Terms and Conditions
Effective Date: 5-19-25
Welcome to Embarcadero AI!
By accessing and using our website and services, you agree to comply with and be bound by the following Terms and Conditions. Please read them carefully.
1. General Terms
Embarcadero AI ("we," "our," or "us") provides AI automation, digital solutions, data analysis, and related services ("Services"). By accessing and using our website ([www.embarcaderoai.com](http://www.embarcaderoai.com)) and any related Services, you agree to abide by these Terms and Conditions, as well as all applicable laws and regulations.
2. Services
Our Services include, but are not limited to:
* AI automation solutions
* Data analysis and insights
* Digital marketing strategies
* Custom software development
We reserve the right to modify, suspend, or discontinue any aspect of the Services at our sole discretion and without prior notice.
3. Client Responsibilities
By engaging with Embarcadero AI, you agree to provide accurate, complete, and up-to-date information as requested for the successful delivery of our Services. You are responsible for ensuring that all content, materials, and data you provide do not violate any third-party rights, including intellectual property rights.
4. Acceptable Use Policy
You agree not to use our website or Services for any unlawful, harmful, or abusive purpose. This includes, but is not limited to:
* Attempting to gain unauthorized access to systems, networks, or accounts;
* Disrupting or interfering with the functionality, security, or availability of our Services;
* Uploading or transmitting viruses, malware, or other malicious code;
* Violating any applicable laws, regulations, or third-party rights;
* Using our Services to harass, defame, or otherwise cause harm to others.
We reserve the right to suspend or terminate your access to the Services if you engage in any prohibited conduct.
5. Payment Terms
Our Services are offered for a fee, which will be agreed upon in a separate contract or agreement. Payment terms, including schedules and amounts, will be clearly outlined in the contract. All invoices are due according to the terms specified in the agreement. Late payments may incur additional charges.
6. Privacy and Data Protection
We value your privacy. For information on how we collect, use, and protect your personal data, please refer to our [Privacy Policy] By using our Services, you consent to the collection and use of your information in accordance with our Privacy Policy.
7. Cookies and Tracking Technologies
By using our website and consenting through the cookie banner, you agree to our use of cookies as described in our Cookie Policy. You can manage your preferences at any time through your browser settings..
8. Third-Party Services and Links
Our website may contain links to third-party websites, platforms, or services that are not owned or controlled by Embarcadero AI. We are not responsible for the content, policies, or practices of any third-party websites or services. Your use of such third-party services is subject to their respective terms and privacy policies.
9. Intellectual Property
All content provided by Embarcadero AI—including, but not limited to, text, graphics, logos, images, videos, and software—is the property of Embarcadero AI or its content providers and is protected by copyright laws. You may not use, copy, distribute, or modify our content without express written permission.
10. Service Availability and Force Majeure
We strive to maintain the availability and performance of our Services. However, we do not guarantee uninterrupted or error-free operation. Embarcadero AI is not liable for any failure or delay in providing Services due to circumstances beyond our reasonable control, including but not limited to:
* Acts of God
* Power outages
* Internet or communication failures
* Acts of government
* Strikes, labor disputes, or other industrial disturbances
11. Limitation of Liability
Embarcadero AI makes every effort to ensure the accuracy and quality of the Services. However, we do not guarantee specific results or outcomes. You acknowledge that the use of our Services is at your own risk. We will not be liable for any indirect, incidental, or consequential damages arising from your use of our Services.
12. Indemnification
You agree to indemnify and hold harmless Embarcadero AI, its affiliates, and employees from any claims, damages, losses, or expenses (including legal fees) arising from your use of our Services or violation of these Terms and Conditions.
13. Termination
Either party may terminate the relationship at any time with written notice. In the event of termination, you remain responsible for payment for any Services rendered up to the date of termination.
14. Refund Policy
Due to the nature of our customized digital services, all sales are considered final. However, we are committed to client satisfaction and will work with you to address any issues with the services delivered.
Refunds may be granted at our sole discretion under the following conditions:
The service was not delivered as outlined in the agreed-upon contract or scope of work.
You request a refund in writing within 14 days of service delivery.
The issue cannot be resolved through reasonable revisions or support.
Refunds will not be provided for:
Change of mind after services have been initiated.
Delays caused by the client, including late communication or failure to provide required assets or approvals.
Completed services or deliverables already approved by the client.
All refund requests must be submitted in writing to [email protected] and include a clear explanation of the issue.
We reserve the right to approve or deny refund requests at our sole discretion.
15. Dispute Resolution
In the event of a dispute arising from these Terms and Conditions or the use of our Services, both parties agree to attempt to resolve the issue in good faith. If a resolution cannot be reached through negotiation, the dispute may be submitted to mediation in Temecula, California, before pursuing formal legal action.
Nothing in this section prevents either party from seeking immediate injunctive relief when necessary.
16. Governing Law
These Terms and Conditions are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising from the use of our Services or these Terms will be subject to the exclusive jurisdiction of the courts located in Temecula, California.
17. Changes to Terms and Conditions
Embarcadero AI reserves the right to update or change these Terms and Conditions at any time. Any changes will be posted on this page, and the "Effective Date" will be updated accordingly. It is your responsibility to review these Terms periodically for any updates.
18. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Email: [[email protected]]
Phone: +1 619-949-1385
Office Address: 30650 Rancho California Road, Temecula, California