Terms of Use

These Terms of Use ("Terms") form a binding agreement between you and Etech Global Services, a Texas corporation with operations in the United States, Jamaica, and India ("Etech," "we," "us," "our"). By accessing or using etechgs.com, any related Etech subdomain, any Etech online property that links to these Terms, or any product or service offered through the site ("Site"), you accept these Terms. If you do not accept these Terms, do not use the Site.

If you are using the Site on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you as an individual and the organization.

The Site is an informational and marketing property. It is not a portal for the delivery of contracted Services. These Terms govern your use of the Site. They do not displace the terms of any Master Services Agreement, statement of work, or data processing addendum executed between Etech and a client. Where a Master Services Agreement exists, it governs the delivery of Services and prevails over these Terms as to the subject matter of that agreement.

Most Site areas are publicly accessible. Certain areas may require registration, an access code, or a client credential. Where registration is offered, you agree to provide accurate information, keep your credentials confidential, and promptly notify us at security@etechgs.com of any unauthorized use. You are responsible for activity under your account until you notify us. Etech may suspend or terminate an account at any time for violation of these Terms or for suspected security compromise.

When you use the Site you agree not to:

• Access, probe, or test the Site without authorization, or bypass authentication, rate limiting, or other security controls.
• Scrape, crawl, or systematically retrieve Content except as permitted by robots.txt and applicable law.
• Introduce malware, worms, trojans, or similar harmful code.
• Use the Site to send unsolicited commercial communications or to harvest contact information.
• Impersonate Etech personnel or any other person or organization.
• Submit false, misleading, defamatory, or unlawful content.
• Use the Site in violation of applicable export control, sanctions, consumer protection, or privacy laws.
• Train a machine learning model on Content except under a separate written license from Etech.

Etech reserves the right to investigate and take appropriate action, including reporting conduct to law enforcement and pursuing civil remedies.

The Site, the Marks, the Content, and all related intellectual property rights are owned by Etech or its licensors. Subject to your compliance with these Terms, Etech grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal or internal business evaluation. This license does not include the right to copy, modify, distribute, publicly perform, publicly display, or create derivative works from the Content except as expressly permitted in these Terms.

Marks and trade names

ETECH, ETSLABS, QEVAL, the E mark, and related word and design marks are trade names and trademarks of Etech Global Services. Third-party names, logos, and trademarks identified on the Site are the property of their respective owners. Their inclusion does not imply endorsement unless explicitly stated.

Patents, trade secrets, and proprietary methodologies

QEval, the Voice AI platform, the Champion-Challenger methodology, the PHI redaction model set, and related analytical methods embody proprietary processes, software, and know-how of Etech. Nothing in these Terms transfers to you any right in Etech's patents, copyrights, trademarks, trade secrets, or other intellectual property except the limited use license stated above.

If you submit a message, a resume, a request for proposal response, a comment, or any other information to Etech through the Site ("Submission"), you represent that you own or control all rights in the Submission and that the Submission does not violate any law or third-party right. Submissions that are candidate application materials are governed by our Privacy Policy.

For Submissions other than candidate application materials, you grant Etech a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, adapt, and display the Submission for the operation and promotion of Etech's business. You waive any moral rights in the Submission to the extent permitted by law.

Feedback about the Site or about Etech's Services is solicited and welcome. Any feedback you provide is non-confidential and may be used by Etech without restriction or compensation.

The Site contains links to third-party sites and services, including trust.etechgs.com, third-party analytics, LinkedIn, and industry publications. Etech does not control and is not responsible for the content, policies, or practices of any third-party site or service. Your use of third-party sites is at your own risk and subject to their terms and policies.

Etech respects the intellectual property rights of others. If you believe Content on the Site infringes a copyright you own or control, send a written notice under the Digital Millennium Copyright Act to our designated agent. The notice must include:

• A physical or electronic signature of the owner or authorized agent.
• Identification of the work claimed to be infringed.
• Identification of the material claimed to be infringing, with sufficient detail for us to locate it.
• Your contact information, including address, telephone, and email.
• A statement that you have a good-faith belief the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized agent.

The Site and the Content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Etech disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted availability.

Outcomes, metrics, and case studies shown on the Site reflect documented results in specific client programs under specific conditions. Past performance is not a representation of future results. Etech does not warrant that any result, conversion rate, cost reduction, or other metric described on the Site will be replicated in any program it performs for you.

Nothing on the Site constitutes legal, regulatory, tax, medical, or investment advice. Compliance statements on the Site describe Etech's posture and certifications and do not constitute legal advice regarding your own compliance obligations.

To the fullest extent permitted by applicable law, Etech Global Services, LLC and its affiliates, officers, directors, employees, contractors, agents, suppliers, and licensors (collectively, "Etech Parties") shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption — arising out of or in connection with your use of this Site or these Terms, even if an Etech Party has been advised of the possibility of such damages.

Aggregate Cap — Scope-Based

For any and all direct damages, the total aggregate liability of the Etech Parties for any claim arising out of or relating to these Terms or your use of this Site shall not exceed:

• (a) Project / Engagement Clients: Where you or your organization have entered into a Master Services Agreement ("MSA"), Statement of Work ("SOW"), Order Form, or other written services agreement with Etech Global Services, the aggregate liability cap for claims arising within the scope of that engagement shall be governed exclusively by that agreement. In the absence of a specific cap in such agreement, the cap shall be the total fees actually paid by your organization to Etech Global Services under the applicable SOW or Order Form during the twelve (12) calendar months immediately preceding the event giving rise to the claim.
• (b) Site-Only / Non-Paying Users: For users who have not entered into a paid services agreement with Etech Global Services, the aggregate liability cap shall be the greater of: (i) US $750; or (ii) the total amount, if any, paid by you to Etech Global Services in the twelve (12) months preceding the event giving rise to the claim.
• (c) Governing Agreement Prevails: Where a separate written agreement exists between your organization and Etech Global Services, that agreement's liability provisions shall govern and supersede these Terms with respect to matters within its scope.

Statutory & Mandatory Rights — Not Waived

Nothing in this Section limits Etech's liability for:

• (i) Fraud or fraudulent misrepresentation;
• (ii) Death or personal injury caused by Etech's negligence or willful misconduct;
• (iii) Any liability that cannot be excluded or limited under applicable law, including under the California Consumer Privacy Act (CCPA/CPRA), the EU General Data Protection Regulation (GDPR), the UK GDPR, or any other applicable data protection or consumer protection statute;
• (iv) Statutory damages available to consumers under applicable law, where such damages may not be contractually waived.

EU / UK Consumer Notice

If you are a consumer resident in the European Union, European Economic Area, or United Kingdom, your statutory consumer protection rights under applicable EU or UK law are not affected or diminished by these Terms. To the extent any provision in this Section conflicts with your mandatory statutory rights, your statutory rights shall prevail.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Etech and its affiliates, officers, directors, employees, and agents from and against any claim, demand, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your misuse of the Site, your Submissions, or your violation of any law or third-party right.

Our Privacy Policy describes how we collect, use, disclose, and protect personal data that you provide through the Site. By using the Site you acknowledge our Privacy Policy. Where Etech processes personal data on behalf of a client under a Master Services Agreement, Etech acts as a processor and that processing is governed by the client's privacy notice and the Data Processing Addendum.

The Site, the Content, and any software made available through the Site may be subject to the export control and sanctions laws of the United States, the European Union, the United Kingdom, and other jurisdictions. You agree not to access, export, re-export, or transfer the Site or Content in violation of those laws. You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to a comprehensive US trade embargo, and that you are not on any US government list of prohibited or restricted parties.

These Terms are governed by the laws of the State of Texas, without regard to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 16, any action permitted to be brought in court shall be filed in the state or federal courts located in Nacogdoches County, Texas, and you consent to the exclusive jurisdiction and venue of those courts.

Informal resolution

Before filing any formal action, you agree to contact us at legal@etechgs.com with a written description of the dispute and the resolution you are seeking. The parties will work in good faith to resolve the dispute informally for thirty days after the notice is received.

Binding arbitration

If informal resolution does not succeed, any dispute arising out of or relating to these Terms or your use of the Site shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or Consumer Arbitration Rules where you are a consumer). The arbitration shall be conducted by a single arbitrator in Nacogdoches County, Texas, in English. Judgment on the award may be entered in any court of competent jurisdiction.

Class and representative waiver

You and Etech agree that disputes will be resolved on an individual basis. Class arbitration, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted to the fullest extent permitted by law. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

Opt-out right

You may opt out of binding arbitration by notifying Etech in writing at legal@etechgs.com within 30 days of first accepting these Terms. Your notice must include your name, the email address associated with your use of the Site, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.

EU and UK consumers

If you are a consumer resident in the European Union, European Economic Area, or the United Kingdom, mandatory arbitration does not apply to you and you retain the right to bring disputes before the courts in your country of residence. The governing law clause in Section 15 does not prevent you from relying on the mandatory provisions of the law of your country of residence.

Exceptions

Nothing in this Section 16 prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction for the actual or threatened infringement, misappropriation, or violation of intellectual property rights, or for small-claims court actions that remain within the jurisdictional limits of such courts.

Etech may suspend or terminate your access to all or part of the Site at any time, with or without cause, with or without notice, and without liability to you. Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and Miscellaneous) shall survive.

Etech may update these Terms to reflect changes in its practices, technology, legal requirements, or other factors. Etech will post the revised Terms and update the effective date at the top of this page. Where changes are material, Etech will provide additional notice through a banner on the Site or direct email to registered users. Continued use of the Site after an update constitutes acceptance of the revised Terms.

• Entire agreement. These Terms of Use constitute the entire agreement between you and Etech regarding your access to and use of the Site and supersede all prior understandings. Our Privacy Policy and Cookie Policy explain how we handle your data and are incorporated by reference as disclosures, not as contractual terms that vary or supplement these Terms.
• Severability. If any provision is held unenforceable, the remaining provisions will continue in full force.
• No waiver. A failure to enforce a right is not a waiver of the right.
• Assignment. You may not assign these Terms. Etech may assign these Terms to an affiliate or in connection with a merger, reorganization, or sale of assets.
• Force majeure. Etech is not liable for any failure or delay caused by events beyond its reasonable control.
• Notices. Notices to you may be sent to the email on your account or posted on the Site. Notices to Etech must be sent to legal@etechgs.com and to Etech Global Services, Attn: Legal, 1903 Berry Drive, Nacogdoches, Texas 75964, United States.
• No agency. These Terms do not create any agency, partnership, joint venture, or employment relationship.
• Headings. Section headings are for convenience and do not affect interpretation.
• English controlling. These Terms are executed in English. If a translation is provided for convenience, the English version controls.

Send questions about these Terms or notices required under them to: