These Terms of Service govern your use of the website located at https://embedsy.io and any related services provided by Embedsy.
By accessing https://embedsy.io, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Embedsy.
We, Embedsy, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
This policy is effective as of September 1, 2024
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
• remove any copyright or other proprietary notations from any materials and software on this website;
• transfer the materials to another person or "mirror" the materials on any other server;
• knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Embedsy provides;
• use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• use this website or its associated services in violation of any applicable laws or regulations;
• use this website in conjunction with sending unauthorized advertising or spam;
• harvest, collect, or gather user data without the user's consent; or
• use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Users retain ownership of all data and content they upload or create within the Embedsy platform. By uploading content, users grant Embedsy a non-exclusive license to use, copy, reproduce, process, and display the content to the extent necessary to provide the agreed-upon services. The intellectual property rights of the Embedsy service itself, including any software, technologies, and brand marks, remain with Embedsy and its licensors. These rights are protected and are not transferred or licensed unless explicitly stated in written agreements.
When you submit content to Embedsy for publication on our platform, you retain ownership of your intellectual property rights. We do not claim ownership of your content; however, in order to facilitate your use of our services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or create derivative works from your content. This usage is consistent with your privacy preferences and our Privacy Policy.
Your content may be integrated into the platform’s UI/UX, reflecting your brand through customization capabilities. This includes the adaptation of the platform's appearance and functionality, allowing for a seamless representation of your brand identity. By utilizing these customization options, you agree to maintain the security of your account details and ensure all activities under your account comply with our Terms of Service. You are responsible for adhering to legal and regulatory standards, particularly in the management and processing of data.
The license you provide to us for your content is terminable - you may end it at any time by deleting the content or terminating your account. However, if your content has been used in connection with commercial or sponsored content, the license will continue for such content until it is no longer commercially used by us. Additionally, you authorize us to use your username and any other identifying information associated with your account in a manner that is consistent with your privacy settings and our Privacy Policy.
To access the services provided by Embedsy, it is necessary for you to register and create an account. You must ensure that all information provided during registration is accurate and kept up to date. You are responsible for all activities that occur under your account and 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.
As part of the account creation process, you may be required to provide financial information corresponding to your chosen payment method. This may include providing details of your credit card. Please be aware that all payment processing on our platform is conducted through a third-party service provider (Stripe). Embedsy does not store, or retain any of your financial information directly. All such 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.
We prioritize data security by implementing industry-standard measures designed to protect user data. This includes secured access control through Microsoft Entra. Our commitment to data privacy is reflected in our adherence to relevant laws and regulations, details of which are comprehensively outlined in our Privacy Policy. This policy explains our practices concerning data handling, processing, and storage, ensuring users are fully informed of how their data is managed.
The services and materials provided by Embedsy on our platform are available on an "as is" and "as available" basis. Embedsy expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will meet your specific requirements, that the services will be uninterrupted, timely, secure, or error-free, or that the results obtained from the use of the service will be accurate or reliable.
Embedsy, its affiliates, and its licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Embedsy has been advised of the possibility of such damages), arising out of or in connection with our website, services, or this agreement (however arising, including negligence). This includes, without limitation, any damages arising from the use or inability to use our services, or any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the service.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Embedsy and any of its suppliers under any provision of this terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service during the one-month period prior to the act giving rise to Embedsy's liability.
The limitations on Embedsy's liability to you in this section shall apply whether or not Embedsy has been advised of or should have been aware of the possibility of any such losses arising. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections may not apply to you. In such cases, Embedsy's liability will be limited to the greatest extent permitted by law.
The information and materials provided on the Embedsy platform are intended for general informational purposes only and are not exhaustive. Embedsy does not guarantee the completeness, accuracy, or usefulness of any materials presented. Furthermore, we make no warranty regarding the reliability of the usage of materials on our platform or any outcomes related to such use, nor pertaining to any content on sites linked to our platform.
Users should not base decisions solely on the information found on Embedsy; it is recommended that users consult primary, more comprehensive, and professionally sourced materials to support any decision-making. Users assume all responsibility for the reliance on any content provided by our platform. Embedsy reserves the right to modify, update, or remove content on the website at any time without prior notice. It is the responsibility of the users to monitor such changes to stay informed of current information.
Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an "as is"; basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider's Terms of Service. Embedsy has the right to offer new third-party tools in the future.
Embedsy has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Embedsy of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
These Terms of Service are governed by and construed in accordance with the laws of Switzerland. You irrevocably submit to the exclusive jurisdiction of the courts in that location.
For any questions or concerns regarding these terms, you may contact us using the following details: info@embedsy.io