Terms of Service

1. Acceptance of Terms

By accessing or using the website located at https://www.etymstays.autos (the Website) or by engaging ETYM STAYS LLC (Etym Stays, we, us, or our) for any computer systems design and related services, you agree to be bound by these Terms of Service (Terms). If you do not agree to all of these Terms, you must not access or use the Website or engage our services. These Terms constitute a legally binding agreement between you and Etym Stays. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Website or our services following any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.

2. Definitions

For the purposes of these Terms, the following definitions apply. Client or You refers to any individual or entity that accesses the Website or engages our services. Services refers to all computer systems design and related services offered by Etym Stays including but not limited to systems architecture, cloud infrastructure engineering, software development, cybersecurity consulting, network design, data engineering, and technology consulting. Website refers to https://www.etymstays.autos and all associated subdomains and pages. Content refers to all text, graphics, images, code, documentation, designs, and other materials available on the Website or delivered as part of our Services. Agreement refers to these Terms of Service together with any applicable Statement of Work or Service Order executed by both parties.

3. Description of Services

Etym Stays provides computer systems design and related services to commercial, governmental, and nonprofit organizations. The specific scope, deliverables, timeline, and fees for each engagement are defined in a separate Statement of Work or Service Order executed by both parties. Our Services are provided on a professional services basis and do not constitute a sale of goods. We reserve the right to decline any engagement for any reason. All Services are performed with reasonable skill and care in accordance with industry standards. We do not guarantee that our Services will meet any specific performance metrics unless expressly stated in the applicable Statement of Work. We may use subcontractors to perform certain portions of the Services, provided that we remain responsible for their work.

4. User Obligations

You agree to provide accurate, current, and complete information when engaging our Services or interacting with our Website. You are responsible for maintaining the confidentiality of any account credentials, access tokens, or authentication mechanisms provided to you. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You may not use the Website or our Services for any unlawful purpose or in violation of any applicable law or regulation. You may not attempt to gain unauthorized access to any part of our systems, disrupt our services, or interfere with other users access. You may not reproduce, distribute, modify, or create derivative works from our Website content without our prior written consent. You agree to comply with all applicable export control and trade sanctions laws.

5. Intellectual Property Rights

All intellectual property rights in the Website, its content, and any deliverables created by Etym Stays in the course of providing Services excluding any pre-existing Client materials are owned by Etym Stays or our licensors. Upon full payment of all applicable fees, we grant you a non-exclusive, non-transferable, perpetual license to use the deliverables specifically created for you under a Statement of Work. This license does not include the right to sublicense, distribute, or create derivative works from our proprietary methodologies, frameworks, tools, or software libraries. We retain all rights to our pre-existing intellectual property and any improvements or modifications to our general methodologies, tools, and techniques. You retain all rights to any pre-existing intellectual property you provide to us in connection with the Services.

6. Confidentiality

Both parties agree to maintain the confidentiality of all non-public information disclosed during the course of the engagement. Confidential information includes but is not limited to business plans, technical specifications, system architecture, financial data, client lists, trade secrets, and any information marked as confidential or that reasonably should be understood to be confidential. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party prior to disclosure, is independently developed by the receiving party, or is required to be disclosed by law. Each party agrees to use confidential information solely for the purpose of fulfilling its obligations under the engagement and to protect it using the same degree of care used to protect its own confidential information, but in no event less than reasonable care.

