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Terms of Service

Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Embedded Motive ("we," “us," or “our”), concerning your access to and use of the Embedded Motive website (the "Website"). You agree that by accessing the Website, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Intellectual Property Rights

Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. The Content and the Marks are provided on the Website “AS IS” for your information and personal, non-commercial use only. Except as expressly provided in these Terms of Service, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. User Representations

By using the Website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) you are not under the age of 13; (3) you will not access the Website through automated or non-human means; (4) you will not use the Website for any illegal or unauthorized purpose; and (5) your use of the Website will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the Website for any purpose other than that for which we make the Website available. As a user of the Website, you agree not to:

  • Systematically retrieve data or content to create a collection, database, or directory without written permission.
  • Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information.
  • Circumvent, disable, or otherwise interfere with security-related features of the Website.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
  • Use any information obtained from the Website in order to harass, abuse, or harm another person.
  • Use the Website in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Website.
  • Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Website.
  • Attempt to impersonate another user or person.
  • [This list is NOT exhaustive. CONSULT LEGAL ADVICE to determine all necessary prohibitions].

5. User Generated Contributions

If the Website provides you with the opportunity to submit comments or other content ("Contributions"), you agree that your Contributions will not be false, inaccurate, or misleading; obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable; and will not violate any applicable law, regulation, or rule. You grant us a worldwide, perpetual, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute your Contributions. We reserve the right to remove or edit any Contributions at any time without notice.

6. Third-Party Websites

The Website may contain links to other websites ("Third-Party Websites"). Such Third-Party Websites are not investigated, monitored, or checked by us, and we are not responsible for any Third-Party Websites accessed through the Website or any content posted on them.

7. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these Terms of Service; (2) take appropriate legal action; (3) refuse, restrict access to, limit the availability of, or disable any Contributions; and (4) manage the Website to protect our rights and facilitate its proper functioning.

8. Term and Termination

These Terms of Service remain in effect while you use the Website. WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE WEBSITE TO ANY PERSON FOR ANY REASON. We may terminate your use or participation at any time, without warning.

9. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time without notice. We will not be liable for any modification, suspension, or discontinuance. We cannot guarantee the Website will be available at all times and may experience interruptions, delays, or errors.

10. Governing Law

These Terms of Service and your use of the Website are governed by and construed in accordance with the laws of [Insert Your Governing Jurisdiction, e.g., India, and specify State/Region if applicable, e.g., Telangana] without regard to its conflict of law principles.

11. Disclaimer

THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR ANY LINKED SITES. [THIS IS A GENERIC DISCLAIMER - CONSULT LEGAL ADVICE].

12. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [THIS SECTION IS CRITICAL AND REQUIRES LEGAL REVIEW].

13. Indemnification

You agree to defend, indemnify, and hold us harmless 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 your use of the Website or breach of these Terms of Service. [CONSULT LEGAL ADVICE].

14. Miscellaneous

These Terms of Service and any policies posted by us on the Website constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of remaining provisions. For any questions regarding these terms, please use our contact methods.