These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Embedder ("we", "us", "our", or "Company") governing your access to and use of our AI-powered embedded software development platform.
1. Acceptance of Terms
These Terms govern your access to and use of our AI-powered embedded software development platform, including our website, applications, services, and related software (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of that organization.
2. Description of Service
Embedder provides AI-powered tools and services designed for embedded software engineers and developers, delivered through our Desktop Application, VS Code Extension, and Command Line Tool. Our Services enable you to:
- Upload and process technical documentation, datasheets, and code
- Generate AI-powered insights and assistance for embedded software development
- Receive context-aware recommendations based on your uploaded materials
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you.
Beta and Preview Services. Features designated as "beta," "preview," "alpha," or "experimental" are provided AS-IS, may be modified, withdrawn, or discontinued at any time, and are not subject to any service level commitment, uptime guarantee, or support entitlement.
Service Levels. Service levels, support entitlements, and uptime commitments (if any) are set forth in your Order Form, subscription plan description, or a separate Service Level Agreement. Free and unpaid accounts are not subject to any service level commitment.
3. User Account and Registration
To access our Services, you must register for an account. By creating an account, you represent and warrant that:
- All registration information you provide is accurate, current, and complete
- You will maintain and update your information to keep it accurate and current
- You are at least 18 years old and have the legal capacity to enter into these Terms
- You will not create an account using a false identity or impersonating another person
- You have not been previously suspended or removed from the Services
Account Security: You are solely responsible for maintaining the confidentiality and security of your account credentials. You agree to:
- Safeguard your credentials from unauthorized access
- Accept full responsibility for all activities that occur under your account
- Immediately notify us of any unauthorized access or security breach
- Not share your account credentials with any third party
We are not liable for any loss or damage arising from your failure to maintain account security.
Permitted Users. If you are a paid customer, you may permit your employees and contractors to use the Services for your internal business purposes, provided each such user complies with these Terms and you remain responsible for their use. Each individual user must have their own account; account sharing is not permitted.
4. Acceptable Use Policy
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Violate any applicable federal, state, local, or international law or regulation
- Infringe upon or violate the intellectual property rights of others
- Upload, transmit, or distribute any malicious code, viruses, malware, or harmful content
- Attempt to gain unauthorized access to our systems, networks, or other users' accounts
- Interfere with, disrupt, or create an undue burden on the Services or networks
- Engage in any form of automated data collection (scraping, crawling, harvesting) without express written permission
- Use the Services to develop a product or service that substantially replicates the Services
- Reverse engineer, decompile, disassemble, or attempt to derive source code from our Services, except to the extent such restriction is prohibited by applicable law
- Bypass, circumvent, or attempt to bypass any security features or access controls
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Use the Services to generate content that violates third-party rights or applicable laws
- Exceed usage quotas or rate limits specified in your subscription plan
- Resell, sublicense, or redistribute the Services without explicit written authorization (use by Permitted Users under Section 3 is allowed)
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account and Services, with or without notice, and may result in legal action.
5. Intellectual Property Rights
5.1 Your Content
You retain all ownership rights to the content, documents, code, and data you upload to the Services ("Your Content"). You represent and warrant that:
- You own or have the necessary rights, licenses, and permissions to upload and use Your Content
- Your Content does not infringe upon any third-party intellectual property, privacy, or other rights
- Your Content does not include code, libraries, or other materials subject to license terms (including copyleft, "viral," or similar open-source license obligations) that would impose obligations on Embedder, our subprocessors, or the Services by virtue of processing, hosting, or transmitting Your Content
- You have the authority to grant the license specified below
5.2 License Grant to Us
By uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free license to:
- Store, process, and host Your Content on our servers
- Generate embeddings and derivative representations of Your Content for AI processing
- Transmit Your Content to third-party AI subprocessors to provide the Services
- Use Your Content to provide and maintain the Services
- Create backups and ensure data redundancy
No AI Training on Your Content. We do not use Your Content to train any AI or machine learning models, whether our own or those of third parties.
Confidentiality of Your Content. We treat Your Content as confidential. We will only access or use Your Content for the purposes of providing the Services, system improvements, troubleshooting, and responding to support requests. We will not disclose Your Content to any third party except (i) subprocessors as required to deliver the Services, (ii) as required by law, or (iii) with your consent.
This license terminates when you delete Your Content or close your account, except for: (i) content cached or backed up for up to 90 days, and (ii) content retained to comply with legal obligations.
5.3 AI-Generated Output
Subject to your compliance with these Terms and payment of applicable fees, you own the output generated by the AI Services ("Output"). We do not claim any ownership of Output. To our knowledge, our current third-party AI model providers also do not claim ownership of Output generated through their APIs. However:
- Output may not be unique; other users may receive similar or identical Output
- You are responsible for reviewing, testing, and validating all Output before use in production
- You assume all risk and liability for use of Output
- Permitted uses of Output remain subject to applicable law and the terms of underlying third-party AI model providers, which may change from time to time
5.4 Feedback
If you submit suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and incorporate the Feedback into the Services or any other products for any purpose, without obligation or compensation to you.
