Terms and Conditions

Last updated April 20 2023
These Employ Terms and Conditions constitute a legally binding agreement between You, whether in a personal capacity or on behalf of an entity ("You"), and PROCESS MOTION LLC ("Employ," "We," or "Our"), each being a "Party" and collectively referred to as the "Parties." These terms govern your access and utilization of the employ.digital website, as well as other websites, domains, subdomains, application programming interfaces ("APIs"), bots, frameworks, development environments, templates, documentation, configurations, mobile websites, or related mobile applications, linked or otherwise connected (collectively, the "Services").

Unless stated otherwise, the Services are our exclusive property, including source code, databases, software, designs, multimedia, text, and graphics (collectively, "Content"). Trademarks, service marks, and logos (the "Marks") are owned by us or licensed. These are protected by copyright, trademark, and intellectual property laws.

Content and Marks on the Services are provided "AS IS" for personal use. Unless explicitly allowed in these Terms, no part of the Services, Content, or Marks may be used for commercial purposes without our written permission.

If eligible to use the Services, you're granted a limited license for personal access, use, and downloading or printing of Content. All other rights to Services, Content, and Marks are reserved by us.

By using the Services, you confirm and ensure that:

- You've registered an account with your full and legal name, and with an email address that isn't temporary.
- You possess legal capacity and commit to abiding by these Terms and Conditions.
- You're not underage according to the laws of where you live.
- You won't attempt to access the Services through non-human or automated means, such as bots or scripts.
- You won't employ the Services for unauthorized or illicit purposes.
- Your engagement with the Services will adhere to current laws and regulations.

If you provide us with false, outdated, or incomplete information, we reserve the right to pause or cancel your account and deny any present or future use of the Services (or part thereof).

We prioritize the protection and privacy of your data. Kindly consult Our Privacy Policy at: https://www.employ.digital/legal/privacy-policy. By engaging with our Services, you consent to the stipulations of Our Privacy Policy, which is an integral part of these Terms and Conditions. Please note that our Services are based in the United States. If you're accessing our Services from a region with data collection, usage, or disclosure laws that vary from U.S. regulations, your continued interaction with our Services implies your data will be sent to the U.S. By doing so, you consent to your data being transferred to, and processed within, the United States.

From the moment You start using the Services, these Terms and Conditions will be effective and will continue to be so until they are ended in line with their stipulations. Regardless of the contents here, the Agreement can be ended:

- By any Party, by giving a written notice, if:
  • the opposite Party no longer operates effectively;
  • a manager, trustee, or any other person in charge is chosen or agreed upon for the other Party or its properties;
  • the other Party can't meet its financial obligations when they're due;
  • the other Party decides to allocate benefits to its creditors;
  • the other Party gets disbanded or liquidated; or
  • any legal actions concerning bankruptcy or debt relief concerning the other Party start and aren't concluded within 60 days.
- By either Party, if the other significantly violates these Terms and Conditions and doesn't address the violation within thirty (30) days of getting a written notice; or

- By Us directly upon sending You a written notice if You breach any section of these Terms and Conditions.


If we decide to halt or pause Your account for any reason, You're not allowed to register or set up another account using Your identity, a made-up or borrowed identity, or someone else's name, even if you might be representing that person. Apart from halting or freezing Your account, We keep the right to seek relevant legal steps, which might include pursuing legal, penal, or preventive measures.

Ending these Terms and Conditions doesn’t prevent Us from seeking any accessible actions against you or free You from the duty to settle any charges that you owe up to that point. Any duties, privileges, or actions that are meant to last past the ending of these Terms and Conditions will continue after such ending.

At Our discretion, you might need to buy or pay a certain fee to use some or all of Our Services. It's essential that you give us up-to-date, comprehensive, and precise details regarding purchases and your account whenever you make transactions through our Services. It's also crucial for you to swiftly update your account details, including your email, payment type, and card's expiry date, ensuring we can finalize your transactions and get in touch when necessary. We send you bills electronically for any services you acquire. We'll incorporate sales tax to the total amount of purchases if we find it necessary. Price adjustments can occur without prior notice. Every payment must be in U.S. dollars and settled within forty-five (45) days from the time we acknowledge the receipt.

We take payments through:
- Visa
- Mastercard
- American Express
- PayPal
- Bank Transfers

You're committed to settling all costs and charges at the rates applicable during your purchase time. Plus, you grant us permission to debit the required amounts from your selected payment option when you buy.

