Terms of Use

The following terms and conditions (the “Terms”) constitute a binding agreement between you and EmberOS Inc. (“EmberOS,” “we,” “us,” or “our”) with respect to your use of the website www.emberos.ai (the “Site”), including any content herein.

BY ACCESSING OR USING THE SITES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS, AND AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

We may, at any time, revise or modify these Terms or impose new conditions for use of the Site. Such changes, revisions or modifications (Changes) shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Site or by email. Any use of the Site by you after such notice shall serve as your acceptance of such changes.

1. Scope of and Restrictions on Use.

Unless otherwise specified, the Site and the Content are for your personal and non-commercial use only. Subject to these Terms, EmberOS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use (unless otherwise specified), including any computer code, software, applications, files, executable files, comments, messages, posts, graphics, text, instructions, images, audio files, and/or other sounds, videos, and other materials or documents you may view on or access through the Site (collectively, the “Content”).

Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose without the express written permission of EmberOS.

Additionally, you agree not to:

  • Collect information from the Site using any automated software tool or manually on a mass basis.
  • Use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site.
  • Obtain or attempt to obtain access to restricted areas of the Site.
  • Flood the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems.
  • Take any action to restrict or inhibit other users from accessing or using the Site.
  • Modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content.
  • Access or use the Site for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

2. Permission to use Content.

You may use the Content for your informational, non-commercial use only unless we agree otherwise in writing. You may not copy or post any Content on any network computer or broadcast it in any media without our prior written agreement. Use of the Content other than as set forth herein is expressly prohibited by law and may result in civil and criminal penalties. You acknowledge and agree that any software, documentation, or other materials or Content downloaded by you for commercial use may be subject to the terms of a separate license agreement, and in the event of a conflict between these Terms and any such license agreement, the terms of the license agreement shall prevail.

3. Ownership.

The Site and the Content are owned by EmberOS and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of EmberOS and its licensors. You acknowledge and agree that, as between you and EmberOS, we are and shall remain the sole owner of the Site and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

4. Privacy Policy.

You acknowledge and agree that all personal information collected by EmberOS via the Site is subject to our Privacy Policy available here.

5. Third-Party Materials.

The Site may display, include, or make available third-party content or provide links to third-party websites or services (collectively, Third Party Materials). You acknowledge and agree that EmberOS is not responsible for Third-Party Materials including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. EmberOS does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

6. Promotional Material, Newsletters.

EmberOS may send you periodic newsletters and other promotional material regarding its latest products or service offerings, to the extent you have opted in or have otherwise subscribed to such material. By subscribing or opting in for such material, you authorize EmberOS to send you emails or other communication regarding its offerings. The foregoing authorization shall remain in effect unless and until you notify EmberOS in writing that such authorization is revoked, or by unsubscribing from receiving such Material using the unsubscribe button provided in the email.

7. Suspension/Termination of Access.

EmberOS has the right to deny access to, and to suspend or terminate your access to, the Site or to any features or portions thereof, at any time and for any reason, including if you violate these Terms. In the event that we suspend or terminate your access to the Site, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.

8. Disclaimer of Warranties.

EXCEPT AS OTHERWISE SET FORTH IN WRITING BY EMBEROS, THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND EMBEROS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER EMBEROS NOR ANY PERSON ASSOCIATED WITH EMBEROS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE CONTENT, WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE SET FORTH IN WRITING BY EMBEROS. NEITHER EMBEROS NOR ANYONE ASSOCIATED WITH EMBEROS REPRESENTS OR WARRANTS THAT THE SITE OR THE CONTENT WILL BE RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EMBEROS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 12, IF EMBEROS IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO EMBEROS UNDER THE APPLICABLE ORDER IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR U.S. $100.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SITE AND THE CONTENT IS AT YOUR SOLE RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONSEQUENTIAL DAMAGES SO SOME OF THE EXCLUSIONS AND/OR LIMITATIONS IN THIS SECTION 9 MAY NOT APPLY TO YOU.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

10. Indemnification.

By using the Website, you agree to defend, indemnify, and hold harmless EmberOS, its officers, directors, employees, parent, subsidiaries, affiliates, business partners, website developer, representatives, and agents (collectively, the Released Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, reasonable attorney’s fees and costs) arising from: (i) any breach by you of any of these Terms, (ii) any Submission or User Generated Content (including, but not limited to, claims for infringement of copyright, trademark, trade secret or other intellectual property rights of a third party, right of publicity, right of privacy, or defamation), (iii) your use of any Content or features available on or through the Website (except to the extent a claim is based upon infringement of a third party right by materials created by EmberOS), (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject, and (v) any other matter regarding the Website and your access and use of it.

You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to these Terms, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Site (including the Content) shall be instituted exclusively in the federal or state courts located in Santa Clara County, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEBSITE AND/OR THESE GENERAL CONDITIONS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These general conditions operate to the fullest extent permissible by law.

12. Limitation on Time to File Claims.

To the fullest extent permitted by applicable law, any cause of action or claim you may have to arise out of or relating to these Terms or the Site (including the Content) must be commenced within one (1) year after the cause of action or claim accrues, otherwise, such cause of action or claim is permanently barred.

13. Geographic Restrictions.

The Site are provided from, and EmberOS is based in, the state of California in the United States. EmberOS makes no representation that the Site or the Content are accessible or appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

14. Electronic Communications.

The communications between you and EmberOS via the Site use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. Waiver; Severability; Remedies.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, waived, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible and the remaining provisions of these Terms will continue in full force and effect. Our rights and remedies under these general conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

16. Changes to the Site.

EmberOS reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Content) at any time. You agree that EmberOS will not be liable to you or to any third party for any such change, suspension, or discontinuance.

17. Entire Agreement.

These Terms constitute the sole and entire agreement between you and EmberOS with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

18. Complaints and Questions

If you have any questions about the Site, please email us at admin@emberos.ai. If you have any complaints or concerns about these Terms, please email us at admin@emberos.ai or write to us at the address below to engage in good faith resolution before further escalation.

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