Last updated: Dec, 29, 2022
Acceptance of the Terms
By using the Embolden service, you agree to be bound by the terms of service set forth below. If you do not agree to these terms, you are not permitted to use the service.
In order to use the Embolden service, you must meet the following minimum requirements:
If you do not meet these requirements, you are not authorized to use the Embolden service.
By using the Embolden service, you represent and warrant that you have the right, authority, and capacity to enter into these terms and to abide by all of the terms and conditions set forth herein. If you are using the service on behalf of a company or other legal entity, you represent and warrant that you are authorized to do so and that you have the authority to bind such entity to these terms.
Account Registration
In order to use certain features of the Embolden service, you will need to create an account by providing certain personal and company information, such as your name, email address, and company name. You agree to provide accurate and complete information when creating your account and to keep this information up to date.
You are responsible for maintaining the confidentiality of your account login credentials and for any activity that occurs on your account. You agree to immediately notify Embolden of any unauthorized use of your account or any other breach of security. Embolden will not be liable for any loss or damage arising from your failure to comply with this requirement.
You may not use the Embolden service for any illegal or unauthorized purpose, and you may not create an account for anyone other than yourself or your company. Embolden reserves the right to terminate accounts that are being used for unauthorized or illegal purposes.
Use of the Service
As a user of the Embolden service, you are granted a limited, non-exclusive, non-transferable license to access and use the service for the purpose of generating content for your own ecommerce business. You may not use the service for any other purpose, including reselling or distributing the generated content.
Prohibited uses of the Embolden service include, but are not limited to:
Embolden reserves the right to investigate and take appropriate legal action against anyone who engages in any of the prohibited activities listed above, including, but not limited to, terminating their account and reporting such activity to the relevant authorities.
Termination
Embolden reserves the right to terminate or suspend your access to the Embolden service at any time, for any reason, and without notice. This includes the right to terminate or suspend accounts that are being used for unauthorized or illegal purposes, or that are in violation of the terms of service.
If your account is terminated or suspended, you may be prohibited from accessing the Embolden service and any content or data that you have generated using the service may be deleted.
Termination of your access to the Embolden service will not affect any legal rights or remedies that are available to Embolden, including the right to seek damages for any breach of the terms of service by you.
Disclaimer of Warranties
The Embolden service is provided on an "as is" and "as available" basis. Embolden makes no representations or warranties of any kind, express or implied, as to the operation of the service or the information, content, materials, or products included on the service.
To the full extent permissible by applicable law, Embolden disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Embolden does not warrant that the service, or any content or data generated using the service, will be error-free or free from interruptions or other defects, and we will not be liable for any errors or defects.
You acknowledge that your use of the Embolden service is at your own risk and that you are responsible for compliance with any applicable laws and regulations.
Limitation of Liability
To the maximum extent permitted by applicable law, Embolden and its affiliates will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use the Embolden service, or any content or data generated using the service. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
This limitation of liability applies whether the damages are based on contract, tort, negligence, strict liability, or any other legal theory and whether or not Embolden has been advised of the possibility of such damages.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
In some jurisdictions, the limitation of liability described above may not apply, and you may have additional rights. In such cases, the liability of Embolden and its affiliates will be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify and hold Embolden and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Embolden service, your violation of the terms of service, or your violation of any rights of another.
This indemnification obligation will survive the termination of your access to the Embolden service.
Embolden reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Embolden in the defense of such claim.
Governing Law and Jurisdiction
The terms of service and your use of the Embolden service will be governed by and construed in accordance with the laws of Canada, without giving effect to any principles of conflicts of law.
Any disputes arising out of or in connection with the terms of service or your use of the Embolden service will be resolved by the courts located in the County of Canada. You agree to submit to the jurisdiction of these courts for the purposes of resolving any such disputes.
If you are using the Embolden service from a jurisdiction outside of Canada, you are responsible for complying with all applicable laws and regulations in your jurisdiction.
Changes to the Terms of Service
Embolden reserves the right to update the terms of service from time to time as necessary. We will communicate any updates to the terms of service to users in a timely manner, such as through an email notification or by displaying a notice within the Embolden service.
By continuing to use the Embolden service after any changes to the terms of service have been made, you are accepting and consenting to the revised terms. If you do not agree to the revised terms, you must stop using the Embolden service.
If we make any material changes to the terms of service that significantly affect your rights, we will provide you with additional notice and an opportunity to review the changes before they take effect.
If you have any questions or concerns about the terms of service, please contact us using the contact information provided in this terms of service below.
Contact Information
If you have any questions or concerns about the terms of service, or if you need to report a violation of the terms of service, please contact us at support@embolden.co. We will make every effort to address your concerns and resolve any issues in a timely and satisfactory manner.