5.5 Our Intellectual Property
The Services, including all software, algorithms, AI models, interfaces, designs, trademarks, and proprietary technology, are owned by us or our licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms. All rights not expressly granted are reserved.
6. AI Services Disclaimer and Limitations
Important: AI services are inherently probabilistic and may produce incorrect, incomplete, or misleading Output. By using our Services, you acknowledge and agree that:
- No Accuracy Guarantee: We do not guarantee the accuracy, completeness, reliability, or quality of Output.
- Human Review Required: All Output, including AI-generated code, recommendations, and technical content, must be thoroughly reviewed, tested, and validated by qualified personnel before use.
- No Production Warranties: Output is provided for informational and developmental purposes only and should never be deployed to production systems without comprehensive testing.
- Safety-Critical and Regulated Systems: The Services are not certified to any specific safety, security, or regulatory standard. If you use the Services in connection with safety-critical, regulated, or high-assurance systems (including but not limited to medical devices, aerospace, automotive, defense, nuclear, energy, or industrial control systems), you are solely responsible for ensuring compliance with all applicable standards and certification requirements, including without limitation IEC 62304, IEC 60601, DO-178C, ISO 26262, ISO 21434, IEC 61508, and any applicable FDA, EASA, FAA, EPA, NRC, or other regulatory requirements, and any other functional safety, cybersecurity, or regulatory standard applicable to your industry. We disclaim all warranties regarding suitability of the Services or any Output for such uses, and you must independently validate, verify, test, and certify all Output used in such systems.
- Your Responsibility: You assume full responsibility and liability for testing, validating, and deploying any Output.
- No Professional Advice: Output does not constitute professional engineering, legal, medical, or other expert advice.
- Known Limitations: AI may "hallucinate" (generate plausible but incorrect information), produce biased Output, or have knowledge gaps.
- Third-Party Models: We use AI models from third-party providers, which are subject to their respective limitations and terms.
You expressly acknowledge that use of Output in production systems is entirely at your own risk.
7. Payment, Billing, and Subscriptions
Fees: Use of certain Services requires payment of fees. All fees are stated in U.S. dollars unless otherwise specified. By subscribing to a paid plan, you agree to pay all applicable fees.
Billing: Subscription fees are billed in advance on a recurring basis (monthly or annually). You authorize us to charge your payment method on file for all applicable fees.
Usage-Based Fees: Certain plans may include usage-based charges based on metered consumption (such as AI tokens consumed, processing time, or other resources). You are responsible for all charges incurred under your account.
Taxes: All fees are exclusive of any applicable taxes, including sales tax, VAT, GST, or similar taxes. You are responsible for paying all such taxes associated with your use of the Services, except for taxes based on our net income.
Price Changes: We reserve the right to change our fees at any time. We will provide at least 30 days' advance notice of fee increases for existing subscriptions.
No Refunds: All fees are non-refundable except (i) as required by law, (ii) as expressly stated in these Terms (including the refund for termination without cause described in Section 9.2), or (iii) as set forth in your Order Form.
Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period.
8. Privacy and Data Processing
Your privacy is important to us. Our Privacy Policy describes how we collect, use, store, and protect your information. By using the Services, you consent to our data practices as described in the Privacy Policy.
Key Points:
- We store all documents and content you upload
- We generate and store embeddings of your content for AI processing
- We collect usage telemetry to improve our Services
- Your content may be transmitted to third-party AI providers to deliver the Services
- We do not use Your Content to train any AI models
- We do not sell your data to third parties
Data Location. The Services are currently hosted in the United States. Customers requiring data residency in a specific region should contact us at [email protected] before subscribing; regional hosting may be available under an Enterprise plan.
Data Subject Rights: For details on your rights under applicable data protection laws (including the EU GDPR, UK GDPR, and California Consumer Privacy Act), please refer to our Privacy Policy.
Data Processing Addendum: Enterprise customers and customers subject to GDPR, UK GDPR, or similar regulations may request a Data Processing Agreement (DPA) by contacting us at [email protected].
9. Termination and Suspension
9.1 Termination by You
You may terminate your account at any time through your account settings or by contacting us. Termination will be effective at the end of your current billing period. You will not receive a refund for any prepaid fees, except as expressly provided in these Terms.
