Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Embedder Tech Inc., a Delaware corporation ("Embedder", "we", "us", "our", or "Company"). These Terms govern your access to and use of our websites at https://embedder.com and https://app.embedder.com and Embedder's Free Tier and Evaluation Period offerings (collectively, the "Services"), as defined below.

PLEASE READ SECTION 13 CAREFULLY. It contains an agreement to resolve disputes through binding individual arbitration instead of in court, and includes a waiver of class action rights and jury trial rights. You have 30 days to opt out of the arbitration agreement, as further described in Section 13.

1. Scope and Acceptance

These Terms apply to everyone who accesses or uses the Services. As used in these Terms, the "Services" include our websites at https://embedder.com and https://app.embedder.com, and all applications, services, and related software that we make available through those websites, the Free Tier, or an Evaluation Period. You must be at least 18 years old and have the legal capacity to enter into these Terms.

These Terms do not govern paid, commercial, or enterprise access to the Embedder Platform. Any such access is governed solely by a separate Master Services Agreement ("MSA"), Order Form, or other written agreement signed by both you and Embedder. If you do not have such a signed agreement, you have no right to paid, commercial, or enterprise access. If you are looking for the terms governing paid access to the Embedder Platform, please contact us at [email protected].

Prior Versions. Earlier versions of these Terms published on this website governed paid access to the Embedder Platform. If you are or were bound by a prior version, you may request a copy of that version in electronic (PDF) format at any time by contacting [email protected].

By accessing or using the Services, or by clicking "I agree" or a similar button or checkbox when that option is presented, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the 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 the Embedder Enterprise Platform, an AI agent for embedded software development that autonomously writes, tests, and debugs firmware (the "Platform"). The Platform ingests device datasheets, reference manuals, and EDA schematics to generate hardware-specific code. Through a coordinated set of specialized agents, the Platform builds, flashes, and exercises firmware on real hardware (driving debug probes, logic analyzers, power profilers, and oscilloscopes) and closes the loop by diagnosing and repairing failures automatically. Among other things, the Services enable you to:

• Upload and process device datasheets, reference manuals, EDA schematics, and code
• Generate hardware-specific firmware, insights, and assistance for embedded software development
• Build, flash, test, and debug firmware on real hardware using connected lab instruments
• Receive context-aware recommendations based on your uploaded materials

The Platform supports a broad range of microcontrollers and peripherals across major ecosystems, and is delivered as a command-line tool and VS Code extension for macOS, Linux, and Windows. Supported hardware, integrations, and delivery mechanisms may change from time to time.

Free Tier. The "Free Tier" is ongoing access to a limited version of the Platform at no charge. Free Tier usage is metered in credits and is subject to credit caps, rate limits, feature restrictions, supported-hardware restrictions, and any other limits we determine. We may set, reduce, increase, expire, or otherwise change credits and limits at any time in our sole discretion. Free Tier credits have no cash value, are non-transferable, and do not create any entitlement to future access or functionality.

Evaluation Period. An "Evaluation Period" is a time-limited grant of full access to our then-current Enterprise Platform at no charge, provided solely so you can internally evaluate the Platform. We determine the duration, scope, users, and any usage limits for an Evaluation Period in our sole discretion. An Evaluation Period is not a pilot, paid engagement, or commitment to enter into a commercial relationship, and we may shorten, limit, or end it at any time.

We may add, modify, limit, suspend, or discontinue any or all of the Services, credits, features, or availability at any time, for any reason or no reason, with or without notice and without liability to you. We have no obligation to maintain any feature, integration, compatibility, content, Output, or level of access.

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 and Availability. The Services are provided on an "as-is" and "as-available" basis. The Services are not subject to any service level agreement, uptime or response-time commitment, maintenance obligation, support entitlement, service credit, or other availability guarantee. Any support we choose to provide is discretionary and may be modified or withdrawn at any time.

3. User Account and Registration

You may access portions of the Services without an account. To access the Free Tier or an Evaluation Period, 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.

