Terms
Last updated [DATE]
Alongside these terms, our Privacy Policy applies to your use of Embark.
1. Introduction
These terms and conditions (Terms) apply when you access or use our website at [EMBARK WEBSITE ADDRESS] and the Embark app (together, the Service).
The Service is operated by [OPERATING ENTITY AND ABN] (Embark, we, us or our).
By accessing or using the Service, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use the Service.
We may update these Terms from time to time by publishing an updated version on the Service, but any material change will apply only prospectively and, where reasonably practicable, after reasonable notice to you. Subject to the preceding sentence, the updated Terms will apply to your use of the Service from the date specified in the update.
2. Access and use of the Service
You may use the Service only for lawful purposes and in accordance with these Terms and any applicable laws.
You are responsible for ensuring that any information you provide through the Service is accurate, complete and current.
You must not use the Service in a way that interferes with its operation, security or availability or prevents or restricts another person from using the Service.
3. Accounts
You need an account to use the Embark app.
When creating or using an account, you must provide information that is accurate, complete and current and update that information if it changes.
You are responsible for keeping your account login details confidential and for taking reasonable steps to prevent unauthorised access to your account.
You must not:
- allow another person to use your account in a way that breaches these Terms;
- access or attempt to access another person’s account without authority; or
- create an account using false or misleading information or impersonate another person.
You must notify us as soon as reasonably practicable if you become aware of or reasonably suspect any unauthorised access to or use of your account.
4. Your training data
The sessions, exercises, sets, notes and other content you add to the Service (Your Content) remain yours. You give us permission to store, process and display Your Content only as needed to provide the Service to you.
You can delete a workspace you own, and Your Content in it, at any time from its settings.
5. AI assistants
You can connect an AI assistant to the Service with a token you create. You choose whether the token allows the assistant to read Your Content only, or also to add and change it, and you can revoke a token at any time.
AI assistants are provided by third parties. We are not responsible for what an assistant says or does, including any change it makes to Your Content using a token you gave it, except to the extent that liability cannot lawfully be excluded. Your use of an assistant is governed by its provider’s terms.
6. Your obligations
You must not:
- copy, reproduce, adapt, modify, distribute, sell or otherwise use any part of the Service or Service Content except as permitted by these Terms or with our prior written consent;
- use the Service for any unlawful or fraudulent purpose or in a way that facilitates unlawful or fraudulent activity;
- use the Service in a way that interferes with, disrupts or places an unreasonable burden on the Service or the systems or networks used to operate it;
- attempt to gain unauthorised access to any part of the Service, user account, system or data;
- introduce any virus, malicious code or other harmful material to the Service;
- scan, probe or test the Service for vulnerabilities without our prior written consent; or
- use the Service in any way that infringes the rights of another person.
7. Information on the Service
We take reasonable steps to keep information on the Service accurate and current, but the Service and its content may from time to time contain errors, omissions or outdated information.
The Service may also be unavailable or experience interruptions, delays or technical issues from time to time.
Information about our features, plans and pricing displayed on the Service is subject to change.
Embark records and reports your training. It does not give medical or fitness advice, and nothing on the Service is a substitute for advice from a qualified professional.
We may update, modify or remove Service Content or functionality from time to time, provided that doing so does not materially impair any service for which you have paid.
Nothing in this clause excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.
8. Intellectual property
We own or license the Service and all materials made available on or through the Service other than Your Content, including text, graphics, logos, branding, designs, icons, images, audio, video, pricing information, downloads and software (Service Content).
All intellectual property rights in the Service and Service Content are reserved except to the extent expressly granted under these Terms.
You may access and view the Service and make temporary electronic copies of Service Content for the purpose of accessing and using the Service in accordance with these Terms.
You must not reproduce, modify, adapt, publish, distribute, transmit, sell or otherwise exploit any Service Content without our prior written consent, except for personal, non-commercial use in connection with our services or as otherwise permitted by law.
9. Links to other websites
The Service may contain links to websites or services operated by third parties.
We do not control those third-party websites or services and are not responsible for their content, availability, security or practices, except to the extent that liability cannot lawfully be excluded or arises from our own negligence, fraud or wilful misconduct.
