Terms & Conditions

TERMS AND CONDITIONS

Welcome to Empacer! We have written these Terms and Conditions to be as clear and user-friendly as possible. Please take a few minutes to read them: they form the agreement between you, as a user of Empacer, and us, as the provider of the Empacer services.

Auto-renewing subscriptions. Please read these Terms carefully, and in particular Section 10 (Subscription Plans and Pricing), before you start a trial or complete a purchase of our auto-renewing subscription service. To avoid being charged, you must affirmatively cancel your subscription at least 24 hours before the end of the trial or of the then-current subscription period. By purchasing a subscription that renews automatically, you agree to its auto-renewing nature and to the terms presented near the point of purchase, and you acknowledge that you will need to affirmatively cancel the subscription in order to avoid further charges.

PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 25 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. EXCEPT AS SPECIFIED IN SECTION 25, AND UNLESS YOU OPT OUT WITHIN 30 DAYS OF YOUR FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 25, ARBITRATION IS THE EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES AND IS MANDATORY.

THESE TERMS ALSO CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 19) AND A LIMITATION OF LIABILITY (SECTION 20).

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OR THE DOCUMENTS THEY REFER TO, OR IF YOU ARE NOT ELIGIBLE TO USE THE SERVICE, PLEASE DO NOT ACCESS OR USE ANY PART OF THE SERVICE.