7. Fees and Payment Terms

Fees for Services are set forth in the applicable Statement of Work or Service Order. Invoices are due within thirty days of the invoice date unless otherwise specified. Late payments may be subject to a service charge of one and one-half percent per month or the maximum rate permitted by law, whichever is less. You are responsible for all taxes, duties, and governmental charges associated with the Services, excluding taxes based on our net income. All fees are non-refundable except as expressly stated in the applicable Statement of Work. We reserve the right to suspend Services if payment is not received when due. Any disputes regarding invoices must be submitted in writing within fifteen days of the invoice date. Expenses incurred in connection with the Services including travel, software licenses, and third-party services will be billed at cost unless otherwise agreed.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Etym Stays, its officers, employees, agents, or subcontractors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or cost of procurement of substitute services, arising out of or related to these Terms or the Services, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. Our total cumulative liability for any claims arising under these Terms or related to the Services shall not exceed the total fees paid by you to us in the twelve-month period preceding the event giving rise to the claim. This limitation of liability applies notwithstanding any failure of essential purpose of any limited remedy and is a fundamental element of the basis of the bargain between the parties.

9. Disclaimer of Warranties

Except as expressly stated in these Terms or the applicable Statement of Work, our Services and Website are provided on an as is and as available basis without any warranties of any kind, either express or implied. We expressly disclaim all implied warranties including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, or completely secure. We do not warrant that the Website will meet your requirements or that any defects will be corrected. No advice or information obtained by you from us through the Website or during the provision of Services shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Etym Stays, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses including reasonable attorneys fees arising out of or related to your use of the Website, your violation of these Terms, your violation of any rights of any third party, or your negligent or wrongful conduct. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. This indemnification obligation survives termination of these Terms and your use of the Website and Services.

11. Termination

Either party may terminate an engagement under a Statement of Work in accordance with the termination provisions set forth in that Statement of Work. We may terminate or suspend your access to the Website immediately without prior notice or liability for any reason including without limitation if you breach these Terms. Upon termination, your right to use the Website and receive Services will immediately cease. Sections of these Terms that by their nature should survive termination including but not limited to intellectual property provisions, confidentiality obligations, limitation of liability, disclaimer of warranties, indemnification, and governing law shall survive any termination. We are not liable to you or any third party for any termination of your access to the Website.

12. Third-Party Services

Our Services and Website may incorporate or reference third-party software, services, or products that are not owned or controlled by Etym Stays. We do not endorse or assume any responsibility for any third-party services or products. Your use of any third-party services or products is subject to the terms and conditions and privacy policies of those third parties. We are not responsible for any damages or losses arising from your use of third-party services or products. Any reference to a third-party service or product on our Website or in our Services is for informational purposes only and does not constitute an endorsement or recommendation.

13. Governing Law

These Terms and any disputes arising out of or related to them, the Website, or the Services shall be governed by and construed in accordance with the laws of the State of Florida and applicable United States federal law, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. The parties expressly agree that the exclusive venue for any legal action arising out of or related to these Terms shall be the state and federal courts located in Lee County, Florida, and each party hereby consents to the personal jurisdiction of such courts.

14. Dispute Resolution

Before initiating any legal proceeding, the parties agree to attempt to resolve any dispute arising under these Terms through good faith negotiations. If the dispute cannot be resolved through negotiations within thirty days, the parties agree to submit the dispute to mediation administered by a mutually agreed mediator in Lee County, Florida. The costs of mediation shall be shared equally between the parties. If mediation does not resolve the dispute within sixty days, either party may pursue legal remedies in accordance with the governing law provision of these Terms. Nothing in this section prevents either party from seeking injunctive relief in court to protect its intellectual property rights or confidential information.

15. Entire Agreement

These Terms, together with any applicable Statement of Work, Service Order, and our Privacy Policy, constitute the entire agreement between you and Etym Stays regarding the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Section headings are for convenience only and have no legal or contractual effect. These Terms may not be assigned by you without our prior written consent. We may assign these Terms without restriction.

16. Contact Information

If you have any questions about these Terms, please contact us. You may reach us by email at office@etymstays.autos, by telephone at +1 509 271 1141, or by postal mail at 1201 SW 13th St, Cape Coral, 33991-2928, United States. We will make every effort to respond to your inquiry promptly. Our team is available during regular business hours, Eastern Time, Monday through Friday, excluding public holidays observed in the State of Florida.