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, or to develop artificial intelligence models or products that compete with Embedder's products and 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
• Represent AI-generated output or other AI-generated interactions through the Services as being human-generated when they are not
• Use the Services for timesharing or service-bureau purposes, or otherwise make the Services available to any third party
• Remove any product identification, proprietary, copyright, or other notices from the Services
• 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 or circumvent Free Tier credit caps, Evaluation Period limits, usage quotas, or rate limits
• Resell, sublicense, or redistribute the Services without explicit written authorization
• Use the Free Tier, an Evaluation Period, or Output for commercial, production, revenue-generating, or customer-facing purposes
• Create or use multiple accounts, identities, organizations, or other means to avoid Free Tier credit caps, Evaluation Period limits, usage quotas, or rate limits

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, schematics, 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
• If Your Content includes open-source or copyleft-licensed code, libraries, or other materials, you have the right to use and submit them and will comply with all applicable license terms
• You will not use the Services or combine or distribute Output in a manner that requires Embedder to disclose source code, license the Services or our proprietary technology to any third party, or otherwise assume obligations beyond the limited processing of Your Content described in these Terms
• You have the authority to grant the license specified below

5.2 License Grant to Us

By uploading, submitting, transmitting, or otherwise making Your Content available through the Services, you grant Embedder a worldwide, non-exclusive, royalty-free license to host, store, cache, copy, process, transmit, modify, and create technical derivative representations of Your Content only to the extent reasonably necessary to:

• Provide the Services and generate the Output you request
• Generate and store embeddings and other technical representations needed to provide context-aware features
• Maintain, secure, support, and troubleshoot the Services, prevent fraud and abuse, and comply with law
• Conduct internal quality evaluations and improve the same Services, provided that we do not use Your Content to train generalized AI models

We may sublicense these rights only to our affiliates and service providers, including AI model providers, that process Your Content on our behalf for the limited purposes above. We do not permit those providers to use Your Content to train generalized AI models.

This license lasts only while we retain Your Content in accordance with our Privacy Policy and ends when Your Content is deleted. After deletion, we may continue to use aggregated or de-identified metrics that cannot reasonably identify you or reconstruct Your Content, and we may retain information where required by law. This license does not permit public disclosure of Your Content or any use that would violate Section 5.6 or our Privacy Policy.

5.3 AI-Generated Output

The code, text, recommendations, and other materials generated by the Services are "Output." We do not transfer or assign to you any right, title, or interest that we may have in Output. Subject to your continuing compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use Output solely for your internal evaluation of the Services. Output may not be used for any commercial, production, revenue-generating, or customer-facing purpose. No other rights in Output are granted.

• Output may not be unique; other users may receive similar or identical Output
• You are responsible for reviewing, testing, and validating all Output before relying on it for any purpose
• 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, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services in accordance with these Terms. Free Tier and Evaluation Period functionality, and any Output generated through that functionality, may be used solely for internal evaluation. All rights not expressly granted are reserved.

5.6 Confidential Information

Each party may have access to non-public information of the other party that is either (a) marked or otherwise designated as confidential, or (b) not generally available to the public and that reasonably should be understood to be confidential given its nature and the circumstances of disclosure ("Confidential Information"). Confidential Information includes only such non-public information; it does not include any aspect of the Services or other materials that we make generally available, demonstrate publicly, publish, or otherwise release to the public. By way of example, our Confidential Information may include non-public or unreleased features and functionality, non-public pricing, internal technology, and product roadmaps, in each case to the extent not generally available to the public; and your Confidential Information includes Your Content. Confidential Information does not include information that (i) is or becomes publicly available through no fault of the receiving party, (ii) was rightfully known to the receiving party without a duty of confidentiality, (iii) is rightfully received from a third party without restriction, or (iv) is independently developed without use of or reference to the disclosing party's Confidential Information.

The receiving party will use the disclosing party's Confidential Information only as necessary to exercise its rights and perform its obligations under these Terms, will protect it using at least reasonable care, and will not disclose it except to its personnel, advisors, or subprocessors who need to know it and are bound by confidentiality obligations no less protective than these. The receiving party may disclose Confidential Information to the extent required by law, provided that, where legally permitted, it gives reasonable prior notice to the disclosing party.