Should there be any ongoing charges linked to your purchase, you allow us to make these charges to your payment method regularly, without getting your consent each time, up until you inform us of your decision to cancel.

We hold the authority to amend any pricing errors, even post-payment request or receipt. Also, we can decline any purchase requests made through our Services.

At our discretion, we might provide new registrants of the Services with a complimentary trial. Once the trial concludes, users might have the opportunity, again at our discretion, to continue using a version of the Services.

All sales are final with no refunds. To terminate your subscription, either access your account or get in touch with us using the details provided below. Your subscription will conclude at the close of the existing paid period.If our services don't meet your expectations, kindly reach out to us at: support@employ.digital.

We hold the authority to alter, adjust, or delete content from the Services anytime, for any motive, at our discretion, without advance warning. Nonetheless, we aren't obligated to refresh content on our Services. We further maintain the right to adjust, halt or end all or segments of the Services, without giving prior notice. We bear no responsibility to you or any other party for any changes, cost alterations, suspensions, or discontinuations.

The constant availability of the Services isn't guaranteed. We might encounter technical issues, require upkeep, or face other challenges causing delays, errors, or breaks in the service. We maintain the right to modify, revise, halt, or adjust the Services at any moment and for any reason, without giving you advance notice. By using our Services, you understand and agree that we aren't responsible for any harm, losses, or inconveniences you might face due to unavailability or changes in the Services. Nothing within these terms implies a duty on our part to keep the Services updated or to provide any fixes or updates.

Use of our Services should be strictly for the purposes we intend. Do not employ the Services for commercial purposes unless explicitly allowed by us.

While using our Services, refrain from the following:
- Collecting data from the Services to establish or form any database, directory, or similar compilation without our explicit consent.
- Deceiving us or any other user, particularly when trying to access confidential information like passwords.
- Tampering with security measures, or limitations set on content usage and duplication within the Services.
- Making disparaging remarks or actions that might damage our reputation or the Services.
- Misusing any information acquired from the Services to harm, harass, or upset another individual. Do not misuse our support or falsely report any issues.
- Operating the Services in ways that go against any relevant laws or regulations.
- Unsanctioned framing or hyperlinks related to the Services.
- Uploading or distributing harmful content, including but not limited to, malware, viruses, or spam that might disrupt the Services or its performance.
- Employing automated methods or tools like scripts, robots, or data miners on our system.
- Erasing any copyright notices or proprietary marks from our content.
- Posing as or utilizing the username of another user.
- Transmitting any form of passive or active data collection tools, including "spyware" or similar mechanisms.
- Creating disturbances or unnecessary load on our Services or any related networks.
- Harassing or threatening our staff or representatives assisting with the Services.
- Trying to evade any preventive measures set to restrict unauthorized access.
- Replicating or altering our Services' software or any coding involved.
- Reverse engineering our software, unless legally allowed.
- Deploying any automated systems that might access our Services unsanctionedly.
- Using third-party agents to make transactions within our Services.
- Unauthorized activities within the Services, such as mass-collecting user information or establishing accounts under false premises.
- Exploiting our Services for competitive or commercial pursuits without our direct consent.

The Services do not allow users to post content that is publicly accessible to those outside of their organization. At our discretion, we may provide you with the opportunity to upload, develop, submit, display, share, disseminate, or present content and materials on the Services, such as text, videos, audios, images, graphics, comments, suggestions, or other information (referred to as "Applications"). These Applications might be accessible by other users of the Services and on third-party platforms. Thus, any Application you provide will be managed in accordance with the Privacy Policy of the Services and must adhere to all other terms set out in this Agreement. By providing or sharing any Application, you guarantee and state that:

- Generating, sharing, transmitting, or displaying your Applications will not violate proprietary rights of third parties, such as copyrights, patents, trademarks, or trade secrets.
- You are the author and owner of the Applications or have the necessary authorizations and permissions for us and other users of the Services to use them as contemplated here.
- You have obtained the proper consent from all identifiable people in your Applications to use their names or images according to these Terms and Conditions.
- Your Applications are truthful and do not aim to deceive or mislead.
- Your Applications are not unwanted promotions, invasive advertising, or fraudulent schemes.
- Your Applications uphold a standard of respect and are not offensive, violent, or inappropriate by our standards.
- Your Applications do not aim to ridicule, intimidate, or harm anyone.
- Your Applications comply with all applicable laws and regulations.
- The Applications respect third-party privacy rights and do not violate regulations on child protection.
- Your Applications avoid discriminatory comments related to race, gender, sexual orientation, or disabilities.
- Applications do not contain malware, viruses, or any other harmful material that might disrupt the proper functioning of the Services.
- Under no circumstances do your Applications violate these Terms and Conditions or any relevant legislation.

