Terms and Conditions

1. Legal Agreement and Binding Nature

These Terms and Conditions constitute a legally binding agreement between you and Ember. By accessing our website or engaging our services, you acknowledge that:

You have read and understood these terms in their entirety
You accept all provisions without modification or reservation
You possess the legal capacity to enter into binding agreements
Your use of our services constitutes acceptance of these terms
These terms are enforceable in accordance with applicable law

If you do not agree with any provision of these Terms and Conditions, you must immediately cease using our website and services.

2. User Obligations and Responsibilities

2.1 Legal Compliance

You agree to comply with all applicable laws, regulations, and ordinances when using our services, including but not limited to:

Intellectual property laws and copyright regulations
Data protection and privacy legislation
Export control and trade sanction laws
Anti-money laundering and anti-corruption regulations
Consumer protection and commercial transaction laws

2.2 Prohibited Conduct

You expressly agree not to engage in any of the following activities:

Fraudulent Activities

Engaging in any form of fraud, misrepresentation, or deceptive practices

Unauthorized Access

Attempting to gain unauthorized access to our systems, networks, or data

Harmful Content

Uploading or distributing viruses, malware, or other harmful code

Harassment or Abuse

Harassing, threatening, or abusing other users or our personnel

Intellectual Property Violations

Infringing upon the intellectual property rights of Ember or third parties

2.3 Content Guidelines

When submitting content through our services, you warrant that such content:

Does not violate any third-party rights, including copyright, trademark, or privacy rights
Does not contain defamatory, obscene, or offensive material
Is accurate and not misleading in any respect
Complies with all applicable laws and regulations

2.4 Age Restrictions

Our services are intended for individuals who are at least 18 years of age. By using our services, you represent that you meet this age requirement. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian.

3. Liability and Warranties

3.1 Disclaimer of Warranties

EXPRESS DISCLAIMER: Our services are provided on an "as is" and "as available" basis without any warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement of intellectual property
Accuracy, reliability, or completeness of information
Uninterrupted, timely, or error-free service
Correction of defects or errors

3.2 Limitation of Liability

To the maximum extent permitted by applicable law, Ember and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for:

Indirect Damages

Any indirect, incidental, special, consequential, or punitive damages

Business Losses

Loss of profits, revenue, data, business opportunities, or goodwill

Service Interruptions

Damages resulting from service interruptions, errors, or unavailability

Third-Party Actions

Damages arising from third-party actions or content

3.3 Liability Cap

In no event shall our total aggregate liability to you for all claims arising from or related to these Terms and Conditions or your use of our services exceed the greater of:

The total amount you have paid to Ember in the twelve months immediately preceding the claim; or
Ten thousand Swedish Kronor (10,000 SEK)

3.4 Exclusion of Consequential Damages

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law. The limitations in this section apply regardless of the theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise.

4. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Ember, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

Breach of Terms

Your violation of these Terms and Conditions or any applicable law

Infringement Claims

Infringement of any intellectual property or other rights of third parties

User Content

Any content or materials you submit through our services

Negligent Acts

Your negligent or wrongful conduct in connection with our services

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

5. Legal Information and Dispute Resolution

5.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of Sweden, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

5.2 Jurisdiction and Venue

You irrevocably consent to the exclusive jurisdiction and venue of the courts located in Stockholm, Sweden for all disputes arising from or relating to these Terms and Conditions or your use of our services. You waive any objection to jurisdiction or venue in such courts.

5.3 Dispute Resolution Procedures

In the event of any dispute, controversy, or claim arising from these Terms and Conditions:

1

Informal Resolution

Parties shall first attempt to resolve the dispute through good faith negotiations within 30 days

2

Mediation

If informal resolution fails, parties may agree to submit the dispute to mediation

3

Litigation

Unresolved disputes shall be submitted to the exclusive jurisdiction of Swedish courts

5.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

6. Force Majeure

Neither party shall be liable for any failure to perform its obligations under these Terms and Conditions if such failure results from events beyond its reasonable control, including but not limited to:

Acts of God, natural disasters, or severe weather

War, terrorism, civil unrest, or government actions

Pandemics, epidemics, or public health emergencies

Labor disputes, strikes, or lockouts

Internet or telecommunications failures

Cyber attacks or security breaches

The affected party shall promptly notify the other party of the force majeure event and make reasonable efforts to mitigate its effects.

7. Privacy and Data Protection

Your use of our services is subject to our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By accepting these terms, you acknowledge that:

You have read and understood our Privacy Policy
You consent to the collection, use, and disclosure of your personal data as described in the Privacy Policy
We process personal data in accordance with applicable data protection laws, including GDPR
You have the rights specified in our Privacy Policy regarding your personal data

For detailed information about our data practices, please review our complete Privacy Policy.

8. General Legal Provisions

8.1 Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these terms, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

8.2 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Ember regarding your use of our services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

8.3 No Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver shall be deemed a continuing waiver.

8.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without our prior written consent. We may freely assign or transfer our rights and obligations under these terms.

8.5 Headings

The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

8.6 Language

These Terms and Conditions are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

9. Modifications to Terms

We reserve the right to modify or replace these Terms and Conditions at any time at our sole discretion. Material changes will be notified through:

Posting the updated terms on our website
Updating the "Effective Date" at the top of this document
Providing reasonable notice for significant changes

Your continued use of our services following the posting of revised Terms and Conditions means you accept and agree to the changes. It is your responsibility to review these terms periodically.

10. Contact Information

For questions regarding these Terms and Conditions, please contact:

Ember - Legal Department

Address: Kungsgatan 44, 111 35 Stockholm, Sweden

Email: info@emb-er.com

Phone: +46 8 723 41 86