EMBEDL TERMS OF SERVICE

Version 2.0 | Effective 21 Oct 2026 | embedl.com/legal/terms/v2.0

These Embedl Terms of Service (these "Terms") govern access to and use of embedl.com, hub.embedl.com, hfviewer.com, the HF Viewer browser extension, the Embedl application programming interfaces, the Embedl container registry, and any other online service that links to them (the "Services"). The Services are operated by Embedl AB, organised under the laws of Sweden with registration number 559160-9341, with a principal place of business at Gamla Almedalsvägen 21, 412 63 Gothenburg, Sweden ("Embedl", "we" or "us").

These Terms include the Acceptable Use Policy at Annex A, the Data Processing Terms at Annex B and, for a paid plan, the Plan Terms presented at purchase. Software made available for download is licensed under its own licence and not under these Terms, and Model Weights are licensed under the licence identified for them, as described in section 6.0.

Your attention is drawn in particular to section 10.0 (restrictions, including the restriction on competing use), section 15.0 (disclaimers), section 16.0 (limitation of liability and your indemnity) and section 19.8 and section 19.9 (governing law and arbitration). If you are a consumer, Annex C sets out rights that these Terms do not limit.

If you do not accept these Terms, do not use the Services.

1. DEFINITIONS

1.1. "Acceptable Use Policy": the policy at Annex A, as published at the address identified in section 2.5.

1.2. "Account": the credentials and record by which a person accesses the Services.

1.3. "Affiliate": in relation to an entity, any entity that, for as long as ownership and control exist: (a) is owned and controlled by that entity; (b) is under common ownership and control with that entity; or (c) owns and controls that entity.

1.4. "AI Agent": a feature of the Hub that performs actions in a Workspace on a user's instructions using a third party artificial intelligence model.

1.5. "Connected Device": hardware that is not operated or rented by Embedl and that a user connects to the Hub using the Runner Agent.

1.6. "Device Farm": the hardware that Embedl operates or rents and makes available for Device Runs.

1.7. "Device Run": the execution of a model on a device in the Device Farm or on a Connected Device, together with the compilation, profiling and measurement associated with it.

1.8. "Embedl Models": the pre-optimised artificial intelligence models that Embedl publishes in the model catalogue, comprising Model Weights and any Optimisation Files supplied with them.

1.9. "Embedl Software": the software that Embedl makes available for download through the Services, including runtime components, Optimisation Files, command line tools and the Runner Agent.

1.10. "Embedl Software Licence": the licence published at embedl.com/legal/software-licence/v2.0, under which Embedl Software is licensed.

1.11. "Hub": the Embedl development and machine learning operations platform at hub.embedl.com, including Workspaces, compilation, profiling, Device Runs, experiment tracking, storage and integrations.

1.12. "Intellectual Property Rights": patents, utility models, rights in inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill, rights in designs, database rights, rights to use and protect confidential information including know-how and trade secrets, and all other intellectual property rights, in each case whether registered or unregistered, together with all applications and rights to apply for them, and all equivalent rights anywhere in the world.

1.13. "Model Weights": the parameters, configuration and tokenizer files of an artificial intelligence model, other than Optimisation Files.

1.14. "Optimisation Files": files that Embedl creates for, or adds to, an artificial intelligence model so that an Embedl optimisation can be used at run time.

1.15. "Plan Terms": the terms applicable to a paid plan, including allowances, credits, billing periods, renewal and trials, as presented at purchase and published at the address identified in section 2.5.

1.16. "Privacy Policy": the Embedl privacy policy published at the address identified in section 2.5.

1.17. "Runner Agent": the Embedl software by which a Connected Device is connected to the Hub.

1.18. "Security Measures": the technical and organisational measures set out in Annex D.

1.19. "Service Data": technical and usage data relating to the Services, including metadata, diagnostic and performance data, error logs, usage statistics, feature utilisation patterns, configuration data and the performance measurements produced by a Device Run, but excluding the models, datasets, files and other material that you submit to the Services.