9.2 Termination or Suspension by Us
We may suspend or terminate your access to the Services immediately, with or without notice, for:
- Violation of these Terms or our Acceptable Use Policy
- Failure to pay applicable fees
- Fraudulent, illegal, or harmful activity
- Any other material breach of these Terms
- Activity that creates legal, security, or operational risk to us, our other users, or our third-party providers
For paid subscriptions, we may also terminate without cause upon 30 days' written notice. If we terminate a paid subscription for our convenience and you are not in material breach, we will refund the pro-rata portion of any prepaid fees corresponding to the unused remainder of your subscription term. We may terminate free or unpaid accounts at any time for prolonged inactivity or for any other reason.
9.3 Effect of Termination
Upon termination or expiration of these Terms:
- Your right to access and use the Services immediately terminates
- We will delete or anonymize your personal information within 45 days, except as required by law
- Backup copies may be retained for up to 90 days
- You remain liable for all fees incurred prior to termination
- Sections that by their nature should survive termination will continue to apply (including Intellectual Property, Disclaimers, Limitations of Liability, Export Controls, and Dispute Resolution)
10. Disclaimers and Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES REGARDING ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SERVICES
- WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
- WARRANTIES REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF OUTPUT
- WARRANTIES THAT DEFECTS WILL BE CORRECTED
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUTPUT WILL BE ACCURATE OR SUITABLE FOR YOUR USE CASE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMBEDDER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, OR USE
- BUSINESS INTERRUPTION OR LOSS OF GOODWILL
- DAMAGES ARISING FROM USE OF OUTPUT IN PRODUCTION SYSTEMS
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA
- DAMAGES ARISING FROM ERRORS, BUGS, OR INACCURACIES IN THE SERVICES
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH YOUR CLAIM IS BASED (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
12. Indemnification
You agree to indemnify, defend, and hold harmless Embedder, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Your Content (including any claim that Your Content infringes third-party rights or carries open-source obligations) or any Output you deploy
- Your violation of any export control or sanctions laws
- Your negligence or willful misconduct
13. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email (if provided) and/or by posting a notice through the Services at least 30 days before the changes take effect.
Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.
14. Dispute Resolution and Governing Law
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Arbitration: Subject to the exceptions below, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.
Exceptions to Arbitration: Notwithstanding the foregoing, either party may:
(a) bring an individual action in small claims court for any dispute within the jurisdictional limits of that court; and
(b) seek injunctive, preliminary, or other equitable relief in any court of competent jurisdiction to prevent or address (i) actual or threatened infringement, misappropriation, or violation of intellectual property rights, or (ii) breach of confidentiality obligations.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration. If this class action waiver is held unenforceable in your jurisdiction, the arbitration provision in this Section 14 shall be deemed inapplicable to your dispute (but the remainder of these Terms shall remain in effect).
15. Export Controls and Sanctions
You acknowledge that the Services and Your Content may be subject to U.S. and international export control and sanctions laws, including the U.S. Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). You represent, warrant, and covenant that:
- You will not upload, transmit, or share through the Services any technical data, software, or information that is controlled under ITAR (22 C.F.R. Parts 120–130)
- You will not access or use the Services from any country, region, or territory subject to comprehensive U.S. economic sanctions or embargoes
- You will not share access to the Services with any person or entity (i) listed on any U.S. government restricted party list (including the Specially Designated Nationals and Blocked Persons List, the Entity List, or the Denied Persons List), or (ii) owned or controlled by such a person or entity
- You are not, and no person under your account is, a restricted party as described above
- You will comply with all applicable export control, sanctions, and trade laws in your use of the Services
You are solely responsible for determining whether Your Content or your use of the Services is subject to export controls or sanctions, and for obtaining any required licenses or authorizations.
16. Government Customers
Use of the Services by U.S. Government end users, or in performance of a U.S. Government prime or subcontract, is subject to a separate Government Addendum executed by both parties. Without such an addendum, the Services are provided as "commercial computer software" and "commercial computer software documentation" pursuant to FAR 12.212 and DFARS 227.7202, and any flow-down clauses (including those from FAR Part 52 or DFARS Part 252) are expressly excluded.
17. Copyright and DMCA Policy
We respect the intellectual property rights of others and respond to clear notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"). If you believe content available through the Services infringes your copyright, please send a written notice to our designated agent including: (i) your physical or electronic signature; (ii) identification of the copyrighted work; (iii) identification of the material claimed to be infringing and information sufficient to locate it; (iv) your contact information; (v) a statement of good-faith belief that the use is not authorized; and (vi) a statement under penalty of perjury that the information is accurate and that you are authorized to act.
Designated DMCA Agent: [email protected] (subject line "DMCA Notice"). We may terminate accounts of repeat infringers.
18. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy and any Order Form, DPA, or written addendum executed between you and us, constitute the entire agreement between you and us regarding the Services.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, or failures of third-party services.
19. Contact
For questions, concerns, or notices regarding these Terms, please contact us at [email protected]. General inquiries may also be directed to [email protected].