The license in Section 5.2 is subject to this Section 5.6. If Section 5.2 conflicts with this Section, this Section controls, and we may use or disclose Confidential Information only as permitted by both sections.

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/SAE 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. Privacy and Data Processing

Our Privacy Policy describes how we collect, use, store, share, and protect personal information, and our Cookie Policy describes our use of cookies and similar technologies. By using the Services, you acknowledge that you have read those policies. This acknowledgment is not consent where applicable law requires separate consent, which we will request separately. If these Terms conflict with the Privacy Policy concerning the collection, use, disclosure, retention, or other processing of personal information, the Privacy Policy controls.

Key Points:

• We process the code, documentation, and schematics you provide to construct requests to our AI providers
• We generate and store vector embeddings of documents you upload for reference (such as datasheets and reference manuals) to enable context-aware AI assistance
• 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 generalized AI models or permit third-party model providers to use it for generalized model training
• We do not sell personal information for money, and we do not sell Your Content or use it for advertising. Some U.S. state privacy laws may classify certain advertising, analytics, or visitor-identification disclosures as a "sale" or "sharing" of personal information

Where applicable, you may opt out of advertising-related sale or sharing using the "Do Not Sell or Share" or "Privacy Choices" control in our website footer or by enabling a Global Privacy Control signal. See the Privacy Policy and Cookie Policy for details.

Your Backup Responsibility. You are responsible for maintaining your own backups of Your Content. The Services are not intended to serve as your sole repository or system of record, and you should retain independent copies of any data that is important to you. To the maximum extent permitted by law, we are not liable for any loss, corruption, or deletion of Your Content.

Data Location. The Services are currently hosted in the United States.

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.

8. Termination and Suspension

8.1 Termination by You

You may terminate these Terms at any time by closing your account and ceasing all access to and use of the Services.

8.2 Termination or Suspension by Us

We may limit, suspend, or terminate your account, these Terms, or your access to any or all of the Services at any time, for any reason or no reason, with or without notice, in our sole discretion and without liability to you. Without limiting that right, we may take such action for:

• Violation of these Terms or our Acceptable Use Policy
• 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
• Your insolvency or bankruptcy, an assignment for the benefit of creditors, or your cessation of business in the ordinary course
• Circumstances in which our provision of the Services to you is prohibited by applicable law

No Liability for Suspension. To the maximum extent permitted by law, we will have no liability for any damage, liabilities, or losses (including any loss of data, Output, access, business opportunity, or profits) arising from or related to any limitation, suspension, or termination.

8.3 Effect of Termination

Upon termination or expiration of these Terms:

• Your right to access and use the Services immediately terminates
• We will complete erasure of account records and Your Content associated with your terminated account within 45 days, subject to the retention, legal-hold, backup, and other exceptions described in our Privacy Policy
• Backup copies may be retained for the period described in the retention schedule in our Privacy Policy
• Sections that by their nature should survive termination will continue to apply, including the provisions concerning Intellectual Property, Confidential Information, Disclaimers, Limitations of Liability, Indemnification, Export Controls, and Dispute Resolution

We have no obligation to retain or provide access to Your Content or Output after termination and may delete either immediately, subject to applicable law and our Privacy Policy. Termination does not affect processing lawfully completed before termination. Any use after deletion is limited to the de-identified metrics and legally required retention described in Section 5.2.

9. 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, TITLE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE
• 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.

Connected Hardware. The Services may build, flash, execute, and debug firmware on, and otherwise operate, hardware and instruments you connect to the Services (including development boards, microcontrollers, debug probes, logic analyzers, power profilers, oscilloscopes, and other devices or test equipment). You are solely responsible for the selection, configuration, connection, and supervision of such hardware. To the maximum extent permitted by law, we disclaim all warranties that the Services will operate any connected hardware correctly or without damage, and we are not liable for any damage to, degradation of, or loss of use of any hardware, devices, or equipment arising from your use of the Services.

