Terms of Service
Last changed: 01-01-2023
Table of content
Welcome to EMBION!
Thanks for using our products and services. Services are provided by EMBION which is a branch of Aarhus University, a company incorporated and operating under the laws of Denmark (Registered Number (CVR): 31119103), and located at Nordre Ringgade 1, 8000 Aarhus, Denmark.
By using our Services, you are agreeing to these terms. Please read them carefully.
Using our Services
You must follow any policies made available to you within the Services.
Do not misuse our Services, for example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not EMBION. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your EMBION Account
You may need a EMBION Account in order to use some of our Services. To protect your EMBION Account, keep your password confidential. You are responsible for the activity that happens on or through your EMBION Account. Try not to reuse your EMBION Account password on third-party applications. If you learn of any unauthorised use of your password or EMBION Account, please contact us at embion@au.dk
Privacy Protection
EMBION`s Privacy policy explain how we treat your personal data and protect your privacy when you use our Services.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we would be sorry to see you go. EMBION may also stop providing Services to you or add or create new limits to our Services at any time.
We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.
Other than as expressly set out in these terms or additional terms, neither EMBION nor its suppliers or distributors makes any specific promises about the Services. For example, we do not make any commitments about the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our Services
When permitted by law, EMBION and EMBION’s suppliers and distributors will not be responsible for lost profits, revenues, missing lectures or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
To the extent permitted by law, the total liability of EMBION and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Services (or, if we choose, to supplying you with the Services again).
In all cases, EMBION and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
We recognise that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumers’ legal rights which may not be waived by contract.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify EMBION and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
These terms govern the relationship between EMBION and you. They do not create any third party beneficiary rights.
If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Governing Law and Courts
If you are a consumer living in the European Economic Area or Switzerland: the laws and courts of your country of residence will apply to any dispute arising out of or relating to these terms. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, but EMBION does not commit to and is not required to settle disputes before any alternative dispute resolution entity.
If you are a business user in the European Economic Area or Switzerland: these terms are governed by Danish law and you and EMBION submit to the exclusive jurisdiction of the Danish courts in relation to any dispute arising out of or relating to these terms, but EMBION will still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
Do you have question about the terms of service. You are more than welcome to contact us at embion@au.dk