General terms

Eligibility

To use Embera's services you must be of legal capacity to enter into contracts and not prohibited by local law. Services are intended for businesses, enterprises, and authorized professionals.

Users must be at least 18 years old or the legal age to form a contract in their jurisdiction. Minors are not eligible to purchase or contract services directly.

You agree to use the services lawfully. Prohibited uses include fraud, intellectual property infringement, malware distribution, and activities that violate applicable laws or third-party rights.

Embera provides services primarily from Canada and may limit availability in certain jurisdictions. It is your responsibility to comply with local export controls and regulations.

Services

Embera delivers tailored software development, integration, and support services. Scope, deliverables, timelines, and acceptance criteria are defined in individual statements of work or project agreements.

Embera may modify service features or offerings. Material changes affecting existing contracts will be communicated and handled through contract amendments or agreed project change orders.

We aim to maintain availability of client services, but scheduled maintenance or necessary upgrades may cause temporary interruptions. Critical downtime notifications will be communicated in advance when possible.

User content

You may provide data, content, or materials for use in your project. You retain ownership of your pre-existing content and are responsible for ensuring you have rights to provide it.

Clients retain ownership of their proprietary business data and any custom content supplied to Embera, subject to license grants needed to perform the services.

By providing content, you grant Embera a non-exclusive, limited license to use, reproduce, and process that content solely to deliver contracted services and support.

You represent that your content does not violate third-party rights or laws. Embera may refuse or remove content that is illegal, infringing, or harmful.

Upon contract termination, Embera will return or delete client content according to the agreed retention schedule and applicable law, subject to any required backups.

Paid services

Fees for development, licensing, hosting, and support are set out in project proposals or subscription agreements. Payment terms are stated in the applicable agreement.

Prices are based on the defined scope and resources. Custom features, integrations, or expedited timelines may affect final pricing and will be documented in change orders.

Invoices are payable by the date specified. Acceptable methods are electronic bank transfer, credit card, or other methods agreed in writing. Late payments may incur interest and suspension of services.

Subscription services renew monthly or annually as specified. Cancellation requests must follow the notice period in the subscription agreement to avoid renewal charges.

Refunds for paid services are handled per the specific contract or plan terms. Refunds are not automatic and are assessed based on work performed and the contractual exit terms.

Either party may terminate services in accordance with the termination clause and any notice periods. Cancellation may result in final invoicing for work completed through termination.

Client is responsible for applicable taxes, duties, or levies related to payments unless a valid tax exemption is provided.

Embera may revise prices for future billing periods with notice. Existing contracts will follow the pricing terms they specify and any agreed amendments.

Non-payment may result in suspension or termination of services. Embera may recover unpaid amounts plus reasonable costs of collection where permitted by law.

Disclaimer

Embera provides services using reasonable skill and care. Outcomes depend on the information provided and collaboration with clients. Embera does not make absolute performance promises or projections beyond documented deliverables.

Third-party services

Embera may use third-party platforms, libraries, or services to deliver solutions. Use of those components is subject to the third parties' terms and privacy policies; clients must accept those additional terms where applicable.

Privacy

Embera's handling of personal data is governed by the Privacy Policy available at https://asbera.tech/privacy. That policy explains data collection, use, retention, and user rights.

Changes to terms

Embera may update these Terms of Service. Material changes will be communicated and, for customers under active contracts, implemented according to contract amendment procedures.

Disputes

Disputes should be raised promptly through our support channels. Parties agree to seek amicable resolution through negotiation before pursuing formal action. Applicable law and jurisdiction are specified below.

Account access

Accounts grant access to project dashboards, code repositories, and collaboration tools. You are responsible for account credentials and authorized users.

Provide accurate, current information for account registration and project requirements. Notify Embera of changes that could affect service delivery.

Protect your account credentials and use available security features, such as multi-factor authentication. Notify Embera immediately of any suspected unauthorized use.

Accounts and subscriptions are non-transferable without Embera's prior written consent, except as part of a corporate transfer under agreement terms.

If you suspect compromise of your account, notify Embera support immediately so we can take defensive steps and advise on remediation.

Embera may suspend accounts that violate these terms, for non-payment, or to address security concerns. Suspension details will be provided where feasible.

Usage rules

When using Embera services you must comply with these basic rules to maintain a safe and productive environment for all clients.

• Do not attempt to bypass access controls or security measures.
• Do not upload malicious code or content that harms systems or users.
• Respect third-party intellectual property and licensing obligations.
• Provide truthful information during onboarding and project communications.
• Use services only for lawful and authorized business purposes.
• Respect usage limits and resource constraints defined in your plan.
• Report vulnerabilities or security incidents promptly to Embera support.

Intellectual property

Intellectual property rights are allocated according to each project agreement. Typically, Embera retains rights to pre-existing tools and frameworks while clients receive ownership or licenses for delivered custom code as specified in the contract.

• You may not reproduce or distribute Embera-owned pre-existing components beyond the license granted in your agreement.
• Reverse engineering of licensed components is prohibited except where permitted by law.
• Respect third-party license terms embedded in delivered solutions; Embera will disclose such components in project documentation.

Limitation of liability

To the extent permitted by law, Embera's liability for direct damages arising from services is limited to amounts paid for the specific services during the prior 12 months. Embera is not liable for indirect, incidental, or consequential losses.

Termination

Either party may terminate for material breach if the breach remains uncured after notice and the applicable cure period. Termination procedures and obligations are outlined in the project agreement.

Upon termination, outstanding fees become due, and Embera will cease work and, where agreed, return client materials. Ongoing obligations such as confidentiality survive termination.

Communications

Official communications may be sent by email, postal mail, or through project portals. Notices required by law will be sent to the addresses on file for each party.

Governing law

These terms are governed by the laws of Ontario, Canada. Parties submit to the exclusive jurisdiction of courts in Ontario for resolution of disputes, unless an alternative jurisdiction is agreed in writing.