Failure to comply with these conditions may result in the revocation of your rights over the Services or other corrective actions.

You acknowledge that We have the right to access, hold, manage, and utilize any data or personal information you supply in line with our Privacy Policy and based on your preferences, which can be adjusted in the settings.

By providing insights or feedback related to our Services, you give us the permission to utilize and disseminate this feedback as we see fit without any obligation to remunerate you.

WE DON'T CLAIM OWNERSHIP OF YOUR APPLICATIONS. You continue to hold all rights to your APPLICATIONS, including intellectual property or any related proprietary rights. WE AREN'T ACCOUNTABLE for any claims or assertions in your APPLICATIONS that you put forth in any section of the Services. You alone are answerable for the APPLICATIONS you submit to the Services, and you explicitly pledge to shield us from any liabilities and abstain from pursuing any legal measures against us in relation to your APPLICATIONS.

Cloud Connection: You acknowledge that Employ is not accountable for any data loss, service disruptions, or other complications arising from utilizing the software, which may be influenced by third-party cloud service providers hosting the Services. You commit to abiding by the terms set by the cloud service provider and bear any costs or fees associated with your usage of the cloud platform.

You understand and concur that any feedback, remarks, ideas, or other insights concerning the Services ("Contributions") that you offer to us are not held in confidence and will become our exclusive asset. We will possess all exclusive privileges, encompassing every intellectual property claim, and will have the complete liberty to utilize and disseminate these Contributions for any legitimate purpose, whether business-related or not, without giving you credit or any form of compensation. You hereby relinquish any personal rights to these Contributions and attest that they are either your original creation or you possess the authority to share them. You acknowledge that you won't hold us accountable for any perceived or genuine violation or unauthorized use of proprietary rights linked to your Contributions.

Our offerings fall under "trade items" per Federal Acquisition Regulation ("FAR") 2.101. For agencies outside the Department of Defense ("DOD"), our services adhere to these Terms in line with FAR 12.212 and FAR 12.211. For the DOD, they align with Defense Federal Acquisition Regulation ("DFARS") 227.7202-3, with DFARS 252.227-7015 applying to technical data. This U.S. Government Rights clause overrides any other related FAR or DFARS provisions in these Terms.

We hold the authority, though not the commitment, to: Oversee the Services for breaches of these Terms; Pursue legal remedies against those who violate these Terms or applicable laws, and if necessary, report them to the relevant authorities; At our discretion, modify, restrict, or discontinue your content or parts of it; Remove or adjust, without any obligation, content that we find overly large or cumbersome to our systems; Administer the Services in ways that safeguard our interests, ensuring its smooth operation.

Accessing the Services, corresponding with Us via email, and filling out online forms are forms of digital interactions. You give permission to receive such digital interactions, and you concur that any contracts, announcements, disclosures, and all other communications provided to you by us, whether through email or via the Services, meet the legal standards for written communications. YOU EXPRESSLY CONSENT TO UTILIZING DIGITAL SIGNATURES, AGREEMENTS, INSTRUCTIONS, AND OTHER DOCUMENTATION, AND TO THE DIGITAL RECEIPT OF NOTIFICATIONS, GUIDELINES, AND TRANSACTION HISTORIES INITIATED OR FINALIZED BY US OR THROUGH THE SERVICES. You relinquish any rights or stipulations from any legal sources in any place that necessitate a handwritten signature, non-digital document storage, or transactions and credits via non-digital methods.

To access the Services, accept Employ's Terms and Conditions and consistently adhere for uninterrupted access.
Besides Employ's main Terms, additional guidelines posted on the Services are included by reference. We may amend these Terms as needed. Changes will be indicated by updating the “Last Updated” date, without individual notifications. Always review the Terms when using Our Services to remain informed. By continuing post any revisions, you acknowledge and accept those changes.

Your use of the Services and these Terms and Conditions are interpreted and directed by the laws of the State of Delaware, not taking into account its principles of conflicts of law.

Binding Arbitration
Should informal negotiations fail, Disputes (excluding those outlined below) will be settled by binding arbitration. This means YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

Arbitration will proceed under the American Arbitration Association ("AAA") Commercial Arbitration Rules and, if necessary, its Supplementary Procedures for Consumer Related Disputes. Details are available at www.adr.org. Arbitration costs will align with the AAA's Consumer Rules. Arbitrations can be in-person, document-based, by phone, or online. Decisions will be in writing with reasons if requested. The arbitrator is bound by applicable law, and the venue will be Delaware unless specified otherwise. In special circumstances, Disputes can be taken to Delaware state or federal courts, with both Parties consenting to this jurisdiction.

If any part of this provision is deemed illegal or unenforceable, that specific Dispute will default to a competent court in Delaware.

Arbitrations address individual Disputes between the Parties. They can't be merged with other cases, turned into class actions, or represent wider interests.

Arbitration Exceptions
The following aren't subject to arbitration:
Disputes over intellectual property rights.
Allegations of theft, piracy, privacy invasion, or unauthorized usage.
Requests for injunctive relief.
If a section is found unenforceable or illegal, affected Disputes will be handled in the competent courts of Delaware. Both Parties agree to this jurisdiction.

The Services may display information with mistakes, discrepancies, or missing details, encompassing descriptions, prices, availability, among others. We maintain the right to rectify such inconsistencies and refresh the information without providing advance notice.

The site is available "as-is" and "when available." You acknowledge that using the Services is solely at your risk. We disclaim all implied or explicit guarantees related to the Services, including but not limited to, implied warranties of merchantability or suitability for specific purposes. We don't assure the correctness or thoroughness of the Service's content or any linked sites. We won't be held accountable for (1) content inaccuracies, (2) any harm or property damage due to your Service usage, (3) unauthorized server access or data breaches, (4) Service transmission interruptions, (5) any third-party introduced malware, or (6) losses from using Service content. We neither endorse nor assume accountability for third-party products or services presented through the Services or any linked websites. When purchasing or engaging with third-party offerings, exercise discretion and judgment.

Under no circumstances will we, our directors, employees, or representatives be held accountable to you or any third party for any direct or indirect damages, whether they be consequential, incidental, special, or of any other nature, including but not limited to lost profits, loss of data, or revenue resulting from the use of our Services. This holds true even if we've been alerted to the potential for such damages.

Regardless of any contrary provisions in this agreement, our financial responsibility to you, for any reason and irrespective of the action's nature, will always be confined to the smaller amount between any fees you might have paid to us in the last six months or $1,000 USD.

Do note, certain state laws within the US and international regulations might not allow for the limitation of certain warranties or the restriction or exclusion of some damages. If you're governed by these laws, you might not be bound by the above-mentioned limitations and could be entitled to more rights.

You commit to protect, compensate, and absolve Us, inclusive of our affiliated companies, partners, and all associated officers, agents, and employees, from any financial loss, damage, liability, or demands, including justifiable legal fees, initiated by a third party due to or resulting from:

Your utilization of the Services;
Non-compliance with these Terms;
Any deviation from the assurances you've provided within these Terms;
Infringement of a third party's rights, particularly those pertaining to intellectual property; or
Any direct adverse action against another Service user you've interacted with.

Despite the above, We retain the right to take charge of our defense against any claims requiring your indemnification, at your expense. You pledge to support our defense efforts. Should such a claim arise, we will endeavor to inform you promptly upon its discovery.

The Terms and Conditions presented here, along with any guidelines or rules shared by Us on the Services, represent the complete understanding between You and Us. If We don't act upon or enforce any right or term within these Conditions, it doesn't mean we're waiving that right or term. These Conditions are enforced to the maximum extent allowed by law.

We have the right to transfer our obligations and rights to others whenever we see fit.
We're not accountable for any damage, delay, or inability to act that's beyond our reasonable control.
If any segment of these Terms is found to be invalid or not enforceable, that part will be considered separate, leaving the rest of the Terms intact and enforceable.
Using these Services doesn't mean a partnership, joint venture, employment, or agency relationship is established between You and Us.
Given that We crafted these Terms, they won't be interpreted against Us.

You acknowledge that the electronic nature of these Terms and the absence of physical signatures doesn't lessen their validity or enforceability.

To address concerns about the Services or to obtain more details about using them, please reach out to Us at: 24600 Katy Fwy, Suite 834, Katy, TX, 77494 - support@employ.digital.