The inclusion of a link to a third party website or service does not imply that we endorse or approve that website, service or its operator.
You access and use third-party websites and services subject to their applicable terms and policies and should exercise reasonable care when doing so.
10. Security
We take reasonable steps to maintain the security and integrity of the Service, but we do not guarantee that the Service will always be secure, uninterrupted or free from viruses, malicious code or other harmful components.
You are responsible for taking reasonable precautions when accessing or using the Service, including maintaining appropriate security protections on your own devices and systems.
Nothing in this clause excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.
11. Suspension or restriction of access
We may temporarily restrict or suspend your access to the Service or your account where reasonably necessary to:
- protect the security, integrity or operation of the Service;
- investigate suspected unlawful, fraudulent or unauthorised activity;
- address a material breach of these Terms;
- comply with applicable law or a lawful request from a government or regulatory authority; or
- perform reasonably necessary maintenance or technical work.
Where reasonably practicable, we will notify you of a restriction or suspension and restore access when the reason for the restriction or suspension no longer applies.
Nothing in this clause limits any right or remedy that cannot lawfully be excluded, restricted or modified.
12. Reporting misuse
If you become aware of any misuse of the Service, any error in Service Content or any difficulty accessing or using the Service, please contact us at [CONTACT EMAIL].
13. Privacy
We handle personal information in accordance with our Privacy Policy, which also describes our use of cookies.
14. Liability
To the maximum extent permitted by law, we are not liable for loss or damage arising from your use of, or inability to use, the Service to the extent that the loss or damage is caused by your breach of these Terms, your unlawful or improper use of the Service, a third party website, service or content, or an interruption, error, defect or delay outside our reasonable control.
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss arising solely from your use of the Service. This exclusion does not apply to the extent that the relevant loss was caused by our fraud, wilful misconduct or failure to exercise reasonable care.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
15. General
15.1 Governing law and jurisdiction
These Terms are governed by the laws of the Australian State or Territory in which our principal place of business is located.
You and we submit to the non-exclusive jurisdiction of the courts of the Australian State or Territory in which our principal place of business is located, and any courts entitled to hear appeals from those courts, in relation to any dispute arising out of or in connection with these Terms or your use of the Service.
15.2 Waiver
A failure or delay by a party to exercise a right under these Terms does not operate as a waiver of that right.
A waiver of a right under these Terms is only effective if it is given in writing by the party granting the waiver.
15.3 Severance
If any provision of these Terms is wholly or partly void, invalid or unenforceable, that provision will be read down to the extent necessary to make it valid or enforceable or, if that is not possible, severed to the extent that it is void, invalid or unenforceable.
The validity and enforceability of the remaining provisions of these Terms are not affected.
15.4 Assignment
You may not assign, novate or otherwise transfer your rights or obligations under these Terms without our prior written consent, which we will not unreasonably withhold or delay.
We may assign or transfer our rights or obligations under these Terms as part of a sale, transfer or restructuring of our business, provided that the recipient assumes our transferred obligations, we give you reasonable notice and the transfer does not materially reduce your rights under these Terms.
15.5 Entire agreement
These Terms constitute the entire agreement between you and us in relation to your access to and use of the Service.
These Terms do not replace or override any separate agreement that applies to other goods or services you obtain from us.
Nothing in this clause excludes or limits any right or remedy that cannot lawfully be excluded or limited.
15.6 Interpretation
Unless the context requires otherwise:
- words in the singular include the plural and vice versa;
- words indicating a gender include every gender;
- if a word or phrase is defined, other grammatical forms of that word or phrase have corresponding meanings;
- a reference to a person includes an individual, corporation, partnership, trust, association, authority or other legal entity;
- a reference to a party includes that party’s successors and permitted assigns;
- a reference to a document includes that document as amended or replaced from time to time, provided that an amendment or replacement does not retroactively reduce a party’s accrued rights or increase its accrued obligations without its consent;
- headings are for convenience only and do not affect interpretation;
- including and similar expressions are not words of limitation; and
- a reference to $, dollars or an amount of money is a reference to Australian dollars unless otherwise stated.
16. Contact us
If you have any questions about these Terms or your use of the Service, please email us at [CONTACT EMAIL].