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Terms of Service

The terms and conditions governing your use of Everything Stack and related services provided by Toeverything Inc.

Effective Date: January 15, 2025 — Last Updated: March 8, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Toeverything Inc., a California Stock Corporation ("Toeverything," "we," "us," or "our"), governing your access to and use of the Everything Stack platform, website at everythingstack.com, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1. Use of the Service

1.1 Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Service. The Service is designed for business and enterprise use. By using the Service, you represent that you meet these eligibility requirements.

1.2 Account Registration

To access certain features of the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

1.3 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

  • Use the Service in violation of any applicable law, regulation, or third-party rights
  • Attempt to gain unauthorized access to the Service, other accounts, or any related systems or networks
  • Use the Service to transmit malware, viruses, or other harmful code
  • Interfere with or disrupt the integrity or performance of the Service
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
  • Use the Service to develop a competing product or service
  • Resell, sublicense, or redistribute the Service without our prior written consent
  • Use the Service to store or transmit content that is illegal, harmful, threatening, abusive, or otherwise objectionable
  • Remove, alter, or obscure any proprietary notices or labels on the Service

2. Intellectual Property

2.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, interfaces, and other content, is owned by Toeverything Inc. and is protected by intellectual property laws. These Terms do not grant you any ownership rights in the Service. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

2.2 Your Content

You retain all rights to the content, data, and materials you upload, create, or transmit through the Service ("Customer Data"). You grant us a limited license to use Customer Data solely as necessary to provide and improve the Service. We do not claim ownership of your Customer Data.

2.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

3. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. For enterprise customers with self-hosted deployments, data handling may be further governed by a separate Data Processing Agreement (DPA).

4. Service Availability and Support

4.1 Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our control. We will make reasonable efforts to notify you in advance of planned downtime.

4.2 Support

Support terms, response times, and service level agreements (SLAs) are defined in your applicable subscription plan or enterprise agreement. General inquiries may be directed to hello@everythingstack.com.

5. Fees and Payment

Certain features of the Service may require payment of fees. All fees are as set forth in your applicable order form or subscription agreement. Unless otherwise specified:

  • Fees are quoted in U.S. dollars and are exclusive of taxes
  • Fees are non-refundable except as expressly stated in your agreement
  • We may modify pricing with at least 30 days' prior written notice
  • Late payments may accrue interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower

6. Confidentiality

Each party agrees to protect the other party's confidential information with the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

7. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TOEVERYTHING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • IN NO EVENT SHALL TOEVERYTHING INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE
  • TOEVERYTHING'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO TOEVERYTHING DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100)
  • THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF TOEVERYTHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

9. Indemnification

You agree to indemnify, defend, and hold harmless Toeverything Inc. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) your Customer Data.

10. Termination

10.1 Termination by You

You may terminate your account and stop using the Service at any time by contacting us at hello@everythingstack.com. Termination does not relieve you of any obligation to pay fees incurred prior to termination.

10.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe that: (a) you have violated these Terms; (b) your use of the Service poses a security risk; (c) your account has been inactive for an extended period; or (d) continued provision of the Service is no longer commercially viable.

10.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We will make reasonable efforts to allow you to export your Customer Data for a period of 30 days following termination. After this period, we may delete your Customer Data in accordance with our data retention policies. Sections that by their nature should survive termination will survive, including but not limited to intellectual property, warranty disclaimer, limitation of liability, and indemnification.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration administered by JAMS in San Francisco, California, in accordance with its Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator, and the arbitrator's decision shall be final and binding.

11.3 Jurisdiction

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

12. General Provisions

12.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable order forms or enterprise agreements, constitute the entire agreement between you and Toeverything Inc. with respect to the Service and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

12.3 Waiver

The failure of Toeverything to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

12.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, war, terrorism, labor disputes, or internet service disruptions.

12.6 Notices

Notices to Toeverything Inc. should be sent to hello@everythingstack.com. We may provide notices to you via email to the address associated with your account or through the Service.

13. Contact Us

If you have any questions about these Terms of Service, please contact us:

  • Company: Toeverything Inc.
  • Email: hello@everythingstack.com
  • Website: everythingstack.com
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