Emberkom Mail Authentication Service Terms and Conditions
1. INTRODUCTION
1. 1. The following terms and conditions govern all use of the website, services, content, and products available at or through the website (collectively referred to as the “Platform”).
1.2. The Emberkom Mail Authentication platform is managed by Emberkom LLC.
1.3. If you do not agree to all the terms, you may not access the Platform or use its services. The Platform is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation the Privacy Policy), and procedures that may be published from time to time on this Platform (collectively, the “Agreement”).
1.4. Please read this Agreement carefully before accessing or using the Platform. By accessing or using any part of the Platform, you agree to become bound by the terms and conditions of this agreement.
1.5. If you do not agree to all the terms and conditions of this agreement, then you may not access the Platform or use any services. If these terms and conditions are considered an offer by Emberkom LLC, acceptance is expressly limited to these terms.
2. ACCEPTABLE USE
2.1. The Platform is available only to individuals who are at least 13 years old. By using the Platform, you represent that you meet this eligibility requirement.
2.2. Subject to your compliance with these Terms and Conditions, Emberkom LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes only. This license does not permit you to use the Platform for any commercial purpose.
2.3. This license does not permit you to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit any of the Content or use any robot, spider, or other automated means to access the Platform for any purpose without our express written permission.
3. ACCOUNT SECURITY
3.1. If you create an account on the Platform, you are responsible for maintaining the security and confidentiality of your account credentials, including your username and password. You are fully responsible for all activities that occur under the account.
3.2. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability.
3.3. You are prohibited from (i) accessing or attempting to access areas of the Platform or our systems that you are not authorized to access; (ii) introducing or attempting to introduce any viruses, worms, Trojan horses, or other malicious code to the Platform; (iii) engaging in any activity that interferes with or disrupts the Platform or the servers and networks connected to the Platform or (iv) attempting to probe, scan, or test the vulnerability of the Platform or to breach any security or authentication measures.
3.4. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
4. USER RESPONSIBILITY
4.1. If you operate an account, post material to the Platform, post links on the Platform or otherwise make (or allow any third party to make) material available by means of the Platform (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
4.2. By making Content available, you represent and warrant that:
4.2.1. The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
4.2.2. If your employer has rights to the intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
4.2.3. You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
4.2.4. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
4.2.5. The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
4.2.6. Your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or a company other than your own; and
4.2.7. You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.
4.3. If you delete Content, we will use reasonable efforts to remove it from the Platform, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
4.4. Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Platform to any individual or entity for any reason, in our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.
5. DATA COLLECTION AND USE
5.1. Customer acknowledges that Emberkom LLC and its partners collect and use aggregate and forensic data relating to its customers’ use of the Services for research, analysis and case study purposes. In such cases, no customer personally identifiable information (PII) will be revealed.
5.2. Customer hereby consents to the collection, processing, and use of their data as described in these Terms and Conditions through their use of the Services, thereto necessary to the extent for Emberkom LLC for the purpose of providing, maintaining, and improving the Services.
5.3. Customer hereby consents to the collection, processing, and use of their data as described in these Terms and Conditions through their use of the Services, thereto the extent necessary for Emberkom LLC to provide service to you.
5.4. Emberkom LLC will notify the Customer of any changes to the purposes for which their data is used or any changes to the data processing practices. Continued use of the Services after such notification will be deemed as consent to the new terms.
5.5. Unless explicitly instructed otherwise, Emberkom LLC reserves the right to use any subscribed customer’s organization as a reference.
6. INTELLECTUAL PROPERTY RIGHT
6.1. General. All rights, title, and interest in and to the Platform, including all intellectual property rights, are owned by Emberkom LLC or its licensors. You acknowledge that you do not acquire any ownership rights by using the Platform.
6.2. Customer Data. Customer retains all rights, title, and interest in and to any data, information, or content submitted to the Services (collectively referred to as “Customer Data”). acknowledges that it does not acquire any rights in the Customer Data, except for the limited rights necessary to provide the Services.
7. SUPPORT
Support includes access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by us to respond within three business days) concerning the use of the Platform. All email support will be provided in accordance with our standard practices, procedures and policies. Details of the support services can be viewed by clicking here.
8. CHANGES TO THE TERMS
8.1. Emberkom LLC reserves the right to modify these Terms of Service at any time.
8.2. We do so by posting and drawing attention to the updated terms on the Site.
8.3. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service.
8.4. Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the platform immediately.
9. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Emberkom LLC and its affiliates, employees, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) from any third-party, arising out of or related to (i) Customer’s use of the Services in violation to this Agreement or applicable law; (ii) any content provided by Customer or any authorized user that infringes or violates the rights of any third party, including intellectual property rights or any claims related to the Customer’s gross negligence or willful misconduct.
10. LIMITATION OF LIABILITY
10.1. In no event shall Emberkom LLC, nor its employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
10.1.1. Your access to or use of or inability to access or use the Platform;
10.1.2. Any conduct or content of any third party on the Platform;
10.1.3. Any content obtained from the Platform; or
10.1.4. Unauthorized access, use or alteration of your transmissions or content.
10.2. In no event shall Emberkom LLC’s aggregate liability for all claims related to the Platform exceed the total amount paid by you to Emberkom LLC for use of the Platform.
10.3. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Emberkom LLC has been informed of the possibility of any such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitations and exclusions in this section may not apply to you.
11. DISCLAIMER OF WARRANTIES
11.1. The Platform is provided on an “as is” and “as available” basis. Emberkom LLC makes no representations or warranties of any kind, express or implied, regarding the operation of the Platform or the information, content, materials, or products included on the Platform.
11.2. To the fullest extent permissible by applicable law, Emberkom LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
11.3. Emberkom LLC does not warrant that the Platform will be uninterrupted, secure, or free of errors, viruses, or other harmful components, nor does it warrant that any defects will be corrected.
11.4. No advice or information, whether oral or written, obtained by you from Emberkom LLC or through the Platform shall create any warranty not expressly stated in these Terms.
12. DATA PROTECTION LAWS
12.1. Emberkom LLC is committed to complying with applicable data protection laws and regulations. We will process your personal data in accordance with applicable laws.
12.2. We may collect, use, and process your personal data for various purposes, including to provide our services, communicate with you, and comply with legal obligations.
12.3. We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, loss, or destruction.
12.3. If we transfer your personal data outside your jurisdiction, we will ensure that such transfers are conducted in compliance with applicable data protection laws, including obtaining necessary consent and implementing appropriate safeguards.
12.4. We may update this section to reflect changes in data protection laws or our data handling practices. We encourage you to review this section periodically for any updates.