Terms of Service
Terms and conditions for using Etch Express services and tools.
Acceptance of Terms
By creating an account, accessing the Etch Express platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are accepting these terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization. If you do not agree to these terms, you must immediately cease all use of the platform.
Service Description
Etch Express provides batch plate design software for trophy shops, sign makers, and engravers, including design creation, data table integration, AI-assisted parsing, and production file exports. All services are provided on an "as-is" and "as-available" basis without warranty of any kind, express or implied. We reserve the right to modify, suspend, or discontinue any feature or service at any time without prior notice. Scheduled maintenance windows and service updates do not constitute a breach of these terms.
Account Responsibilities
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must immediately notify us at support@etchexpress.ai of any unauthorized use of your account. Sharing login credentials across multiple individuals requires a separate seat for each user. We are not liable for any loss or damage arising from your failure to secure your account.
Intellectual Property
The Etch Express platform, including all software, source code, algorithms, AI models, user interface designs, documentation, trade names, trademarks, and proprietary methodologies, is and remains the exclusive property of Candlefish Ai LLC. No right, title, or interest in the platform is transferred to you. You retain ownership of your design files, customer data, and exported production files. You grant Candlefish Ai a limited, non-exclusive license to process your uploaded data solely for the purpose of providing the services. Any feedback, suggestions, or improvement ideas you provide may be used by Candlefish Ai without obligation or compensation.
Use Restrictions
You may not: (a) reverse-engineer, decompile, disassemble, or attempt to derive the source code of the platform; (b) copy, modify, or create derivative works based on the platform; (c) sublicense, resell, rent, lease, or otherwise transfer access to the platform; (d) use automated scripts, bots, or scrapers to interact with the platform without written authorization; (e) circumvent or disable any security features or access controls; (f) use the platform for any unlawful purpose or in violation of any applicable laws; or (g) introduce any malicious code, viruses, or harmful material. Violation of any of these restrictions may result in immediate termination of your account without refund.
Subscription & Payment
Subscriptions are billed monthly at the then-current rate. A free trial may be offered at our discretion and may be revoked or modified at any time. You authorize us to charge your designated payment method on a recurring basis. Failed payments may result in suspension of access. Cancellation takes effect at the end of the current billing period and you will retain access until that date. No refunds or credits will be issued for partial billing periods, downgrades, or unused time. We reserve the right to change pricing with 30 days written notice; continued use after a price change constitutes acceptance.
Disclaimer & Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANDLEFISH AI LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, PRODUCTION ERRORS, MATERIAL WASTE, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM. OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. YOU ACKNOWLEDGE THAT DESIGN OUTPUT SHOULD BE VERIFIED BEFORE PRODUCTION AND THAT WE BEAR NO RESPONSIBILITY FOR PRODUCTION OUTCOMES.
Indemnification
You agree to indemnify, defend, and hold harmless Candlefish Ai LLC and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the platform; (b) your violation of these terms; (c) your violation of any applicable law or regulation; or (d) any content or data you upload, create, or transmit through the platform.
Confidentiality
We maintain strict confidentiality of all customer designs, files, and data. Your customer lists, design files, and business information are never shared with third parties except as required to provide the services (e.g., cloud infrastructure providers) or as required by law. Uploaded files may be processed by third-party AI services (Google Gemini, Anthropic Claude) solely for the purpose of data parsing and design generation; these providers process data under their own privacy and data handling policies. Public testimonials and case studies use information only with your explicit written permission.
Termination & Data Export
Either party may terminate this agreement at any time. You may cancel your subscription through your account settings or by contacting support@etchexpress.ai. We reserve the right to suspend or terminate your access immediately and without notice for violations of these terms, non-payment, or any conduct we reasonably determine to be harmful to the platform or other users. Upon termination, you may request an export of your data by contacting support@etchexpress.ai within 30 days. We will make commercially reasonable efforts to provide your data in a standard format within 14 business days of the request. After the 30-day post-termination window, we reserve the right to permanently delete all data associated with your account. Data deletion requests will be honored within 48 hours. Termination does not relieve you of any obligation to pay fees incurred prior to termination.
Governing Law & Disputes
These terms are governed by and construed in accordance with the laws of the State of South Carolina, without regard to conflict of law principles. Any dispute arising from or relating to these terms or the platform shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association, with proceedings held in South Carolina. You waive any right to participate in a class action lawsuit or class-wide arbitration. These terms, together with our Privacy Policy, constitute the entire agreement between you and Candlefish Ai LLC regarding the platform and supersede all prior agreements and understandings.
Updates
These terms may be updated to reflect changes in our services. Significant changes will be communicated via email to active subscribers.
Questions about these terms?
Contact support@etchexpress.ai