Who We Are
1. Our product Empacer is operated by Empacer Ltd., a company registered at Vasili Vryonidi 6, 5th floor, 3095, Limassol, Cyprus under registration number HE 497961, and/or its affiliates or its authorized representatives and resellers (together, "we", "us", "our" or the "Company").
2. We build an AI-powered workspace that simplifies daily operations for small businesses and their teams—from customer communication and scheduling to content creation and invoicing. We make the Service available through our website at https://www.empacer.com/ (the "Website"), which serves as our main service platform, and, where available, through our mobile applications for iOS and Android (the "App").
3. If you have any questions about these Terms or the Service, you can reach our Support Service through the Support Center or by email at support@empacer.com. Our full contact details are set out at the end of these Terms.
These Terms and Related Documents
1. By accessing or using our product Empacer, whether through the Website, the App or any other interface, device or channel through which we make it available (together, the "Service"), you agree to be bound by these Terms and Conditions (the "Terms" or the "Agreement"). Our Privacy Policy and our Subscription Terms are incorporated into these Terms by reference, which means that they form part of the Terms and should be read together with them.
2. Any translation of these Terms from the English version is provided for your convenience only. The English version of the Terms is always available here. If there is any discrepancy between the English version and a translation, the English version prevails.
Eligibility
1. To use Empacer you must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into a binding agreement.
2. The Service is intended for use by businesses and by individuals acting in a business or professional capacity. If you use the Service on behalf of a company, sole proprietorship or other business (your "Business"), you represent and warrant that you are authorized to bind that Business to these Terms; in that case, "you" and "your" refer to both you and your Business, and you and your Business are jointly bound by these Terms.
3. If you do not meet these requirements, or if you do not agree with these Terms, you must not use the Service.
What We Offer
1. Through Empacer we provide an AI-powered assistant service for small businesses. The Service can: (i) collect and structure information about your business, from your inputs and from sources you connect or point us to, such as your website and social media profiles; (ii) generate work products for you, such as draft replies to customer enquiries, appointment reminders, social media posts, invoices and similar materials (the "Output"); and (iii) where you connect third-party accounts and approve specific actions, perform tasks on your behalf, such as sending a message or publishing a post. The Service interacts with you primarily by voice and requires your explicit approval before any Output is sent to your customers or published externally, unless you have expressly configured an automation rule. The Output, the tools and features of the Service (including the Assistant, the AI Assistants, integrations and automation features) and any other materials we make available through the Service are referred to together as the "Digital Content". Please read carefully the disclaimers and limitations set out in Sections 6 to 9 and 19 to 21 with regard to the Digital Content.
2. You will have access to the Digital Content and the Service only after you register for the Service. This means that you must create an account and pay for an introductory offer (trial) or a subscription plan (28 days or another period shown to you at the time of purchase), depending on the option you select at the time of purchase.
3. After your purchase, and while you use the Service, we may offer you additional paid features or add-on packages. Please read carefully any offer you receive from us before accepting it.
Your Account
1. To access the Service you need to create an account. You must provide accurate, current and complete information when you register and keep that information up to date.
2. You are responsible for keeping your login credentials confidential and for all activity that takes place under your account. Please notify us without delay through the Support Center if you become aware of any unauthorized use of your account.
3. Your account is for use by you and, where the Service allows you to add them, by employees or other members of your Business whom you authorize to use it (your "Team Members"). You are responsible for the acts and omissions of your Team Members in connection with the Service as if they were your own, and for ensuring that they comply with these Terms. Login credentials are personal and may not be shared: where the Service provides individual credentials, each person must use their own. Your account may not be sold, transferred or assigned to anyone else.
AI Assistant
1. The Service includes a conversational AI assistant that you interact with by voice or text (the "Assistant"). The Assistant is provided to support the administration of your business and does not provide legal, tax, financial or other professional advice. When you use the Assistant, you provide information to it (your "Input") and it generates responses and work products based on your Input and your business context (such responses and work products form part of the "Output" described in Section 4.1).
2. Input and Output are together referred to as "Content". You own your Input, and we assign to you all rights in the Output to the extent permitted by law.
3. We may use your Content to improve our services. You may opt out of this use at any time by contacting us through the Support Center.
4. Because of the way machine learning works, Output may not be unique to you: the Service may generate the same or similar output for Empacer or for a third party. For example, if you ask "How many days are there in January?" and receive the answer "There are 31 days in January", other users who ask a similar question may receive the same answer. Responses that are requested by, and generated for, other users are not your Content.
5. You can interact with the Assistant by voice. When you use the voice features, audio captured by your device's microphone is streamed in real time over an encrypted connection (WebRTC) to our servers and to the service providers described below, so that your speech can be converted into text (speech-to-text) and the Assistant's responses can be converted into synthesized speech (text-to-speech). By using the voice features you consent to this real-time transmission and processing of your voice input and of any other audio captured while the voice features are active.
6. We use the audio stream and the resulting transcripts solely to convert speech into text, to understand and carry out your requests and to generate and voice the Assistant's responses. We do not use your voice or the audio stream to create a voiceprint, voice template or other biometric identifier, and we do not use it to identify, verify or authenticate you or any other person by voice. We will not begin any such use without first providing the notice and obtaining the consent required by applicable law.
7. Audio and transcripts are processed by third-party infrastructure and AI providers acting on our behalf, including real-time audio infrastructure providers (for example, LiveKit Cloud), speech-to-text and text-to-speech providers (for example, ElevenLabs) and AI Providers (for example, OpenAI), in accordance with their security and privacy commitments to us and with our Privacy Policy. Where applicable law requires it, you are responsible for informing anyone whose voice may be captured while you use the voice features (for example, Team Members or customers who are present) that audio is being processed.
8. Further provisions on the AI technology behind the Assistant and any other AI features of the Service, and on your responsibility for AI-generated Output, are set out in Sections 7 and 8.
AI Technology and AI-Generated Output
1. The Service uses artificial intelligence technologies supplied by third-party vendors, including but not limited to OpenAI (ChatGPT), Google (Gemini) and Anthropic (Claude) (together, the "AI Providers"). By using the Service, you acknowledge that your Input, and any data you provide or grant access to, may be processed by these AI Providers in accordance with their respective privacy and security protocols and policies.
2. You acknowledge that AI technology is inherently probabilistic and may from time to time produce Output that is inaccurate, incomplete, biased or entirely fictional (often referred to as "hallucinations"). We do not warrant the accuracy, reliability or fitness for a particular purpose of any AI-generated content. You are solely responsible for reviewing and verifying the accuracy of all Output before relying on it for any business, legal, financial or other professional decision. Where the Service performs actions on your behalf (see Section 8), a hallucination or a misinterpreted instruction may result in an AI Assistant performing an incorrect, incomplete or unintended action — for example, sending a message to the wrong recipient or with incorrect content, creating, changing or deleting calendar entries, bookings, files, records or other data in a Connected Account, or publishing content that you did not intend to publish. To the fullest extent permitted by law, we are not liable for any direct or indirect loss or damage resulting from such Output or actions, and Section 20 (Limitation of Liability) applies to them.
3. As between you and the Company, and to the extent permitted by applicable law, you own all rights, title and interest in the specific Output generated by the Service on the basis of your Input. You acknowledge and agree that:
4. 1. because of the nature of machine learning, Output may not be unique across all users, and other users may generate similar or identical content;
  2. you are solely responsible for the ownership, protection and enforcement of any intellectual property rights arising from AI-generated Output; while you are granted the right to use and exploit that Output, we make no guarantee that the Output is capable of copyright protection or that it does not infringe the rights of third parties; and
  3. you are solely responsible for ensuring that AI-generated Output is appropriately marked or disclosed as synthetic content where this is required by law, platform policies or industry regulations, including by applying clear labels, watermarks or metadata indicating its generative origin.
5. In addition to Section 6.3, and unless otherwise agreed in writing, we may use de-identified, aggregated usage data to improve, secure and enhance the Service. We will not intentionally use your confidential information to train third-party foundation models unless you have expressly authorized us to do so.
6. Unless we have expressly authorized it in writing, the Service and its AI features are not designed for use in:
7. 1. medical diagnosis or treatment;
  2. legal advice;
  3. financial trading decisions;
  4. critical infrastructure; or
  5. safety-critical or life-dependent systems.
8. You assume full responsibility for compliance with all industry-specific regulations applicable to your use of the Service.
Agentic and Specialized AI Features
1. Certain AI features of the Service may have "agentic" capabilities that allow them to integrate with, and perform actions within, third-party systems that you connect to the Service (for example, executing commands, modifying files or triggering external API calls) (such features, the "AI Assistants"). By enabling these features and connecting your third-party accounts, you expressly authorize the AI Assistant to act as your agent in performing the specific tasks that you request or automate. Actions are performed through the Connected Accounts described in Section 9, using the access you have authorized (for example, through OAuth), and may be executed via integration infrastructure providers acting on our behalf. Except where you have expressly configured an automation rule, the Service will ask for your explicit approval — by voice, by tapping an approval control or by another confirmation — before any Output is sent to a third party, published externally or otherwise used to perform an action with external effect.
2. You acknowledge and agree that:
3. 1. any instruction or command you give to the Assistant — whether spoken, typed or given by tapping an approval control — is treated as your direct instruction to perform the corresponding action, including any API request made through your Connected Accounts, and any action initiated by an AI Assistant under an automation rule you have configured is deemed to have been authorized by you; you are solely responsible for the configuration of any automation rules, "autopilot" or recurring tasks; and
  2. you have an affirmative duty to monitor the actions performed by AI Assistants, and we are not responsible for any unintended consequences, data loss or system errors resulting from autonomous actions performed on the basis of your instructions or configurations.
4. Although AI Assistants are designed to follow specific logic, we do not guarantee that an AI Assistant will perform an action perfectly every time. We shall not be liable for any damages, financial loss or system interruptions caused by an AI Assistant failing to perform an action, performing it incorrectly or performing it in an unexpected manner as a result of API latency, changes to third-party systems or AI logic errors. You retain the right to disconnect integrations or to revoke an AI Assistant's access at any time through the settings of the Service.
5. Use of autonomous features is at your sole risk. You should not grant AI Assistants access to mission-critical systems, where an error could result in significant financial, legal or physical harm, without implementing appropriate "human-in-the-loop" safeguards.
6. In providing the Service we may collect, store and process information about your customers, prospects and other contacts — for example, their names, telephone numbers and email addresses, their messages and correspondence with you, appointment and booking details, and order and payment history — from your Input and from your Connected Accounts ("Customer Data"). As between you and us, you are the controller of Customer Data (or the "business" under U.S. state privacy laws) and we act as your processor (or "service provider"): we process Customer Data only on your documented instructions, which you give through your use and configuration of the Service, and only as necessary to provide the Service; we do not sell or share Customer Data, and we use it for our own purposes only in de-identified, aggregated form as described in Section 7.4. You represent and warrant that you have provided all notices and obtained all consents, and otherwise have all rights and lawful bases required, to collect Customer Data and to disclose it to us, to our AI Providers and to our other sub-processors for processing as described in these Terms and in our Privacy Policy, and that your use of the Service in relation to Customer Data complies with applicable privacy, data protection and consumer protection laws. You agree to maintain a public-facing privacy policy that accurately describes your use of the Service, including the processing of Customer Data by us on your behalf; you remain solely responsible for ensuring that your privacy policy complies with the laws that apply to you (for example, the GDPR, the CCPA or the EU AI Act).
7. Where the Service sends SMS or other text messages, emails, direct messages or other communications to your customers or contacts on your behalf — whether after your individual approval or under an automation rule you have configured — you are the sender of those communications. You are solely responsible for their content and timing and for their compliance with applicable law. You represent and warrant that:
8. 1. each recipient has given you any consent required under applicable law to receive the type of communication sent (including, where required, prior express written consent to receive marketing messages), and you keep records evidencing that consent;
  2. you will honor opt-out and unsubscribe requests promptly, will not send communications to recipients who have opted out or who appear on any applicable do-not-call or suppression list, and will comply with any quiet-hours and frequency restrictions that apply; and
  3. you will not use the Service to send communications that are unsolicited, unlawful, misleading, deceptive, threatening or harassing, or that otherwise breach the rules of the carrier or platform through which they are sent.
9. We may, but are not obliged to, refuse to send a particular communication or suspend messaging features if we reasonably believe that the communication would breach this Section or applicable law, or would harm our relationships with messaging providers or platforms. We will inform you where reasonably practicable.
10. Where you configure the Service to communicate with your customers autonomously — that is, to send messages or to hold conversations with your customers under an automation rule, without your review and approval of each individual message — you must ensure that those customers are informed that they are interacting with an automated or AI-powered assistant: in a two-way conversation conducted by the Assistant, clearly and at the start of the conversation (for example, by identifying it as "AI", "automated" or a "virtual assistant"); and in one-way automated messages (such as reminders or confirmations), where applicable law or the rules of the relevant platform require it. This obligation does not apply to draft messages that you review and send yourself, or to messages that you approve individually before they are sent, which are your own communications; you remain responsible for complying with any disclosure obligations that apply to you in relation to those communications.
Third-Party Integrations and Connected Accounts
1. The Service allows you to connect third-party accounts and services — for example, Google (such as Gmail, Google Calendar and Google Business Profile), Meta (such as Facebook, Instagram and WhatsApp), Square and other booking, payment, messaging, e-commerce, storage or productivity services (each a "Third-Party Service", and each account you connect a "Connected Account") — so that the Service can read information from them and, where you approve or automate an action, act through them on your behalf. Connections are established through the authorization mechanisms offered by the Third-Party Service and may be facilitated by integration infrastructure providers acting on our behalf (for example, Composio). We access a Connected Account only within the scope of the permissions you grant.
2. You represent and warrant that you are entitled to connect each Connected Account and to grant us the access that you grant, that doing so does not breach the terms of the relevant Third-Party Service or the rights of any third party, and that, where a Connected Account belongs to your Business or contains Customer Data, you have the authority and the consents required (see Section 8.5). You must not connect an account that you are not authorized to use.
3. Your use of each Third-Party Service — including any posting, messaging, publishing, invoicing or other action that the Service performs through it on your behalf — remains subject to that Third-Party Service's own terms of service, developer and API terms, privacy policies, community standards and other rules (for example, the Google Terms of Service and API Services User Data Policy, the Meta Terms of Service and Platform Terms, Square's terms, the GitHub Terms of Service or Slack's policies). You agree to comply with those rules, you are responsible for the consequences of any breach of them, and we are not a party to your agreement with any Third-Party Service. In particular, content that the Service publishes to a social media or messaging platform through a Connected Account must comply with that platform's content and advertising rules.
4. We do not control Third-Party Services and are not responsible for their availability, performance, security, content or data practices. Third-Party Services may impose API rate limits and quotas, app review or approval requirements, feature restrictions, fees or content rules; they may change, restrict or deprecate their APIs; and they may suspend or terminate our access or your access at any time, with or without notice. We are not liable for any limitation, interruption, delay or loss of functionality of the Service that results from the acts or omissions of a Third-Party Service, and we may modify or withdraw the affected features of the Service accordingly (see Section 22, Changes to the Service).
5. You may disconnect a Connected Account at any time through the settings of the Service or of the Third-Party Service. If you disconnect a Connected Account, revoke or fail to renew an access token or permission, change the credentials of the Connected Account, or if the Third-Party Service revokes or restricts our access, the features of the Service that depend on that connection will stop working or will operate with reduced functionality, information from that Connected Account may become unavailable or outdated, and scheduled or automated actions that depend on it will fail. We are not responsible for any resulting loss or inconvenience, and disconnection does not by itself entitle you to a refund or reduce your subscription fees.
6. Information that the Service retrieves from Connected Accounts and from other sources you point us to is used as we receive it and is subject to the disclaimer in Section 19 (Disclaimers of Warranties).
Subscription Plans and Pricing
1. Depending on the option you select at the time of purchase, we may offer you:
2. 1. an Introductory offer, which is a short-term offer that provides limited access to the basic features and content of the Service. It is usually designed to let new users try out the platform before it automatically converts into a subscription. You may cancel the introductory offer up to 24 hours before it ends. If you do not cancel, the introductory offer automatically converts into a subscription plan and you will be automatically charged the full price of that subscription plan without further notice;
  2. a Subscription plan, which grants you ongoing access to the Service for a specified period (28 days or another period, depending on the option you select at the time of purchase) once you have paid for the subscription. Subscription plans are renewed automatically at the end of each period. You may cancel at any time up to 24 hours before the end of the current billing period in your account settings;
  3. Additional paid features and add-on packages, which are optional functionalities or services that we may offer in addition to the introductory offer or subscription plan, either on a subscription basis or as one-time purchases.
3. Some offers are renewed at the full, non-discounted price. Please read carefully the terms of the introductory offer or subscription plan that you choose at the time of purchase.
4. The prices, and the amount of Digital Content available under your introductory offer or subscription, may change from time to time and may differ by territory. We are not obliged to notify you individually of such changes except where applicable law requires it. We will, however, give you reasonable notice of any price change by posting the new prices on or through the Website, by sending you a notification, or in another prominent way. If you do not agree with a new price and do not wish to pay it, please cancel your subscription before the new price takes effect for you.
Billing and Automatic Renewal
1. We bill for the Service through PayPal or other payment providers (Visa, Mastercard and others). Your payment method will be charged in accordance with the subscription plan you selected. It is your responsibility to cancel your subscription in time if you do not wish to be charged for the next period. If you purchase a subscription or add-on package through the App, the purchase is processed by the relevant app store (for example, the Apple App Store or Google Play) and is subject to that store's terms, payment mechanics and refund policies; such purchases are not billed by us directly, and you can manage and cancel them only through your app store account settings. To the extent the app store's rules differ from Sections 10 to 12 or from the Subscription Terms in relation to an app store purchase, the app store's rules prevail.
2. We charge the applicable fees to the payment card you submit at the time of purchase, once you have confirmed the purchase by single-touch identification, by facial recognition, by entering your payment details on the web, or by otherwise accepting the subscription terms shown on the payment screen of our web page or of the App.
3. You authorize us to store your payment method(s) and to automatically charge the applicable subscription fees for each renewal term to the payment card you submit as your primary payment method. If an attempt to charge your primary payment method fails (for example, because the payment method has expired), you agree that we may retry billing that payment method or use any other stored payment method associated with your account. If a payment is not successfully authorized because of expiration, insufficient funds or for any other reason, we may suspend or terminate your subscription. You remain responsible for any amounts that you fail to pay in connection with your subscription.
4. The auto-renewal period will be the same as your initial subscription period unless we disclose otherwise to you on the Service. The renewal rate will be no more than the rate for the immediately preceding subscription period, excluding any promotional or discount pricing, unless we notify you of a rate change before your subscription renews.
5. In some cases your payment date may change, for example if your payment method fails to settle or if you change your subscription plan. To see your next payment date, go to the subscription settings in your account on the Website or in the App or, for purchases made through an app store, to your app store subscription settings.
Cancellation and Refunds
1. You must cancel your subscription in accordance with the cancellation procedures disclosed to you at the time of purchase and in the Subscription Terms. Subscriptions purchased through an app store must be cancelled through that app store's subscription settings, at least 24 hours before the end of the current period, in accordance with the app store's rules.
2. Please refer to the Subscription Terms to find out whether you may be eligible for a refund.
3. We may also cancel your subscription on our own initiative and provide refunds at our own discretion, subject to the Subscription Terms.
4. Nothing in this Section limits any statutory rights that you may have, including the rights of Australian residents described in Section 20.
Data Protection
1. We collect, store and process your data in accordance with our Privacy Policy. By using the Service, you agree to the collection, storage and processing of your data in the manner, and for the purposes, described in the Privacy Policy.
2. Where your Input or other data is processed by AI Providers, Section 7 also applies.
3. Section 8.5 sets out our respective roles and responsibilities in relation to Customer Data (information about your customers and contacts that we process on your behalf).
Intellectual Property
1. All information, text, images, graphics, marks, logos, compilations (meaning the collection, arrangement or assembly of information), data, other content, software and materials available through or on the Website and the Service are our property or the property of third parties. Empacer and all of its components, including without limitation all materials and logos, are protected by copyright.
2. You are granted a non-exclusive, non-transferable and revocable licence to access and use the Service for the internal business purposes of you and your Business, in accordance with these Terms. No other rights in or to the Service are granted to you unless these Terms expressly state otherwise. Please do not infringe our intellectual property rights.
3. Any redistribution or reproduction of all or part of the Service and/or the Digital Content available through the subscription services, in any form, is prohibited. Any other proposed use of the Service and/or the Digital Content requires our formal written permission.
4. All brand assets, including the Empacer name, logos, graphics and service marks used on our platform, are the exclusive property of Empacer Ltd. or of their respective owners, and certain of them are registered with the United States Patent and Trademark Office or other trademark authorities. Using the Service does not grant you any licence or permission to reproduce or use the Empacer name or any other trademark.
5. All information and materials that you or your Team Members provide to us or make available to the Service — including your registration information, your business context (such as descriptions of your services, prices, price lists and menus, opening hours and policies), photographs, images and other media of your work and premises, documents and templates, correspondence and messages, voice recordings and other Input, and any content retrieved from your Connected Accounts (together, your "User Content") — belong to you or your licensors, and we do not acquire any proprietary right in them. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, reproduce, transmit, process, analyze, display, modify and create derivative works from your User Content, and to permit our AI Providers and other service providers to do so on our behalf, solely to the extent necessary to provide, maintain, secure and improve the Service and to perform the tasks you request or automate, and as otherwise described in these Terms and in our Privacy Policy. This licence ends when you delete the relevant User Content or close your account, except that we may retain copies (i) as required by law, (ii) in routine backups for a limited period and (iii) in de-identified, aggregated form as described in Section 7.4. You represent and warrant that you own or have the necessary rights and permissions in your User Content and that our use of it as permitted by these Terms will not infringe or violate the rights of any third party.
6. If you believe that your intellectual property rights have been infringed, please contact us through the Support Center. We may ask you for additional information and may delete, or disable access to, content alleged to be infringing. We may also terminate the accounts of repeat infringers.
User Representations and Warranties
1. By using the Service, you represent and warrant that:
2. 1. you have the legal capacity to enter into these Terms and you agree to comply with them;
  2. if you use the Service on behalf of a Business, you have the authority to bind that Business to these Terms and to authorize the actions that the Service performs on its behalf;
  3. you are at least 18 years old (or the age of majority in your jurisdiction, if higher);
  4. you will not access the Service through automated or non-human means, including without limitation any spider, robot, cheat utility, scraper or offline reader that accesses the Service, or by using or launching any unauthorized script or other software;
  5. you will not use the Service for any illegal or unauthorized purpose;
  6. you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country;
  7. you are not listed on any U.S. government list of prohibited or restricted parties; and
  8. your use of the Service will not violate any applicable law or regulation.
3. If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Service (or any part of it).
4. You may not access or use the Service for any purpose other than the purpose for which we make it available — supporting the day-to-day operations of your own Business. Except where we have specifically authorized or approved it in writing, you may not resell, sublicense, rent or lease the Service, provide it to third parties on a service-bureau, white-label or agency basis, or use it to operate a business whose primary activity is generating Output or performing actions for other businesses through the Service.
Prohibited Uses
1. As a user of the Service, you agree not to:
2. 1. systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission;
  2. make any modification, adaptation, improvement, enhancement, translation or derivative work of the Service;
  3. use the Service to create a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
  4. circumvent, disable or otherwise interfere with security-related features of the Service;
  5. engage in unauthorized framing of, or linking to, the Service;
  6. decipher, decompile, disassemble or reverse engineer any of the software that comprises, or in any way forms part of, the Service;
  7. attempt to bypass any measures of the Service designed to prevent or restrict access to the Service or any part of it;
  8. use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
  9. use the Service in a manner inconsistent with any applicable laws or regulations; or
  10. otherwise breach these Terms.
Third-Party Links and Advertisements
1. The Service may contain links to third-party websites and advertisements for third-party products or services ("Third-Party Ads"). We are not responsible for Third-Party Ads, and you use them at your own risk. When you follow a link to a third-party website, the terms and conditions of that website govern your relationship with its owner. Please be careful and conduct your own investigation before relying on any Third-Party Ad.
2. The inclusion in the Service of any website or product information does not imply a recommendation; it merely presents possible options. It is your own responsibility to conduct appropriate investigations and inquiries about such information before taking any decision.
3. You release us, our officers, employees, agents and successors from any and all claims, demands, losses, damages and actions of any kind whatsoever that are directly or indirectly related to Third-Party Ads and third-party products and services.
Territorial Scope and Compliance with Local Laws
1. The Service is provided in accordance with the laws of the Republic of Cyprus. We make no representation or warranty that the Service or the Digital Content is appropriate or available for use in other locations.
2. If you use the Service from a jurisdiction other than the Republic of Cyprus, you do so at your own risk, and you are responsible for complying with any and all local laws applicable to your use of the Service.
Disclaimers of Warranties
1. Any statement or information that may be posted on the Service is provided for informational and educational purposes only and is not intended to replace or substitute for professional financial, legal or other advice.
2. The Service and the Assistant support the administration of your business; they do not provide legal, tax, accounting, financial, employment or other professional advice, and nothing in the Output should be relied on as such.
3. There is no guarantee that the Digital Content will meet your needs or requirements or those of any other person. The Service may not be appropriate for every business and is not a substitute for professional advice.
4. We do not guarantee that using the Service will produce any particular business outcome, including without limitation any number of bookings or appointments, customer replies or conversions, followers, likes, engagement or reach, sales, revenue, savings or cost reductions. Any examples of results shown in the Service or in our marketing are illustrative only and are not a promise that you will achieve the same or similar results. Your results depend on many factors outside our control — including your market, your offering and pricing, your customers, the platforms you use and the quality, accuracy and completeness of the information you provide — and you accept the risk that results vary from business to business.
5. We do not guarantee that any message, post, invoice or other communication sent or published through the Service will be delivered, displayed, received or read, or that it will be delivered at any particular time. Delivery depends on third parties and factors outside our control, including telecommunications carriers, messaging, email and social media platforms, carrier filtering and blocking, spam and content filters, rate limits, recipient device and account settings, and platform outages. You should not rely on the Service as your only channel for time-critical or legally required communications, and you are responsible for verifying that important communications have been received.
6. Information that the Service retrieves from Connected Accounts and from other systems or sources you point us to — for example, calendar entries, bookings, customer records, order and payment data, website content and social media profiles — is used as we receive it. We do not verify that information and are not responsible for its accuracy, completeness or currency, or for any Output generated, or any action performed, on the basis of inaccurate, incomplete or outdated information from those systems.
7. Empacer makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on statements or other information offered or provided within or through the Service. If you have specific concerns, or a situation arises in which you need professional advice, you should consult an appropriately trained and qualified specialist.
8. We specifically disclaim any representations or warranties, express or implied, including without limitation warranties relating to the accuracy, reliability, correctness, timeliness or completeness of information made available on the Website or otherwise by us (including any advice, opinion, statement or other material or database displayed, uploaded or distributed through the Website), and warranties otherwise relating to performance, non-performance or other acts or omissions by us or any third party.
9. Empacer disclaims responsibility for any loss, damage or injury arising out of or in connection with the use of information on the Service. Empacer will not be liable to you for any indirect, consequential, special, incidental, punitive or exemplary damages resulting from access to or use of the Service or the Digital Content, tools or features, or in connection with any failure of performance, error, transmission, computer virus, or line or system failure, including without limitation lost profits, lost savings and lost revenues.
10. AI-generated Output is subject to the additional disclaimers set out in Sections 7 and 8, including the disclaimer relating to inaccurate or fictional Output.
11. To the fullest extent permitted by law, the Service and the Digital Content are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in this Section excludes or limits any warranty that cannot be excluded or limited under applicable law.
Limitation of Liability
1. IN NO EVENT SHALL WE (OR OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE DIGITAL CONTENT) AND PRODUCTS, OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE DIGITAL CONTENT AND USER CONTENT) AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING FROM THEM.
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU AGREE THAT THE AGGREGATE LIABILITY OF EMPACER LTD. TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE (INCLUDING ANY APPLICATION THROUGH WHICH IT IS PROVIDED), THE CONTENT OR OUR PRODUCTS IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO EMPACER LTD. FOR ACCESS TO AND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET OUT ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN EMPACER LTD. AND YOU.
3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
4. For Australian residents, the Service comes with guarantees under the Australian Consumer Law that cannot be excluded. In the case of a major failure, you are entitled to: (a) terminate the agreement for the provision of the Service; and (b) receive either a refund for the unused portion of the Service or compensation for its reduced value. If the failure does not amount to a major failure, we will remedy the issue within a reasonable time. If we fail to do so, you may terminate the agreement and request a refund for the portion of the Service that you have not used. You may also be entitled to compensation for any other reasonably foreseeable loss or damage arising as a result of the failure of the Service.
Indemnification
1. In no event will Empacer be liable for any loss, damage or injury, including without limitation any indirect, consequential, special, incidental or punitive damages, arising out of or in connection with the use of the Service, including but not limited to any decision made or action taken in reliance on the information contained in the Service, or any errors or omissions in the Service.
2. By using the Service, you agree to indemnify, defend and hold harmless Empacer from and against any and all claims, complaints, lawsuits and other liabilities, including reasonable attorneys' fees, that may arise from your use of the Service or from your decision to follow any advice, recommendation or instruction provided in it.
3. You agree to indemnify and hold harmless Empacer Ltd., its successors, subsidiaries, affiliates and related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including for costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service or the Digital Content, (ii) your User Content, or (iii) your breach of these Terms.
Changes to the Service
1. We may update the Service from time to time and may change information on it without notice. Please note that certain circumstances beyond our control may cause delays in providing the Service.
2. We may at any time modify or discontinue the Service (or any part of it), temporarily or permanently, at our sole discretion, with or without notice. You agree that, to the maximum extent permitted by law, we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Changes to These Terms
1. We may update these Terms from time to time, for example to reflect changes in legislation or in our business operations. We will give you 30 (thirty) days' advance notice of any material adverse change to the Service or to these Terms.
2. Except where mandatory law requires otherwise, all other changes take effect upon posting with an updated "Date of Last Revision", and no additional notice will be given. If you continue to use the Service after any change, you will be deemed to have accepted that change.
3. If you receive notice from us of a material change, you will have 30 (thirty) days from the date of that notice to object to the change or to opt out of the Service by sending us written notice. If you do not object or opt out within that period, you will be deemed to have accepted the change.
Suspension and Termination
1. You may stop using the Service at any time. Cancellation of your subscription is governed by Section 12 and by the Subscription Terms.
2. We may suspend or terminate your access to the Service, or refuse any current or future use of it, where:
3. 1. you breach these Terms;
  2. you provide information that is untrue, inaccurate, not current or incomplete;
  3. a payment for your subscription is not successfully authorized; or
  4. you repeatedly infringe the intellectual property rights of others.
4. Termination does not affect any rights or obligations that accrued before it. Provisions of these Terms which by their nature are intended to survive termination, including Sections 14, 19, 20, 21, 25 and 26, will continue to apply.
Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY AND MAKE SURE YOU UNDERSTAND IT. IT DETERMINES HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE HANDLED.

