Terms of Service — Embr

Effective date: 20 April 2026 Last updated: 20 April 2026 Version: 1.0

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Embr platform ("Service"), operated by Piotr Zajac, conducting business as a sole proprietorship (jednoosobowa działalność gospodarcza / JDG), registered in Poland, NIP: 6782888740, REGON: 361907192, with registered address at Bachledzki Wierch 7a/1, 34-500 Zakopane, Polska ("Embr", "we", "our", or "us").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Definitions

"Service" — the Embr SaaS platform accessible at getembr.io, including all features, modules, and APIs.
"Subscriber" — a natural person or legal entity that has registered for a paid subscription plan.
"User" — any individual accessing the Service under a Subscriber's account.
"Subscription Plan" — the Starter, Growth, or Scale plan as described on the pricing page.
"Content" — any data, text, or materials you upload, submit, or create within the Service.

3. Account Registration

3.1 You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your login credentials.

3.2 You may not share your account credentials with third parties outside your organisation. Each additional User seat must be covered by your Subscription Plan.

3.3 You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organisation.

4. Subscription Plans and Billing

4.1 Subscription Plans

The Service is offered on a subscription basis. Current plans, features, and pricing are published at [getembr.io/pricing]. We reserve the right to change plan pricing with 30 days' prior notice.

4.2 Billing Cycles

Subscriptions are available on a monthly or annual basis. Annual subscriptions are billed in full at the start of each billing period.

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period (monthly or annual) unless you cancel before the renewal date. By subscribing, you authorise us (through our payment processor, Paddle.com Market Limited) to charge your payment method for the applicable subscription fee at the start of each renewal period.

You will receive a renewal reminder via email at least 7 days before the renewal date for annual subscriptions.

4.4 Payment Processor

Payments are processed by Paddle.com Market Limited ("Paddle"), which acts as the Merchant of Record for all transactions. Your purchase is subject to Paddle's Terms of Service and Privacy Policy. Embr does not store your payment card data.

4.5 Taxes

Paddle, as Merchant of Record, is responsible for calculating, collecting, and remitting applicable VAT and sales taxes in all jurisdictions. The price displayed at checkout includes any applicable taxes.

4.6 Failed Payments

If payment fails, we will attempt to retry the charge. If payment cannot be collected after reasonable attempts, your account may be downgraded to the free tier or suspended.

5. Right of Withdrawal and Refund Policy

5.1 EU Consumer Right of Withdrawal

If you are a consumer (a natural person acting outside the scope of a business activity), you have the right to withdraw from the subscription contract within 14 days of purchase without giving a reason.

Waiver of the right of withdrawal: By activating your subscription and accessing the Service before the 14-day period expires, you expressly request that we begin providing the digital service immediately. You acknowledge that you thereby lose your right of withdrawal once the Service has been fully performed. This notice is provided in accordance with Article 38(1)(a) of Directive 2011/83/EU and Article 38(m) of the Polish Act on Consumer Rights (ustawa o prawach konsumenta).

5.2 B2B Customers

For business subscribers (companies, organisations, sole proprietorships), the statutory consumer right of withdrawal does not apply.

5.3 Other Refunds

We may, at our discretion, issue refunds or credits in cases of extended service outages (>24 hours) or billing errors. Contact support@getembr.io within 30 days of the relevant charge.

6. Free Tier and Trial

If a free tier or trial period is offered, it is subject to the limitations published on the pricing page. We reserve the right to modify or discontinue free tier features at any time with 30 days' notice.

7. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose or in violation of applicable law;
Reproduce, distribute, or reverse-engineer any part of the Service;
Attempt to gain unauthorised access to any system or network associated with the Service;
Upload malicious code, viruses, or disruptive content;
Use the Service to generate, publish, or distribute spam, misleading content, or material that infringes third-party rights;
Use automated scraping, crawling, or data extraction tools against the Service without our written consent.

8. Intellectual Property

8.1 Embr's IP: All rights in the Service, including software, design, trademarks, and documentation, are owned by or licensed to Embr. You receive a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes during your subscription.

8.2 Your Content: You retain all ownership of Content you submit to the Service. By submitting Content, you grant Embr a limited licence to process, store, and display that Content solely for the purpose of providing the Service to you.

8.3 Feedback: Any feedback or suggestions you provide may be used by Embr without any obligation to compensate you.

9. Data Processing and GDPR

9.1 By using the Service, you agree to Embr's Privacy Policy (available at [getembr.io/privacy]), which forms part of these Terms.

9.2 To the extent that you submit personal data of third parties (e.g., employee data) to the Service, you act as a data controller and Embr acts as a data processor on your behalf. The terms of data processing are set out in the Data Processing Agreement embedded in the Privacy Policy.

9.3 You are responsible for ensuring that you have a lawful basis for submitting any personal data to the Service and that you have provided appropriate notices to data subjects.

10. Service Availability and SLA

10.1 We aim to maintain 99.5% monthly uptime. Planned maintenance will be announced via the Service status page at least 24 hours in advance.

10.2 The Service is provided "as is" and "as available". We do not warrant that the Service will be uninterrupted or error-free.

11. Limitation of Liability

11.1 To the maximum extent permitted by applicable law, Embr's total cumulative liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the total fees paid by you in the 12 months preceding the claim.

11.2 Embr shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages.

11.3 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

12. Suspension and Termination

12.1 By you: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You retain access to the Service until the billing period ends.

12.2 By Embr: We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or if required by law. We will make reasonable efforts to notify you beforehand except where prohibited.

12.3 Effect of termination: Upon termination, your access to the Service ceases. You may export your data for up to 30 days following cancellation. After that period, your data may be deleted in accordance with the Privacy Policy.

13. Modifications to the Service and Terms

13.1 We may modify these Terms at any time. We will notify you of material changes by email or in-app notification at least 30 days before the changes take effect.

13.2 Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13.3 We may add, modify, or remove features at any time. We will provide reasonable notice for significant changes that negatively affect existing functionality.

14. Governing Law and Jurisdiction

14.1 These Terms are governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law principles.

14.2 Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Zakopane, Poland (the court competent for the registered address of Embr).

14.3 For consumers: If you are a consumer resident in the EU, you may also bring proceedings in the courts of your country of habitual residence, and you may be entitled to use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

14.4 Dispute resolution for Polish consumers: Consumers in Poland may seek out-of-court dispute resolution through the Trade Inspection (Inspekcja Handlowa) or use the ODR platform.

15. Miscellaneous

15.1 Entire agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Embr regarding the Service.

15.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force.

15.3 No waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights to any successor entity.

16. Contact

Embr / Piotr Zajac Bachledzki Wierch 7a/1, 34-500 Zakopane, Poland Email: legal@getembr.io NIP: 6782888740