1.20. "Subject Matter": these Terms, their performance or non-performance, the relationship of the parties, the Services, Your Content, and any and all of the foregoing.

1.21. "Third Party Terms": the licence terms, notice and attribution requirements and acceptable use policies applicable to Model Weights, to third party software, and to third party services made available through or connected to the Services.

1.22. "Workspace": the area of the Hub in which a user or an organisation stores and works on its projects.

1.23. "Your Content": the models, files, images, prompts, data, code, comments and other material that you or your users submit to the Services, and the outputs generated for you, including compiled models, Device Run results and artificial intelligence outputs, but excluding Embedl Software and Optimisation Files contained in any of them.

2. THESE TERMS

2.1. Acceptance. You accept these Terms, together with the Embedl Software Licence, by clicking to accept them when you create an Account. If you already have an Account, you accept the current version by clicking to accept it at your next sign-in. Authenticating to the Embedl container registry with your Account credentials or an Embedl access token, downloading from the Services, and installing the HF Viewer browser extension are use of the Services under the version you have accepted. Where a Service is made available without an Account, you accept these Terms by clicking to accept them before first use of that Service.

2.2. Capacity. The Services are provided for use in the course of a trade, business, craft or profession, and you must be at least 18 years old. A consumer is an individual acting wholly or mainly outside that individual's trade, business, craft or profession. If you are a consumer, Annex C applies to you, and nothing in these Terms limits the rights that mandatory consumer law gives you. If you accept these Terms for an organisation, you confirm that you are authorised to bind it, "you" then means that organisation, and the users it invites act on its behalf. You shall give your value added tax number when buying a paid plan.

2.3. Precedence. If these documents conflict, the following order applies: an agreement signed by both parties, such as an enterprise agreement or an order form; then the Plan Terms; then these Terms; then the Acceptable Use Policy. The Data Processing Terms prevail over the rest of these Terms in respect of the processing of personal data. The licence identified for Model Weights governs those Model Weights, and the Embedl Software Licence governs Embedl Software. The Acceptable Use Policy applies unless a signed agreement expressly varies it. For a consumer, Annex C prevails over the rest of these Terms.

2.4. Entire Agreement. These Terms are the entire agreement between you and Embedl on their subject matter and supersede all prior agreements, understandings, communications and proposals relating to it, save for an agreement signed by both parties. The terms of any purchase order or other document you present have no effect unless Embedl has agreed to them in a writing signed by its authorised representative.

2.5. Versions. Each version of these Terms, the Acceptable Use Policy, the Data Processing Terms, the Privacy Policy, the Plan Terms and the Embedl Software Licence is published at its own permanent address, and no published version is amended or replaced at the address at which it was published. The version that applies to you is the version in force when you accepted it, as identified at the head of this document, save where a later version takes effect under section 2.6. The current version of each document, and an index of earlier versions, is published at embedl.com/legal.

2.6. Changes. Embedl may change these Terms on at least 30 days' notice by email or in the Services where the change materially affects you, and with immediate effect where the change is required by law or is only to your benefit. Your continued use of the Services after a change takes effect is your acceptance of it. If you do not accept a change, you may close your Account before it takes effect and receive a refund of prepaid fees for the unused period. Annex C applies to a consumer.

2.7. Transition. These Terms govern all use of the Services from their effective date, including use of content uploaded to the Services before that date.

3. THE SERVICES

3.1. Right to Use. Subject to these Terms, Embedl grants you a non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your own purposes and those of your organisation. Embedl and its licensors reserve all rights not expressly granted.

3.2. Plans and Allowances. Free plans and allowances, including storage, Device Runs and credits, are as described on the Services and in the Plan Terms. Embedl will give at least 30 days' notice before reducing an allowance you already hold, except where the reduction is necessary to stop abuse.

3.3. Changes and Pre-Release Features. Embedl may change, add to or remove features of the Services. A feature identified as beta, preview or experimental is made available for testing, may change or cease at any time, carries no availability commitment, and is provided as is.

