Terms of Service

1. What EMBRK.AI is

EMBRK.AI is reservation and operations software for tour, rental, activity and stay businesses (our “customers”). Customers use it to sell bookings, take payments, message guests, run their day and connect tools such as Google, Stripe and online travel agencies. EMBRK provides the software. We are not a tour operator, rental company, travel agent or payment processor.

2. Businesses that use EMBRK.AI

A business’s use of the platform is governed by the EMBRK.AI Master Services Agreement and the documents that come with it (the Fee Schedule, Data Processing Addendum, Acceptable Use Policy and Platform Disclosures), which the business’s owner accepts in the dashboard. Where those documents and these terms differ, the Master Services Agreement wins. Owners can read every version they accepted under Settings → EMBRK agreement.

3. Guests who book with our customers

If you book a tour, rental, activity or stay through a booking page powered by EMBRK.AI, your booking is a contract between you and that business, on its terms, cancellation and refund policies and privacy notice. EMBRK is not a party to that contract and does not set its prices or provide the experience. Questions about a booking, a refund or your information go to the business you booked with.

4. Accounts and security

You must give accurate information when you create or use an account, keep your password and second sign-in factor private, and tell us promptly at hey@embrk.ai if you think someone else has used your account. A business is responsible for the people it invites and the permissions it gives them. You must be at least 18 and able to form a binding contract to hold an account.

5. Acceptable use

You will not, and will not help anyone else to:

• use EMBRK.AI for anything unlawful, deceptive or harmful, including spam, unconsented texts or calls, or hidden fees;
• access accounts, data or systems you are not authorised to access, or test, probe or bypass our security, rate limits or usage limits;
• copy, modify, reverse engineer or resell the platform, or use it to build a competing product, except where the law allows despite this restriction;
• scrape the website or platform, or overload or interfere with it; or
• upload malware, or content that infringes someone else’s rights.

Businesses must also follow the Acceptable Use Policy in their agreement. We may suspend access that breaks these rules or puts the platform, our customers or their guests at risk.

6. Services you connect

You can connect third-party services to EMBRK.AI, such as Google (Ads, Analytics, Search Console, Business Profile, Calendar and Gmail), Stripe, Meta, online travel agencies and others. When you connect one, you authorise EMBRK to access and act on that account only to provide the features you turned on, as described in our Privacy Policy. Those services are provided by their own operators under their own terms, which you are responsible for following. You can disconnect a service at any time in the platform settings, and for Google you can also remove EMBRK.AI’s access at myaccount.google.com/permissions. We are not responsible for third-party services or their availability.

7. Payments

Guest payments are processed by Stripe on the business’s own Stripe account; the business is the merchant of record. EMBRK’s fees to a business are set out in that business’s Fee Schedule. EMBRK does not hold guest funds and is not a bank or money transmitter.

8. Your content and our software

You keep the rights in the content and data you put into EMBRK.AI, and you give us permission to host, process and display it only as needed to provide, secure and support the service. EMBRK and its licensors own the website, the platform, its software, templates and documentation. If you send us feedback or suggestions, we may use them without any obligation to you.

9. AI features

Some features use AI to draft messages, answer guests, sort an inbox, summarise calls or import data. AI output can be wrong. A business is responsible for checking what its AI features say and do on its behalf, and for the settings it chooses.

10. Disclaimers

EXCEPT AS A SIGNED OR ACCEPTED AGREEMENT WITH US EXPRESSLY SAYS, THE WEBSITE AND THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EMBRK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND DOES NOT PROMISE THAT THEY WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE AT ALL TIMES.

11. Limitation of liability

TO THE MAXIMUM EXTENT THE LAW ALLOWS, EMBRK IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BOOKINGS, DATA OR GOODWILL. FOR A BUSINESS WITH A MASTER SERVICES AGREEMENT, THE LIMITS IN THAT AGREEMENT APPLY. FOR EVERYONE ELSE, EMBRK’S TOTAL LIABILITY ARISING OUT OF THESE TERMS OR YOUR USE OF THE WEBSITE OR PLATFORM IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100). Some places do not allow these limits, so they may not all apply to you.

12. Ending access

You may stop using EMBRK.AI at any time; businesses cancel under their Master Services Agreement. We may suspend or end access for anyone who breaks these terms or the law, or where we must to protect the platform, our customers or their guests. Sections 8, 10, 11 and 13 continue after access ends.

13. Governing law and disputes

These terms are governed by the laws of the State of Nevada, without regard to conflict-of-laws rules. The state and federal courts located in Clark County, Nevada have exclusive jurisdiction over any dispute arising out of or relating to these terms, and you consent to that jurisdiction. Before starting a claim, please email legal@embrk.ai so we can try to resolve it informally.

14. Changes to these terms

We may update these terms. We will post the new version here with a new version number and effective date. Changes to a business’s Master Services Agreement follow the notice process in that agreement. If you keep using the website or platform after a change takes effect, the new terms apply to you.

15. General

If any part of these terms is unenforceable, the rest stays in effect. Our not enforcing a term is not a waiver. You may not transfer these terms without our consent; we may transfer them to a successor in a merger, acquisition or sale of our business. These terms, together with our Privacy Policy and, for businesses, the Master Services Agreement, are the whole agreement about their subject.

16. Contact

AAMP LLC dba EMBRK.AI, 4375 S Valley View Blvd, Ste G, Las Vegas, NV 89103 · legal@embrk.ai. For privacy questions, email privacy@embrk.ai.