BY ACCEPTING THIS SECTION, YOU GIVE UP YOUR RIGHT TO TAKE PART IN A CLASS ACTION LAWSUIT AND YOUR RIGHT TO A TRIAL BY JURY.

YOU ALSO AGREE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION, UNLESS YOU EXERCISE YOUR RIGHT TO REJECT ARBITRATION AS DESCRIBED BELOW.

You and Empacer Ltd. ("we" or the "Company") agree that all Disputes (including any related disputes involving the Company, its subsidiaries or its affiliates) will be resolved through binding arbitration as described below, with two exceptions: (i) claims that fall within the jurisdiction of a small claims court, provided they are not class action disputes and satisfy that court's jurisdictional and monetary limits; and (ii) disputes concerning intellectual property rights. A "Dispute" is any claim, controversy or legal action between you and the Company relating to the Website, the Service or this Agreement (the "Arbitration Agreement"), whether it arises from past, present or future events and whether it is based on contract, tort, statute or common law. "Dispute" also covers disagreements about the interpretation, applicability or enforceability of these Terms or about the formation of this Arbitration Agreement, including whether any part of it is invalid or unenforceable.

Mandatory Pre-Filing Notice Procedure

You and we agree that informal, good-faith attempts to resolve disputes frequently produce a quicker and less expensive result. Accordingly, before you assert a claim in respect of any Dispute (as defined above) against the Company, you must first send the Company written notice of the Dispute (a "Notice") giving the Company basic information about you and the Dispute. Every Notice must contain (i) your name, address and email address; (ii) a detailed description of your Dispute; (iii) any relevant facts about your use of the Website and the Service (including your account ID, screenshots of your profile and anything else that will help us to identify your account); (iv) a detailed description of the relief you are seeking, including a calculation of any monetary damages claimed; and (v) a statement, signed personally by you (and not by your attorney), confirming that the information in the Notice is accurate. The Notice must be individualized: it may concern your dispute only and not that of anyone else. If you are completing a Notice on behalf of another person, you must include all of the information listed above together with a statement explaining your relationship to that person and why they are unable to complete the Notice themselves.

The Notice must be sent to the Company at the following address:

Vasili Vryonidi 6, 5th floor, 3095, Limassol, Cyprus

Attention: Legal

If we need to send a Notice to you, we will use the contact details we hold for you, which may include, where applicable, the contact details linked to your account.

Once a Notice has been received, you and we agree to make good-faith efforts, through informal negotiation, to resolve the Dispute over a period of 60 days. That period may be extended if you and we agree that an extension is likely to lead to a resolution. As part of the informal negotiation, you and we each agree to attend at least one individualized video conference (the "Video Conference"). The Video Conference may take place via Zoom, Microsoft Teams, WhatsApp or any similar platform that you and we agree on and both have access to, and it may be held after the 60-day period if necessary. If you have an attorney acting for you in the Dispute, your attorney may join the Video Conference, but you must still attend and take part in good faith. The Company is likewise obliged to take part in the Video Conference through one or more of its representatives and may also be accompanied by one or more of its attorneys. If you cannot participate by video, you may take part by telephone provided that you certify in writing that circumstances prevent you from appearing on video (for example, because you have no access to a phone with a working camera or cannot obtain a stable internet connection). You and we agree that we (and our respective attorneys, where instructed) will work together to schedule the Video Conference for the earliest mutually convenient time after a Notice is received, and that we will each use our best efforts to resolve the Dispute at the Video Conference. If the matters raised in the Notice have not been resolved within 60 days of receipt of a completed Notice (or such longer period as may be agreed), either you or we may begin arbitration or bring proceedings in a small claims court.

Compliance with these Informal Dispute Resolution Procedures is mandatory, and the Pre-Filing Notice procedures (including the Video Conference requirement) are a condition precedent to starting any arbitration or small claims court action. Failing to follow them constitutes a breach of this Arbitration Agreement.

The Mandatory Pre-Filing Notice procedures are essential in giving you and the Company a real opportunity to resolve Disputes in an inexpensive and efficient way. Unless applicable law prohibits it, the arbitration provider shall not accept or administer any demand for arbitration unless the party making the demand certifies in writing that the Mandatory Pre-Filing Notice procedures (including the Video Conference requirement) have been fully complied with. If the party filing the demand does not enclose a written certification that the Pre-Filing Notice procedures (including the Video Conference) were completed, the arbitration forum shall administratively close the demand and the responding party shall owe no fees. A court of competent jurisdiction shall have the power to enforce this provision and to enjoin any arbitration or small claims court proceeding accordingly.

Every offer, promise, statement and item of conduct made in the course of the Mandatory Pre-Filing Notice process by any party or its agents, employees or attorneys is confidential and may not be used as evidence for any purpose in any later proceeding (other than to certify in writing that the Mandatory Pre-Filing Notice procedures were completed before a demand for arbitration was submitted). Evidence that would otherwise be admissible or discoverable does not become inadmissible or non-discoverable by virtue of this Section.

Small Claims Court

Subject to the applicable jurisdictional requirements and to the Mandatory Pre-Filing Notice requirements described above, either you or the Company may choose to bring a Dispute in a local small claims court instead of arbitration, provided that the matter stays in small claims court and is pursued on an individual basis only. Where one party has already filed an arbitration demand, the other party may, at its sole discretion, notify the arbitral forum that it elects to have the Dispute decided in small claims court. The arbitral forum will then administratively close the arbitration and the Dispute will be heard by the appropriate small claims court, with no fees payable by the arbitration respondent.

What is Arbitration?

Arbitration is a less formal way of settling our differences than a lawsuit in court. It relies on a neutral arbitrator instead of a judge or jury, involves narrower discovery and is open to only very limited review by the courts. Despite its informality, an arbitrator can award some of the same individualized damages and relief that a court could. What an arbitrator cannot do is order a party to do something or to refrain from doing something, which is known as "equitable relief". Either you or we may apply to a court for equitable relief, including by moving to compel the other party to comply with this Arbitration Agreement; however, you and we agree that the only courts in which we will seek equitable relief are the state and federal courts located in Delaware. This carve-out for equitable relief does not amount to a waiver of this Arbitration Agreement. You and we agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this Section. A court of competent jurisdiction has exclusive authority to decide any dispute about the interpretation, applicability or enforceability of this binding arbitration agreement. This arbitration provision survives the termination of these Terms and the closure of your account.

CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND THE COMPANY EACH GIVE UP THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT, IN FAVOR OF ARBITRATION (OTHER THAN THE SMALL CLAIMS COURT OPTION DESCRIBED ABOVE). YOU AND THE COMPANY EACH ALSO GIVE UP THE RIGHT TO BRING OR JOIN A CLASS ACTION LAWSUIT AGAINST THE OTHER, INCLUDING ANY CLASS ACTION AGAINST THE COMPANY THAT IS CURRENTLY PENDING. TO THE FULLEST EXTENT THE LAW ALLOWS, NO CLAIM MAY BE LITIGATED IN COURT ON A CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED BASIS.

SAVE FOR THE MASS FILING PROCEDURES SET OUT BELOW, YOU AND WE AGREE THAT:

THE ARBITRATOR MAY GRANT FINAL RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING IT, AND ONLY TO THE EXTENT REQUIRED TO PROVIDE THE FINAL RELIEF THAT THAT PARTY'S OWN CLAIM JUSTIFIES;
THE ARBITRATOR MAY NOT GRANT FINAL RELIEF FOR, AGAINST OR ON BEHALF OF ANY PERSON WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS.

IF A COURT RULES THAT ANY OF THE PROHIBITIONS IN THIS PARAGRAPH CANNOT BE ENFORCED IN RELATION TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, AND THAT RULING IS UPHELD ON ALL APPEALS AND BECOMES FINAL, THEN YOU AND THE COMPANY AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF WILL PROCEED IN COURT BUT WILL BE STAYED UNTIL THE REMAINING CLAIMS YOU HAVE BROUGHT HAVE BEEN INDIVIDUALLY ARBITRATED. IF THIS SPECIFIC PARAGRAPH IS HELD TO BE UNENFORCEABLE, THE WHOLE OF THIS ARBITRATION PROVISION (OTHER THAN THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCEDURE) SHALL BE NULL AND VOID.

Arbitration Procedure

The arbitration shall be governed by the applicable rules of National Arbitration & Mediation ("NAM"), including, as applicable, the Comprehensive Dispute Resolution Rules and Procedures and the Supplemental Rules for Mass Arbitration Filings (the "NAM Rules"), as modified by this Arbitration Agreement, and shall be administered by NAM. The NAM Rules can be found online at www.namadr.com or obtained by written request sent to the Notice address given above. A form for commencing arbitration with NAM is available at https://www.namadr.com/content/uploads/2024/03/Comprehensive-Demand-for-Arb-revised-3.21.2024.pdf or by contacting NAM.

Should NAM be unavailable or unwilling to administer the arbitration, the parties shall select another arbitration provider to do so; if the parties cannot agree on an alternative administrator, one shall be appointed by the court pursuant to 9 U.S.C. §5.

You and we agree that the party commencing arbitration must enclose with its demand for arbitration a written certification that it has complied with and completed the Mandatory Pre-Filing Notice and Informal Dispute Resolution Procedures. Both the demand for arbitration and the certification must be personally signed by the party commencing arbitration (and by its attorney, if it is represented).

The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed remotely in accordance with the NAM Rules, as modified by this Arbitration Agreement. To streamline the process and reduce the parties' costs and burdens, you and the Company agree to the following rules: (i) the arbitration will take place online and/or be decided solely on written submissions, the precise method to be chosen by the party commencing the arbitration; (ii) no personal appearance by the parties or witnesses will be required unless the parties agree otherwise in writing or the arbitrator decides that a formal hearing is needed; and (iii) judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

If an in-person hearing is required and you live in the United States, it will be held in Delaware, unless the arbitrator finds that this would cause you hardship, in which case the in-person hearing may be held in the state and county where the claimant resides. If you live outside the United States, the venue of any in-person hearing will be determined under the NAM Rules.

The arbitrator's award will be in writing and will set out the reasons for the decision on each claim. In conducting the arbitration, the arbitrator will apply the laws of the State of Florida. You acknowledge that these Terms and your use of the Service evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement and conduct of the proceedings.

The arbitrator is bound by, and must adhere to, this Arbitration Agreement. Where the NAM Rules conflict with this Arbitration Agreement, this Arbitration Agreement prevails. If the arbitrator finds that strictly applying any term of this Arbitration Agreement would make the arbitration fundamentally unfair, the arbitrator may modify that term to the extent needed to secure a fundamentally fair arbitration that remains consistent with the efficient and inexpensive resolution of Disputes.

Unless you and the Company agree otherwise, the arbitration will be held virtually, by video or teleconference.

Decision of the Arbitrator

Save in extraordinary circumstances, the arbitrator will deliver a decision within 120 days of being appointed, and may extend that deadline by a further 30 days where the interests of justice require. All arbitration proceedings are closed to the public and confidential, and all related records will be permanently sealed except to the extent needed to obtain court confirmation of the award. The arbitrator's award will be in writing and will include the reasons for the decision on each claim.

The award binds only you and the Company and has no preclusive effect in any other arbitration or proceeding involving a different party.

Fees

The payment of arbitration fees (the fees charged by the arbitration administrator, including filing, arbitrator and hearing fees) is governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If, once all potentially available fee waivers have been exhausted, the arbitrator concludes that the arbitration fees would be prohibitive for you compared with the cost of litigation, we will pay as much of your filing, arbitrator and hearing fees as the arbitrator considers necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator finds that your claim(s) were frivolous, brought for an improper purpose or made in bad faith.

You and we agree that arbitration should be cost-effective for everyone involved and that either party may approach NAM about reducing or deferring fees.

Confidentiality

At the request of either you or us, the arbitrator will issue an order providing that confidential information disclosed by either party during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or with proceedings to enforce the award, and that any permitted court filing containing confidential information must be made under seal.

Settlement Offers and Offers of Judgment

No later than ten (10) calendar days before the date fixed for the arbitration hearing, either you or the Company may serve on the other a written offer of judgment allowing judgment to be entered on specified terms. If the offer is accepted, it shall be submitted, together with proof of acceptance, to the arbitration provider, which shall enter judgment accordingly. If the offer is not accepted before the arbitration hearing or within thirty (30) calendar days of being made, whichever comes first, it is deemed withdrawn and may not be put in evidence in the arbitration. If a party declines an offer made by the other party and then fails to obtain a more favorable award, that party shall not recover its post-offer costs and shall pay the offering party's costs incurred from the time of the offer (which, solely for the purposes of offers of judgment, may include reasonable attorneys' fees to the extent they are recoverable by statute, capped at the amount of damages awarded).

The parties agree that any dispute about settlement offers or offers of judgment in a Mass Filing is to be decided by a single arbitrator, to the extent the offers share the same material terms. In arbitrations involving represented parties, the attorneys for those parties agree to convey each individual settlement offer or offer of judgment to every arbitration claimant or respondent to whom it is addressed.

Additional Procedures for Mass Arbitration Filings

The provisions below set out further procedures that apply to mass arbitration filings. Where ten (10) or more similar claims are brought against the Company by the same or coordinated attorneys, or are otherwise coordinated, in line with the definition and criteria for "Mass Filings" in the NAM Rules, you and we acknowledge and agree that these additional procedures will apply and that the resolution of your dispute may be delayed. You and we agree that throughout this process our attorneys will meet and confer about adapting these procedures to the specific needs of the Mass Filing. You and we agree to make every reasonable effort to maximize the integrity and efficiency of arbitration as a means of resolving Disputes between us, especially those involving Mass Filings, and we each undertake to follow the procedures in this Section in good faith. The parties further agree that these Mass Filing procedures have been reasonably designed to produce an efficient and fair adjudication of claims.

Bellwether Arbitrations for Mass Filings. Courts and arbitration administrators encourage bellwether proceedings where there are many disputes involving similar claims against the same or related parties. The parties shall choose ten individual arbitration claims (five per side) to serve as the "Initial Test Cases" and to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator; all other claims shall be held in abeyance. Consequently, filing fees will be paid only for the Initial Test Cases; for every other demand for arbitration in a Mass Filing, the filing fees (and any consideration of those demands by an arbitrator) will be held in abeyance, and neither you nor the Company will have to pay them. You and the Company also agree that neither of us will be treated as being in breach of this Arbitration Agreement for not paying such filing fees, and that neither of us will be entitled to any contractual, statutory or other remedy, damages or sanction of any kind for non-payment of such fees. If, under this subsection, a party files non-bellwether arbitrations with the arbitration provider, the parties agree that the provider shall hold those demands in abeyance and shall not refer them to the arbitrator until the Initial Test Cases have been resolved. Unless the claims are settled earlier or the timetable is extended, the arbitrators will issue a final award in the Initial Test Cases within 120 days of the initial pre-hearing conference.

Global Mediation in Mass Filings. Once the Initial Test Cases have been resolved, the parties agree to take part in a global mediation of all remaining individual arbitration claims that make up the Mass Filing (the "Global Mediation"), with any filing costs relating to the non-Initial Test Cases deferred until the Initial Test Cases and the ensuing Global Mediation have concluded. After the final awards in the Initial Test Cases have been provided to the mediator, the mediator and the parties will have 90 days to agree on a substantive methodology and to make an offer to resolve the outstanding cases. If the parties cannot resolve the outstanding claims through the Global Mediation, they may elect to opt out of arbitration and pursue the remaining claims in court. Notice of such an opt-out must be given in writing within 60 days after the Global Mediation closes. If no opt-out notice is given, the arbitrations may then be filed with, and administered by, the arbitration provider. You and we also acknowledge that any applicable statute of limitations is tolled while the global mediation process is pending.

Severability. If any part of this Mass Arbitration provision is held to be invalid, void or unenforceable, that part shall be severed from the Arbitration Agreement without affecting the validity or enforceability of its remaining provisions.

Opting Out of this Arbitration Agreement

Existing Users. Users who have previously agreed to arbitrate may reject this updated Arbitration Agreement by using the opt-out method described below; however, such users remain bound by the most recent earlier version of the Arbitration Agreement and by these Terms in all other respects. Previous or existing users who do not opt out of this updated Arbitration Agreement will be bound by it, and it will apply to all disputes between them and the Company, including disputes that arose (but were not actually filed in arbitration) before the effective date of these Terms. Arbitration demands that were actually filed with an arbitration provider before the effective date of this Arbitration Agreement, in compliance with an earlier version of it, remain subject to that earlier version.

Opting Out. You may opt out of this Arbitration Agreement by sending written notice of your decision to support@empacer.com within 30 days after your first use of the Service. Your notice must state:

your name;
your username (if you have one);
the email address you used to set up your account; and
an unambiguous statement that you wish to opt out of this Arbitration Agreement.

If you opt out of this Arbitration Agreement, every other part of these Terms, and any other agreement between you and the Company, continues to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreement you currently have, or may later enter into, with us.

Arbitration Agreement Survival. This Arbitration Agreement survives the end of your relationship with the Company, including any withdrawal of consent or any other step you take to stop using the Service or to cease communicating with the Company.

Severability. If any part of this Arbitration Agreement is found to be void, invalid or otherwise unenforceable, that part shall be treated as severable and, where possible, replaced by a valid and enforceable provision (or part of one) that reflects the intent of the original as closely as possible. The rest of this Arbitration Agreement shall remain valid and enforceable in accordance with its terms.

Governing Law and Jurisdiction
1. The laws of Cyprus, excluding its conflict-of-laws rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national or international laws.
2. To the extent that any action relating to a dispute under these Terms is brought before a court, it shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you irrevocably submit to the personal jurisdiction of those courts and waive any defence of inconvenient forum.
3. If you are a consumer based in the EEA, the UK or Switzerland: nothing in these Terms deprives you of the protection afforded to consumers by the mandatory rules of law of the country in which you live. If you have a complaint, please contact us at support@empacer.com. You may bring any dispute arising under these Terms before the competent court of your country of habitual residence if that country is in the EEA, and those courts, to the exclusion of any other court, are competent to settle any such dispute. The Company shall bring any dispute arising under these Terms before the competent court of your country of habitual residence.
General Provisions
1. These Terms, together with the Privacy Policy, the Subscription Terms and any additional terms presented to you at the time of purchase, constitute the entire agreement between you and us regarding the Service.
2. If any provision of these Terms (other than the Arbitration Agreement, whose severability is governed by Section 25) is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
3. Our failure to enforce any provision of these Terms shall not be treated as a waiver of our right to enforce that provision, or any other provision, at a later time.
4. We may assign or transfer our rights and obligations under these Terms to an affiliate or to a successor of our business. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
5. We may give you notices by email, by posting them on the Website or within the Service, or in any other prominent way. Notices to us should be sent through the Support Center or to the addresses set out in Section 28, unless these Terms specify a different method for a particular notice.
Contact Us
1. If you have any questions or concerns, please do not hesitate to contact our Support Service through the Support Center.

Empacer Ltd.

Registration number: HE 497961

Vasili Vryonidi 6, 5th floor, 3095, Limassol, Cyprus

Email: support@empacer.com