3.4. Availability. Embedl will use reasonable efforts to keep the Services available but does not undertake that access will be uninterrupted, timely, secure or error free, save where a signed agreement includes a service level. Embedl is not responsible for a delay or failure caused by a third party service, a network, or equipment not under its control.

4. ACCOUNTS, WORKSPACES AND SEATS

4.1. Accounts. You shall give accurate information and keep it up to date. Each Account is for one named person, save that service accounts are permitted where your plan includes them. A service account is for an automated system and shall not be used by a person in place of a seat.

4.2. Credentials. You shall keep your login details, application programming interface keys and access tokens secret and shall not share them. You are responsible for activity carried out under them. You shall notify Embedl at once at security@embedl.com if you suspect unauthorised access.

4.3. Workspaces. An organisation's administrators may invite users, assign roles, decide who sees which projects, and manage, view and remove the Accounts and content in its Workspace. Content created in an organisation's Workspace is controlled by that organisation, and the organisation is responsible for its users. Where a plan includes view-only seats, the users holding them may view and comment but may not start a Device Run, upload a model or change a project, and may be outside the organisation.

5. YOUR CONTENT AND SERVICE DATA

5.1. Ownership. As between the parties, you own Your Content and all Intellectual Property Rights in it. Embedl claims no ownership of it. Your ownership of Your Content transfers no right in the Services or in Embedl Software.

5.2. Licence to Embedl. You grant Embedl a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, run, transmit and display Your Content to the extent necessary to provide, secure and support the Services for you, and to share it as you direct, including with your Workspace or through a link you create. The licence ends when Your Content is deleted, save for backup copies, which are deleted within 35 days.

5.3. Security and Use of Your Content. Embedl applies the Security Measures to safeguard Your Content, which Embedl will use only for the delivery, operation and improvement of the Services, subject to section 5.4 and section 5.5. Embedl shall limit access to Your Content to personnel who need it to provide, maintain and support the Services, including for troubleshooting, debugging, quality assurance and responding to support requests. Embedl shall not disclose Your Content to a third party except as these Terms permit, as you direct, or as the law requires. This section does not apply to material you publish or share through the Services.

5.4. No Training on Your Content. Embedl shall not use Your Content to train, fine-tune or improve any artificial intelligence model, to develop its own models, or to develop its optimisation methods, and shall not sell it.

5.5. Service Data. Embedl collects and processes Service Data in order to provide, operate, secure and maintain the Services, to diagnose problems, to verify compliance with these Terms, and to develop and improve the Services and its optimisation methods. Embedl may derive aggregated and anonymised datasets from Service Data, from which no individual and no customer can be identified and from which Your Content cannot be reconstructed, and may use those datasets without restriction. Where Service Data is personal data, Embedl processes it as controller on the basis of its legitimate interests, as described in the Privacy Policy. A performance measurement produced by a Device Run may be both Your Content and Service Data, and Embedl's use of it as Service Data is permitted by this section. For the avoidance of doubt, section 5.4 does not restrict Embedl's use of Service Data under this section.

5.6. Your Warranty. You warrant that you hold the rights and permissions needed to submit Your Content and to permit Embedl to process it under these Terms, including under the licence of any model you upload, and that Your Content and its use comply with applicable law, the Third Party Terms and the Acceptable Use Policy.

5.7. Deletion and Export. You may delete Your Content at any time. On the ending of your Account you may export Your Content for 30 days using the export functionality of the Services, after which Embedl will delete it, unless applicable law requires Embedl to retain it or a signed agreement provides otherwise.

5.8. Personal Data. The Privacy Policy describes how Embedl handles personal data for which it is the controller. Where Embedl processes personal data contained in Your Content on your behalf, Embedl is the processor and you are the controller, and Annex B applies.

6. MODELS, EMBEDL SOFTWARE AND THIRD PARTY TERMS

6.1. Model Licences. Model Weights made available through the Services, including those of Embedl Models, are licensed under the licence identified on each model's page, which is ordinarily the licence of the model from which it was derived, and not under these Terms. You shall comply with each such licence, including its use policy, and shall pass it on where it so requires.

