Terms of Service

EMBARK Business Systems provides IT consulting, custom software development, systems integration, workflow automation, and related technology services. The specific scope of services for any engagement will be defined in a separate Statement of Work (SOW) or service agreement.

Our services may include but are not limited to:

• Custom business software development
• Workflow automation and process optimization
• Systems integration and API development
• Internal tools and portal development
• Reporting dashboards and analytics solutions
• IT consulting and strategic technology guidance
• Ongoing support and maintenance services

To ensure successful project delivery, clients agree to:

• Provide accurate and complete information necessary for project execution
• Make timely decisions and provide feedback as requested
• Designate authorized representatives for project communications
• Ensure availability of necessary resources, systems, and access credentials
• Review and approve deliverables within agreed timeframes
• Comply with all applicable laws and regulations in connection with the services

When using our website or services, you agree not to:

• Use our services for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our services
• Transmit any viruses, malware, or other harmful code
• Misrepresent your identity or affiliation with any person or entity
• Use our services to infringe upon the intellectual property rights of others

Our Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of EMBARK Business Systems LLC or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without express written permission.

Client Work Product

Unless otherwise specified in a separate agreement, upon full payment for services, clients receive ownership of custom-developed software and deliverables created specifically for their project. EMBARK retains the right to use general knowledge, skills, and experience gained during the engagement.

Pre-Existing Materials

EMBARK retains ownership of all pre-existing materials, frameworks, libraries, and methodologies that may be incorporated into client deliverables. Clients receive a perpetual, non-exclusive license to use such materials as part of their delivered solution.

Both parties agree to maintain the confidentiality of proprietary and sensitive information disclosed during the engagement. This includes business processes, technical specifications, financial information, and other materials not publicly available.

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was known to the receiving party prior to disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law or legal process

Payment terms for services are specified in individual project agreements or Statements of Work. General payment terms include:

• Invoices are due within 30 days of receipt unless otherwise agreed
• Project-based work may require milestone payments as defined in the agreement
• Late payments may incur interest charges as permitted by law
• We reserve the right to suspend services for overdue accounts

All fees are exclusive of applicable taxes, which will be added to invoices where required.

EMBARK warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. For a period of 30 days following delivery (or as otherwise specified in the project agreement), we will correct any defects in deliverables that fail to materially conform to agreed specifications.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES AND WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBARK BUSINESS SYSTEMS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless EMBARK Business Systems LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your violation of these Terms or your use of our services.

Either party may terminate a service engagement according to the terms specified in the applicable project agreement. In the absence of specific termination provisions:

• Either party may terminate with 30 days written notice
• Termination does not relieve either party of obligations accrued prior to termination
• Client remains responsible for payment for all services rendered through termination date
• EMBARK will deliver all completed work product upon receipt of final payment

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be resolved in the state or federal courts located in Orange County, Florida, and you consent to the personal jurisdiction of such courts.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our website or services following any changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

If you have questions about these Terms of Service, please contact us: