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Terms of Service

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1. Introduction and Agreement

Welcome to Everhaven™. These Terms of Service ("Terms") govern your access to and use of the everhaven.io website, our waitlist, our community forums, and any other related online services we provide (collectively, the "Service"). The Service is operated by Everhaven™ ("we", "us", or "our").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms in their entirety, you must not use the Service.

These Terms apply to the Service only. The purchase and use of the Everhaven™ personal server (the "Product") will be governed by a separate purchase agreement.

2. Eligibility and Community

The Service is intended for users who are at least 18 years old. By using the Service, you represent and warrant that you are of legal age to form a binding contract. We are building a community of pioneers who value privacy and freedom, and we reserve the right to refuse service or terminate accounts for any conduct that violates these Terms or our community values.

3. Intellectual Property Rights

a. Our Intellectual Property

The Service and its original content, including but not limited to the Everhaven™ name, logos, branding, website design, text, graphics, software, and other materials, are the exclusive property of Everhaven™ and its licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, or modify our brand or content without our express prior written permission.

b. Your Intellectual Property

You own what is yours. These Terms do not grant us any rights to the data, files, or content you create or store on your own Everhaven™ Product. We have no access to it, and we claim no ownership of it. You retain full ownership, control, and responsibility for your content.

4. User Conduct and Responsibilities

You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service. You are solely responsible for:

  • Your conduct and communications while using the Service.
  • Ensuring that any content you store or share on your future Product complies with all applicable laws and regulations.
  • Maintaining the confidentiality of your passwords and for securing your own device and data. This includes implementing your own backup procedures; Everhaven™ has no access to your data and cannot recover it for you.

5. Waitlist and Future Offers

Joining our waitlist is an expression of interest and helps us build our community. It does not create a contract or obligate you to purchase any Product. All future offers, pre-orders, and purchases will be subject to their own separate terms and conditions, which will be provided at that time.

6. Disclaimers and No Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EVERHAVEN™ AND ITS AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERHAVEN™, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE IS TO CEASE USING THE SERVICE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Everhaven™ and its affiliates, officers, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, or from your violation of any term of these Terms.

9. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. 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.

10. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Everhaven™ is principally located, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction to resolve any dispute or claim arising from these Terms or the Service.

11. General Terms

These Terms constitute the entire agreement between you and Everhaven™ concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide reasonable notice of any material changes by updating the "Last updated" date. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

13. Contact Us

If you have any questions about these Terms, please contact us.