etalia.ai agreement, with or without notice to you. Etalia.ai may also employ fraud-prevention utilities which collect non-personally identifiable information about your computer or mobile device when you create an account, and log into the Website or App.

All data collected, used, stored and transmitted by Etalia.ai is done in accordance with Etalia.ai’s Privacy Policy in Section 14 of this EUALA. For more information about Etalia.ai’s anti-cheat and fraud prevention technology as well as its fraud prevention partner(s), please review Etalia.ai’s Privacy Policy, which is incorporated herein by reference. To the extent that anything in this section conflicts with the terms of Etalia.ai’s Privacy Policy, the terms of the Privacy Policy shall control.

10. Termination

Etalia.ai may terminate this EUALA immediately without prior notice if you fail to comply or otherwise violate the terms of this EUALA or any other applicable agreement, infringe the intellectual property rights of any third party, or manifestly endanger public order or good moral standards as determined by us in our sole discretion, or if Etalia.ai is unable to verify or authenticate any information about you that you supply during your use of the Website or Apps. We may also decide to terminate this EUALA in the event that we terminate the operation of the Website and/ or Apps.

You may terminate this EUALA at any time by ceasing to use the Website and or Apps, and informing Etalia.ai in writing or by such means as may be implemented for such purposes by Etalia.ai. Upon termination of this EUALA, any and all of the rights granted to you hereunder shall automatically terminate.

Promptly upon termination, you must cease all use of the Website and the Apps. You acknowledge and agree that the termination of this EUALA or permanent deletion of the use of the Website and the Apps may render your Account and any in-Website or App attributes or content unusable, for which you will not hold Etalia.ai in any way responsible.

Termination will not limit any of Etalia.ai’s other rights or remedies at law or in equity. Sections 6 through 18 of this EUALA shall survive termination or expiration of this EUALA for any reason.

11. Warranties

No Warranty on Software Operation or Website; Force Majeure.

You acknowledge that, owing to the complexity of computer technology, as well as the nature of online Websites and Apps themselves and utilization over a global communications network outside Etalia.ai’s control, Etalia.ai and its licensors cannot and do not guarantee that the Website, the Apps and any updates, upgrades or expansions of the Website or the Apps will run permanently or uninterrupted on your computer or mobile device. Etalia.ai and its licensors are not liable for delays, system failures, system outages or difficulties, especially of a technical nature, that are due to legal restrictions or other circumstances beyond its control, including but not limited to third party criminal activity. Etalia.ai also does not guarantee that the versions of the Website and Apps covered by this Agreement will be usable in all geographic locations and/or at all times of the day and/or night.

Limited Remedy for Defects

In the event that there is any defect in the Website or the Apps, your sole remedy is a future functioning Website and/ or App. You may also have additional rights under applicable local law, which varies by jurisdiction.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE WEBSITE, THE APPS AND ALL OTHER SERVICES PROVIDED BY Etalia.ai ARE PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. Etalia.ai AND Etalia.ai’S LICENSORS (COLLECTIVELY Etalia.ai FOR PURPOSES OF THIS SECTION) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Etalia.ai AND ITS LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE WEBSITE OR THE APPS; THAT THE WEBSITE OR THE APPS WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE WEBSITE OR THE APPS WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT THE WEBSITE OR THE APPS WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE WESITE OR APPS WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY Etalia.ai, ITS LICENSORS, OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Etalia.ai OR ITS LICENSORS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION RELATED TO THE EUALA, THE WEBSITE OR THE APPS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT Etalia.ai OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Etalia.ai AND ITS LICENSORS SHALL ALSO NOT BE LIABILE FOR ANY DELAYS, SYSTEM FAILURES OR SYSTEM OUTAGES WHICH MAY, FROM TIME TO TIME, AFFECT ONLINE WEBSITE OR APP USAGE OR ACCESS THERETO.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

IN NO EVENT SHALL Etalia.ai’S OR ITS LICENSORS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE USE OF THE SERVICES.

