Please read this End-User License Agreement ("Agreement") carefully before you install or use the Embedsy Portal ("Application").
By installing or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Embedsy GmbH, Dornacherstrasse 10, 4600 Olten, Switzerland (“Embedsy”) and it governs your use of the Application made available to you by Embedsy.
Embedsy grants you a revocable, non-exclusive, non-transferable, limited license to install and use the Application in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
The Application and all contents therein, including, but not limited to, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Application, are the property of Embedsy and are protected by copyright and other intellectual property laws and treaties.
You retain all rights and ownership to the data and content you input into the Application.
To install and use the Application, it is necessary for you to register an account. You must ensure that all information provided during registration is accurate and kept up to date.
You must maintain the confidentiality of your account credentials. In the event of any unauthorized access to your account, it is imperative that you notify us immediately. Embedsy will not be liable for any loss or damage resulting from your failure to secure your account information.
Embedsy may collect information on the usage of the Application.
The Application may include integrations with third-party services. Your use of those third-party services is subject to their terms and conditions, and Embedsy is not liable for any issues arising from those services.
Embedsy is committed to protecting the privacy and security of your data. Embedsy will implement appropriate technical and organizational measures to ensure a level of security according to common industry standards.
You agree to pay all fees associated with the use of the Application in accordance with the payment terms presented at the time of subscription. Failure to pay may result in suspension or termination of access to the Application.
We use several ways of payments. One of them is Stripe, which is a Third-Party provider. In these cases Payment information is handled by Stripe in accordance with their Terms of Service, which you must agree to as part of using our payment processing services.
Embedsy will not modify the pricing logic for existing subscriptions during a year, unless otherwise agreed with you. After each year of having an active subscription, Embedsy may increase the fees by no more than 5% of the current fees or as agreed with you. Embedsy reserves the right to discontinue existing pricing plans or introduce new ones at any time. If your current plan is discontinued, you may remain on that plan unless you choose to switch to a new plan or until the plan is no longer offered to existing customers
All fees paid for the use of the Application are non-refundable, except as required by applicable law. In certain exceptional circumstances, Embedsy may, at its sole discretion, consider a refund request on a case-by-case basis. Any such refund will be subject to Embedsy's evaluation of the circumstances. Embedsy's decision regarding refunds shall be final and binding.
Embedsy is not responsible for the loss of any data. It is recommended that you regularly back up your data.
While Embedsy offers custom development services, such services are not covered by this Agreement. Any custom development work will be subject to a separate agreement and pricing, provided by Embedsy on a case-by-case basis.
Embedsy offers support services for the Application, with the level of support depending on your specific subscription plan. Details about the available support options for your plan can be found in the associated order form or documentation. For advanced or priority support, additional fees may apply and will be subject to a separate agreement.
Embedsy provides the Application on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Embedsy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Embedsy does not warrant that the functions contained in the Application will be uninterrupted or error-free, that defects will be corrected, or that the Application or the servers that make it available are free of viruses or other harmful components. Embedsy does not warrant or make any representations regarding the use or the results of the use of the Application in terms of its correctness, accuracy, reliability, or otherwise.
You expressly acknowledge and agree that use of the Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. No oral or written information or advice given by Embedsy or its authorized representatives shall create a warranty.
Notwithstanding any damages that you might incur, the entire liability of Embedsy and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application or through the Application.
In no event shall Embedsy, its affiliates, its licensors, or its service providers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Embedsy or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
This Agreement shall remain in effect until terminated by you or Embedsy. To terminate this Agreement, the Application must be deleted from your systems.
This Agreement may be terminated, without prejudice to the rights outlined herein, under the following conditions:
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
You agree to indemnify and hold Embedsy, its affiliates, officers, and employees harmless from any claims, damages, losses, liabilities, or expenses (including legal fees).
Embedsy will not be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control (including but not limited to natural disasters, pandemics, or acts of government).
Embedsy reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Embedsy's sole discretion.
By continuing to access or use the Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
This Agreement is governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Your use of the Application, and any disputes arising from it, will be subject to the exclusive jurisdiction of the courts of Switzerland.
By using the Application, you consent to the jurisdiction and venue of courts in Switzerland in all disputes arising out of or relating to the use of the Application.