Terms of Service
Last updated: December 30, 2025
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Embedder ("we", "us", "our", or "Company") governing your access to and use of our AI-powered embedded software development platform, including our website, API, services, and related software (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our 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 AI-powered tools, APIs, and services designed for embedded software engineers and developers. Our Services enable you to:
- Upload and process technical documentation, datasheets, and code
- Generate AI-powered insights and assistance for embedded softrware development
- Access AI models through our API for firmware development tasks
- Receive context-aware recommendations based on your uploaded materials
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you.
3. User Account and Registration
To access our Services, 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 (username, password, API keys). You agree to:
- Safeguard your password and API keys 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 competing products or services
- Reverse engineer, decompile, disassemble, or attempt to derive source code from our Services
- 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
- 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 API rate limits or usage quotas specified in your subscription plan
- Resell, sublicense, or redistribute the Services without explicit written authorization
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, 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
- You have the authority to grant the license specified below
5.2 License Grant to Us
By uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free license to:
- Store, process, and host Your Content on our servers
- Generate embeddings and derivative representations of Your Content for AI processing
- Transmit Your Content to third-party AI providers (OpenAI, Anthropic, Google) to provide the Services
- Use Your Content to provide, maintain, and improve our Services
- Create backups and ensure data redundancy
This license terminates when you delete Your Content or close your account, except for: (i) content cached or backed up for up to 90 days, and (ii) content retained to comply with legal obligations.
5.3 AI-Generated Output
Subject to your compliance with these Terms and payment of applicable fees, you own the output generated by the AI Services ("Output"). However:
- Output may not be unique; other users may receive similar or identical outputs
- We do not claim ownership of Output
- You are responsible for reviewing, testing, and validating all Output before use in production
- You assume all risk and liability for use of AI-generated Output
5.4 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, non-exclusive, non-transferable license to use the Services in accordance with these Terms. All rights not expressly granted are reserved.
6. AI Services Disclaimer and Limitations
Important: AI services are inherently probabilistic and may produce incorrect, incomplete, or misleading outputs. By using our Services, you acknowledge and agree that:
- No Accuracy Guarantee: We do not guarantee the accuracy, completeness, reliability, or quality of AI-generated outputs
- Human Review Required: All AI-generated code, recommendations, and technical content must be thoroughly reviewed, tested, and validated by qualified personnel before use
- No Production Warranties: AI outputs are provided for informational and developmental purposes only and should never be deployed to production systems without comprehensive testing
- Safety-Critical Systems: Our Services are not designed, intended, or certified for use in safety-critical systems, including but not limited to medical devices, aerospace systems, nuclear facilities, or autonomous vehicles
- Your Responsibility: You assume full responsibility and liability for testing, validating, and deploying any AI-generated content
- No Professional Advice: Outputs do not constitute professional engineering, legal, or other expert advice
- Known Limitations: AI may "hallucinate" (generate plausible but incorrect information), produce biased outputs, or have knowledge gaps
- Third-Party Models: We use AI models from OpenAI, Anthropic, and Google, which are subject to their respective limitations and terms
You expressly acknowledge that use of AI-generated outputs in production systems is entirely at your own risk.
7. Payment, Billing, and Subscriptions
Fees: Use of certain Services requires payment of fees. All fees are stated in U.S. dollars unless otherwise specified. By subscribing to a paid plan, you agree to pay all applicable fees.
Billing: Subscription fees are billed in advance on a recurring basis (monthly or annually). You authorize us to charge your payment method on file for all applicable fees.
Usage-Based Fees: API usage may incur additional charges based on tokens consumed, requests made, or other metered usage. You are responsible for all charges incurred under your account.
Price Changes:We reserve the right to change our fees at any time. We will provide at least 30 days' advance notice of fee increases for existing subscriptions.
No Refunds: All fees are non-refundable except as required by law or as expressly stated in these Terms. No refunds will be provided for partial months of service, unused API credits, or early cancellation.
Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period.
8. Privacy and Data Processing
Your privacy is important to us. Our Privacy Policy (available at /privacy-policy) describes how we collect, use, store, and protect your information. By using the Services, you consent to our data practices as described in the Privacy Policy.
Key Points:
- We store all documents and content you upload
- We generate and store embeddings of your content for AI processing
- We collect API usage telemetry to improve our Services
- Your content may be transmitted to third-party AI providers (OpenAI, Anthropic, Google)
- We do not sell your data to third parties
9. Termination and Suspension
9.1 Termination by You
You may terminate your account at any time through your account settings or by contacting us. Termination will be effective at the end of your current billing period. You will not receive a refund for any prepaid fees.
9.2 Termination or Suspension by Us
We reserve the right to suspend or terminate your access to the Services, with or without notice, for any reason, including but not limited to:
- Violation of these Terms or our Acceptable Use Policy
- Failure to pay applicable fees
- Fraudulent, illegal, or harmful activity
- Prolonged inactivity
- At our discretion, for any reason or no reason
9.3 Effect of Termination
Upon termination or expiration of these Terms:
- Your right to access and use the Services immediately terminates
- We will delete or anonymize your personal information within 30 days, except as required by law
- Backup copies may be retained for up to 90 days
- You remain liable for all fees incurred prior to termination
- Sections that by their nature should survive termination will continue to apply (including Intellectual Property, Disclaimers, Limitations of Liability, and Dispute Resolution)
10. 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, AND NON-INFRINGEMENT
- 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 AI-GENERATED OUTPUTS
- 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 AI OUTPUTS WILL BE ACCURATE OR SUITABLE FOR YOUR USE CASE.
11. 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 AI-GENERATED OUTPUTS IN PRODUCTION SYSTEMS
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA
- DAMAGES ARISING FROM ERRORS, BUGS, OR INACCURACIES IN THE SERVICES
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH YOUR CLAIM IS BASED (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
12. 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 or any AI-generated outputs you deploy
- Your negligence or willful misconduct
13. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email (if provided) and/or by posting a notice through the Services at least 30 days before the changes take effect.
Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.
14. Dispute Resolution and Governing Law
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Arbitration:Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.
15. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services.
Severability: If any provision of these Terms is found to be invalid or unenforceable, 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.
16. Contact Information
For questions, concerns, or notices regarding these Terms of Service, please contact us at:
Email: [email protected]
Subject Line: Terms of Service Inquiry