Third-Party Services and Links. The Services may link to, display, integrate with, operate on, or depend on websites, content, services, software, hardware, or systems provided by third parties or by you ("Third-Party Services"), including cloud hosting and third-party AI model providers. We do not control or endorse, and make no representations or warranties regarding, Third-Party Services. The availability and operation of the Services may depend on them, and your failure to provide adequate access to a Third-Party Service you control may interrupt or degrade the Services. You are responsible for obtaining all rights needed to use Third-Party Services you connect and for complying with their applicable terms and privacy notices. Any separate, direct interaction between you and a third-party provider is solely between you and that provider.

10. 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
• DAMAGE TO, DEGRADATION OF, OR LOSS OF USE OF ANY HARDWARE, DEVICES, OR TEST EQUIPMENT CONNECTED TO OR OPERATED BY THE SERVICES
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA
• DAMAGES ARISING FROM ERRORS, BUGS, OR INACCURACIES IN THE SERVICES

IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH YOUR CLAIM IS BASED (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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.

11. 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

Procedure. We will provide you with notice of any claim subject to indemnification. You are responsible for reasonable defense costs and expenses. We may, at your expense, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense. If we do not assume control, you will defend the claim using counsel reasonably acceptable to us. You may not settle any claim without our prior written consent if the settlement imposes any obligation, liability, admission, or restriction on us.

No Indemnification by Us. Except as expressly set forth in a separate Master Services Agreement (MSA) or Order Form signed by both parties, we provide no indemnification of any kind, including for any claim that the Services infringe or misappropriate the intellectual property rights of any third party. Any such indemnification is available only to enterprise customers under a signed MSA or Order Form.

12. Changes to Terms

We may modify these Terms from time to time. If we make a materially adverse change, we will provide at least 30 days' advance notice by email or through a prominent notice in the Services. The notice will state when the revised Terms take effect. Changes required to comply with law or address an urgent security, fraud, or abuse risk may take effect sooner, and we will provide notice as soon as reasonably practicable.

A material change to Section 13 will not apply to a dispute of which we had actual notice before the change takes effect, and we will request renewed affirmative acceptance before applying a materially revised arbitration agreement to you. For other changes, your continued use of the Services after the effective date constitutes acceptance. If you do not agree, you must stop using the Services.

13. Dispute Resolution

Please read this section carefully. It affects your legal rights, including your right to sue in court and your right to a jury trial.

13.1 Applicability

Except as described below, you and Embedder agree to resolve all disputes arising out of or relating to the Services or these Terms through binding individual arbitration—not in court. Exceptions include: (i) claims that qualify for small claims court, brought on an individual basis; and (ii) requests for equitable relief related to intellectual property (such as trademarks, trade secrets, or copyrights). This arbitration agreement applies to all claims, including those that arose before you agreed to these Terms.

13.2 Try to Resolve First

Before starting arbitration, the parties agree to try to resolve the dispute informally. The party raising the dispute must send written notice (an "Informal Notice") to the other party. Within 45 days of receiving that Informal Notice, the parties will meet by phone or video in good faith to try to work things out. Embedder's notice address: [email protected] or Embedder Tech Inc., 2261 Market Street STE 95828, San Francisco, CA 94114. If the informal dispute resolution process doesn't resolve the dispute within 60 days, either party may start arbitration.

13.3 Arbitration Rules

Arbitrations will be administered by JAMS (www.jamsadr.com). Claims under $250,000 (excluding fees and interest) will use JAMS' Streamlined Arbitration Rules; larger claims will use JAMS' Comprehensive Arbitration Rules. Unless the parties agree otherwise, arbitration will be conducted in the county where you live. All arbitration materials and documents are confidential.

13.4 Arbitration Request

The arbitration request must include: (i) your contact information and account username (if applicable); (ii) a description of the claims and supporting facts; (iii) the relief you're seeking and a good-faith damages estimate; (iv) confirmation that you completed the informal resolution process; and (v) proof of any required filing fee payment.