12. Indemnification

BY USING THE WEBSITE AND/ OR THE APPS, YOU HEREBY AGREE TO INDEMNIFY AND HOLD Etalia.ai, ITS LICENSORS, AND EACH OF THEIR EMPLOYEES, PARTNERS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS AND AGENTS, HARMLESS AGAINST ANY CLAIM, LIABLITY, LOSS, INJURY DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY Etalia.ai AND/OR ITS LICENSORS ARISING OUT OF OR FROM YOUR USE OF THE WEBSITE OR THE APPS.

13. Modification

Etalia.ai reserves the right to change, modify, add or delete any clause of this EUALA and other notices contained within these terms at any time, temporarily or permanently and entirely at its own discretion.

14. Privacy Policy

Please see the Privacy Policy incorporated herein by this reference located at Etalia.ai Privacy Policy.

15. Notice to California Residents

Pursuant to Cal. Civil Code § 1789.3, please note that (a) Etalia.ai is located at 7380 San Lake Road, Suite 500, Orlando, Florida 32819 (b) The fees and charges for the Services vary depending on the services selected by you, and (c) If you have a complaint regarding the Services or desire further information on use of the Services, email: info@etalia.ai.

16. Dispute Resolution

The Services are controlled and operated by Etalia.ai from within the United States of America, and are intended for use only by residents of the United States. Etalia.ai makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

You and Etalia.ai shall first attempt to resolve any dispute informally for at least 45 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one party. All Notices of Dispute must contain (a) the name and contact information of the complaining party; (b) a description of the nature or basis of the claim/dispute; (c) the type of relief sought. Please direct your Notice of Dispute to: Etalia.ai Attn: Legal Department 1025 Wentworth Ct. Longwood, Florida 32750

All disputes, claims or controversies arising out of or relating to this EUALA, shall be determined exclusively by binding arbitration. A party electing arbitration shall initiate it through an established dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; b) any in person arbitration will be in Orange County, Florida.

17. Miscellaneous

17.1 Compliance with Law.

You must respect all applicable laws regarding the use of the Website and the Apps. Etalia.ai makes no representation that content contained in the Services are appropriate or available for use in jurisdictions outside of the United States or that the terms of this EUALA comply with the laws of any country outside of the United States. Users who use the Services and reside outside of the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you and not Etalia.ai, are responsible for compliance with applicable laws.

17.2 Injunctive Relief.

You agree that a breach of this EUALA may cause irreparable injury to Etalia.ai and/or its licensors for which monetary damages would not be an adequate remedy and Etalia.ai and/or its licensors shall in such event be entitled to seek equitable relief in addition to any other remedies they may have hereunder or at law.

17.3 Governing Law.

The laws of the State of Florida, excluding its conflicts-of-law rules, govern this License and/or your use of the Websites or Apps. For any dispute not subject to the Arbitration provisions of Section 16, above, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Website or Apps shall be the federal or state courts that cover Orange County, Florida, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.

17.4 Third Party Beneficiaries.

Notwithstanding anything in this EUALA to the contrary, you hereby acknowledge that Etalia.ai’s licensors are third-party beneficiaries of this EUALA and have the right to bring an action directly against you for a breach of this EUALA to the extent required to enforce their respective rights in and to the Website or the Apps.

17.5 Entire Agreement.

Except as specifically set forth in this EUALA, this EUALA constitutes the entire agreement between you and Etalia.ai with respect to the Services and supersedes all prior or contemporaneous understandings, either express or implicit, regarding such subject matter. No amendment to or modification of this EUALA will be binding unless published by Etalia.ai on the Website or Apps, or made in writing and signed by Etalia.ai. None of Etalia.ai’s distributors, agents, or any of their respective employees are authorized to make modifications or additions to this EUALA.

17.6 Severability and Survival.

If any provision of this EUALA is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this EUALA shall continue in full force and effect.

17.7 No Waiver.

No failure to exercise, nor a delay in exercising, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this EUALA and any applicable purchase or other terms, the terms of this EUALA shall govern the relationship between you and Etalia.ai.

18. Web Hosting Services

Web hosting services are provided by, and the corresponding Terms of Use and Privacy Policy are located at: Heroku/Amazon Web Services. Last Updated: April 03, 2023