Terms of Services EMBAS

EMBAS is owned and operated by EMBAS Agency OÜ

These are the terms and conditions for:

https://embas.agency/

Will be under responsibility and in charge of:

By using this platform, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refer to the EMBAS platform, "we", "us", "our" and "EMBAS " refer to EMBAS Limited and "user", "you", and "your" refere to you, the EMBAS user. ‍ The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of EMBAS accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY SERVICE OR INFORMATION FROM THE PLATFORM.

1. ACCEPTANCE OF TERMS

By registering and using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the platform and stop using the service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the platform or website. You agree to be bound by any modification of these terms when you use EMBAS after such modification is posted; therefore, it is important that you review this agreement regularly. ‍ You represent and warrant that your use of the platform does not violate any applicable law or regulation. EMBAS may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions. ‍ The platform may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations. ‍ By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. ACCOUNT

If you register on the platform, you will be asked to choose a password and may be asked for additional information such as your name and email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EMBAS of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without EMBAS 's prior authorization. EMBAS will not be liable for any loss or damage arising from your failure to comply with this agreement. ‍ By providing EMBAS with your email address, you agree that we may use your email address to send you notifications, important communications about our services, news and special content. We may also use your email address, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in emails. ‍ Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the removal of all personal data transferred to EMBAS . ‍ EMBAS reserves the right to immediately terminate your account or your access to the platform and to terminate this agreement unilaterally, with or without notice, and without liability to you, if EMBAS believes that you have breached any of these terms, provided EMBAS with false or misleading information, or interfered with any other party's use of the platform or the service.

3. ADVERTISING ACCOUNTS

Users will be able to use the ad accounts provided by EMBAS to publish ad campaigns and top up those ad accounts according to each user's budget. The ad accounts will be available for different platforms such as Facebook, TikTok, Snapchat, Google, etc. Through their user accounts and our platform, users will be able to manage their advertising account top-ups, balances, invoices, educational guides, and more. ‍ The user agrees to assume all responsibility for the advertising accounts and to respect the advertising policies established by the platform used to advertise. It is the sole and exclusive responsibility of the user that their advertising campaigns comply with all advertising policies of the platform they use to advertise. ‍ The user is solely and exclusively responsible for maintaining the balance of the advertising account and shall ensure that the account is topped up on time. Please note that advertisements may be paused if advertising accounts are not topped up on time. EMBAS is not responsible for paused ad campaigns or loss of sales or performance of ad campaigns as a result of an ad account being topped up. Under no circumstances may the user resell or redistribute advertising accounts without EMBAS 's permission. ‍

4. PAYMENTS

Subscriptions and top-ups for advertising accounts will be paid through Wire, Crypto and Card. Subscriptions will be activated upon completion of the payment process and registration of the corresponding subscription. Your credit/debit card will be charged immediately upon completion of the payment process. Once the transaction is processed, we will send you an electronic receipt of the transaction to the email address you provide during the purchase or user registration process. ‍ If you find any inconsistency in your billing, please contact us through our contact details or you can make the claim through the customer service of the corresponding payment platform. ‍ If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch, or you have entered an incorrect security code. ‍ If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be loaded and processed. All payments processed through our platform may be subject to third party processing fees. EMBAS is not obligated to cover these fees and may deduct any fees from top-ups added to an account. ‍ Your payment information will be processed and stored securely and for the sole purpose of processing the purchase of subscriptions. EMBAS reserves the right to engage any commercially available payment platform that processes your data for the sole purpose of processing the purchase of subscriptions.

5. OWNERSHIP AND LICENSES

The intellectual property rights to the platform and the content available on the platform belong exclusively to EMBAS . Any physical or virtual display of the methods or content available on the platform may result in violations of EMBAS 's intellectual property rights. ‍ EMBAS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform provided to you by EMBAS as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by EMBAS , in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. ‍ The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the EMBAS platform or third parties. ‍ This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content (6) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (7) distribute intellectual property without ownership or a license to distribute such property (8) Breach, in any way, the terms of service, privacy policy or rules of this platform or the recipients. ‍ EMBAS reserves the right to terminate your access immediately, with or without notice, and without liability to you, if EMBAS believes that you have violated any of these terms or interfered with the use of the platform or service by others.

Users or owners of the personal information they provide through the platform may exercise these rights over their personal information at any time and without any limitation by sending us their request through our contact information. Users will be able to modify and update personal data through their account settings on the platform.

6. DISCLAIMER

By using the platform and the functionalities included in the platform, you accept personal responsibility for the results of the use of the platform and our services. You agree that EMBAS does not guarantee any results, profits or losses from advertising campaigns published through our services and our advertising accounts. You acknowledge and agree that the ultimate success or failure of advertising campaigns will be the result of your own efforts, your own content, your own particular situation and a number of other circumstances that are beyond EMBAS 's control. The administration of the advertising campaigns, as well as the performance of the advertising campaigns, the success or failure of the advertising campaigns shall be the sole and exclusive responsibility of the users. ‍ By accessing the content available on the platform, you accept personal responsibility for the results of the use of the information and content available on the platform such as educational guides. You agree that EMBAS does not guarantee the results of actions advised or not advised by the content available on the platform. EMBAS provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure in using the information and content available on the platform will be the result of your own efforts, your particular situation and a number of other circumstances beyond EMBAS 's control.

7. CONFIDENTIAL INFORMATION

Information provided by our customers through our services and advertising campaigns including trade secrets of our users will be treated as confidential information and will be used solely for the purpose of providing our services properly. EMBAS will protect such confidential information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to conduct a prospective business relationship, EMBAS may disclose confidential information received pursuant to our services to employees and/or consultants with a need to know, provided that the consultants are obligated to protect such confidential information from unauthorized use and disclosure. Confidential information will not be disclosed to third parties without the prior written consent of the customer who owns the information. Confidential information shall remain confidential after termination of the agreement and services.

8. THIRD-PARTY MATERIALS

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

09. COPYRIGHT

All materials on EMBAS , including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by EMBAS or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on EMBAS are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without EMBAS prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize EMBAS or any part of the material for any purpose other than its intended purposes is strictly prohibited.

10. COPYRIGHT INFRINGEMENT

EMBAS will respond to all inquiries, complaints and claims related to the alleged infringement or violation of the provisions contained in the Estonian and international copyright and intellectual property laws and regulations. EMBAS respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the platform infringes your copyright or other intellectual property rights, please submit your request through our contact information, with the following information:

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that EMBAS can find it on the platform.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

11. USER CONTENT

Some features of the platform may allow users to provide content and information. The user retains the copyright or any other rights it may have on the content it provides through the use of the services. EMBAS is not responsible for the accuracy, safety or legality of content posted through advertising campaigns by users. The user is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the use of the services, the user grants EMBAS a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce and modify the user's content for the sole purpose of providing the advertising campaigns.

12. USER CONTENT REPRESENTATIONS AND WARRANTIES

EMBAS disclaims all liability in connection with user content. The user is solely responsible for the content and the consequences of providing content through the platform. By providing user content through the service, you affirm, represent and warrant that:

  • You are the creator and owner of the content you provide through the platform, or have the necessary licenses, rights, consents and permissions to authorize EMBAS to publish and display your content in advertising campaigns through EMBAS advertising accounts.
  • Your user content does not and will not (i) infringe, violate or misappropriate any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights, rights of privacy, rights of publicity or any other intellectual property or proprietary rights; (ii) libel, defame, slander or invade the privacy, publicity or other proprietary rights of any other person; or (iii) cause EMBAS to violate any law or regulation.
  • Your user content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
  • Your user content does not and will not contain hateful content, a threat of physical harm or harassment.

13. USER CONTENT DISCLAIMER

EMBAS may, at any time and without notice, filter, remove, edit or block any User Content that, in our sole judgment, violates these Terms or is otherwise objectionable. You acknowledge and agree that EMBAS reserves the right to monitor all information transmitted or received through the service for operational and other purposes, and may do so from time to time. If at any time EMBAS decides to monitor content, EMBAS continues to assume no responsibility for the content or any loss or damage incurred as a result of such monitoring. During monitoring, information may be examined, recorded, copied and used in accordance with our privacy policy.

14. PERSONAL DATA

Any personal information you post or submit in connection with the use of the platform will be used in accordance with our privacy policy. Please see our privacy policy.

15. PROHIBITED ACTIVITIES

The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to EMBAS or licensed to the EMBAS by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the services for any purpose without our express written permission.
  • "Frame", "mirror" or otherwise incorporate any part of the services into any other platforms or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by EMBAS in connection with the services.
  • Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
  • Download any content unless it’s expressly made available for download by EMBAS .

16. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet EMBAS provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control. ‍ Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law. ‍ You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse EMBAS for any loss or damage caused as a result. ‍ EMBAS will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God. ‍ These terms do not affect your statutory rights as a consumer which are available to you. ‍ Subject as aforesaid, to the maximum extent permitted by law, EMBAS excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to EMBAS and EMBAS shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the platform.
  • The infringement by any person of any Intellectual property rights of any third party caused by their use of the platform.
  • Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from EMBAS .
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

17. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by EMBAS for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

18. INDEMNIFICATION

You agree to hold harmless, defend and indemnify EMBAS , its officers, directors, employees, agents, and affiliates from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the platform.
  • Your use and access to all of the Advertising Account services provided by EMBAS or its partners.

You agree to cooperate fully with EMBAS in the defense of any such claim. EMBAS reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with EMBAS in asserting any available defenses.

19. CHANGES AND TERMINATION

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

20. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EMBAS without restriction.

21. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by EMBAS , shall constitute the entire agreement between you and EMBAS concerning and governs your use of the platform.

22. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and EMBAS , provided that each party retains the right to bring an individual action in a court of competent jurisdiction. ‍ In the event a dispute arises in connection with the use of the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules. ‍ You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. EMBAS may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand or Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties. ‍ To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and purchase of products posted and offered through the listings available on the platform. ‍ The courts of Estonia shall have jurisdiction over any dispute, controversy or claim relating to EMBAS and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Estonia.

23. FINAL PROVISIONS

These terms and conditions are governed by the laws of Estonia and the European Union. Use of EMBAS platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. ‍ Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use. ‍ If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. ‍ Any rights not expressly granted herein are reserved.

24. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below:

EMBAS Limited.

[email protected]

Estonia Office

Harju maakond, Tallinn, Kesklinna linnaosa, Sakala tn 7-2, 10141, Estonia‍