13.5 Authority of Arbitrator

The arbitrator has authority to resolve all arbitrable disputes, including questions about the scope and enforceability of this arbitration agreement—except that courts (not arbitrators) will decide: (i) challenges to the class action waiver below; (ii) disputes about arbitration fees; (iii) whether a condition precedent to arbitration has been satisfied; and (iv) which version of this agreement applies. The arbitrator may award the same relief as a court, but on an individual basis only. The arbitrator's award is final and binding, and judgment may be entered in any court with jurisdiction.

13.6 Waiver of Jury Trial

BY AGREEING TO ARBITRATION, YOU AND EMBEDDER WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL COVERED CLAIMS.

13.7 Waiver of Class Actions

ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER YOU NOR EMBEDDER MAY BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. The arbitrator may only award relief on an individual basis. If a court finds this class action waiver unenforceable as to a specific claim, that claim may be litigated in state or federal court in San Francisco, California; all other claims remain subject to arbitration.

13.8 Attorneys' Fees

Each party bears its own attorneys' fees unless the arbitrator finds a claim was frivolous or brought for an improper purpose.

13.9 Batch Arbitration

If 100 or more substantially similar arbitration demands are filed against Embedder within a 30-day period by the same law firm or coordinated group, JAMS will batch them into groups of 100 and appoint one arbitrator per batch, with one set of fees per batch.

13.10 Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to Embedder Tech Inc., 2261 Market Street STE 95828, San Francisco, CA 94114 or [email protected]. Your notice must include your name, address, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms.

13.11 Severability

If any part of this arbitration agreement is found invalid, it will be modified to the minimum extent necessary to make it enforceable; the rest of the agreement remains in effect.

14. 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.

15. 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.

16. California Consumer Notice

This notice is provided for California consumers under California Civil Code Section 1789.3. The provider of the Services is Embedder Tech Inc., 2261 Market Street STE 95828, San Francisco, CA 94114. Free Tier and Evaluation Period access under these Terms are provided for $0. Any paid, commercial, or enterprise access requires a separate written agreement signed by you and Embedder.

To resolve a complaint regarding the Services or to receive further information, contact [email protected] or write to the address above. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

California residents may have additional privacy rights. See our Privacy Policy for details and instructions for exercising those rights.

17. Copyright Complaints

We respect the intellectual property rights of others and review clear copyright complaints. If you believe material available through the Services infringes your copyright, email [email protected] with identification of the copyrighted work, identification and location of the material at issue, your contact information, and an explanation of why you believe the use is unauthorized.

We may remove or restrict access to material in response to a complaint and may suspend or terminate accounts of repeat infringers where appropriate.

18. General Provisions

Governing Law: These Terms and any dispute arising out of or related to these Terms or the Services will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. For any claim or dispute not subject to the arbitration provisions in Section 13, you and Embedder irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California. Notwithstanding the foregoing: (a) either party may bring an action in any court of competent jurisdiction for injunctive or other equitable relief to protect its intellectual property rights (including patents, copyrights, trademarks, and trade secrets); and (b) either party may bring an individual action in small claims court for claims within that court's jurisdictional limits.

Entire Agreement: These Terms, together with our Privacy Policy, Cookie Policy, and any documents expressly incorporated into these Terms, constitute the entire agreement between you and us regarding the Services. These Terms do not form part of or govern any paid, commercial, or enterprise access. Any such access is governed solely by the applicable MSA, Order Form, or other written agreement signed by both you and Embedder.

Severability: If any provision of these Terms is found to be invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable, and 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.

Electronic Communications: You agree that we may provide notices and other communications electronically, including by email to the address associated with your account or by posting them through the Services. Electronic communications satisfy any legal requirement that a communication be in writing. You are responsible for keeping your account email address current.

Publicity: We will not use your name, your organization's name, or any logo or trademark in marketing materials, customer lists, or public announcements without prior written consent. Any authorized use will follow the trademark guidelines you provide.

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].