6.2. Embedl Software. Embedl Software is licensed under the Embedl Software Licence, save where a different licence is stated with it, and not under these Terms. Optimisation Files remain Embedl's and are licensed under the Embedl Software Licence whether or not they are supplied with Model Weights.

6.3. Third Party Software and Services. Third party software made available through the Services is licensed under the terms listed with it. Some Services connect to third party services, and the terms of those services govern your use of them. Embedl is not responsible for a third party service, or for the behaviour or outputs of a third party model.

6.4. Licence Information. Embedl gives licence information in good faith. You are responsible for satisfying yourself that the licence of a model is compatible with your intended use.

6.5. Removal. Embedl may remove or restrict access to a model where its licence, applicable law or a rights holder requires.

7. DEVICE RUNS AND CONNECTED DEVICES

7.1. Device Farm. Device Runs use hardware that Embedl operates or rents. Availability, device models and queue times vary. Results are indicative of the device and configuration on which they were measured and may differ on your own hardware.

7.2. Connected Devices. You may connect your own hardware to the Hub using the Runner Agent, which is licensed under the Embedl Software Licence. You warrant that you own each Connected Device or are entitled to use it for this purpose. The Runner Agent runs only jobs started in your Workspaces, and returns results, logs and device information to the Hub.

7.3. Your Responsibility. You are responsible for each Connected Device, for its security, for its network, and for anything else running on it. Embedl may update the Runner Agent automatically; updates are signed, and administrators may pin a version. You may disconnect or uninstall the Runner Agent at any time.

7.4. Public Device Trials. Where Embedl makes a device available for a trial run on embedl.com without an Account, you shall upload only material you are entitled to use, and Embedl processes the inputs and outputs of such a run on the basis of its legitimate interest in demonstrating the Services and in preventing abuse, as described in the Privacy Policy. Embedl does not knowingly accept an image, video or audio recording of an identifiable person, and deletes any such material on identification. You shall not upload images or recordings of people without their permission, personal data relating to others, confidential information, or special categories of personal data. Embedl deletes the inputs and outputs of such a run within 24 hours and retains technical logs, without the content, for 30 days, acts as controller in respect of that processing as described in the Privacy Policy, does not use the inputs or outputs for training, and may screen them in order to prevent abuse.

8. AI FEATURES

8.1. Marking. You shall not remove or obscure a marking applied by the Services that identifies output as artificially generated.

8.2. Outputs. Output is generated automatically and may be inaccurate, incomplete, biased or offensive, and you are responsible for how you use it. Embedl claims no rights in output generated for you, which is Your Content, save that some model licences impose conditions on output, which you shall observe.

8.3. AI Agents. An AI Agent is disabled until an administrator enables it for the Workspace. It acts on your instructions, and the Hub discloses when you are interacting with it. It may start Device Runs and other actions that consume credits, it asks for approval where an action consumes credits, and your spend cap applies. Its output may be wrong and you shall check it before relying on it. An AI Agent runs on a third party artificial intelligence model. Embedl identifies the supplier of the model used by each AI Agent, and the address of that supplier's usage policy, at the address identified in section 2.5. That supplier processes your instructions and the content the AI Agent requires as Embedl's sub-processor and does not use them for training. Each such usage policy forms part of the Acceptable Use Policy in respect of your use of the AI Agent it applies to, in the version published when you accepted these Terms and subject to notice under section 2.6. You shall not give an AI Agent export-controlled or classified information.

8.4. Your Own Systems. Where you incorporate a model into your own artificial intelligence system, you are responsible for that system and for its obligations, including under Regulation (EU) 2024/1689.

9. RESULTS, BENCHMARKS AND PUBLICITY

9.1. Your Results. You may publish and share your own results from the Services, including benchmark and profiling results for your own models, provided that you credit them as "Benchmarked on Embedl" and do not present them as statements of Embedl. Where you publish a benchmark comparison, please also state the hardware, software versions and settings used.

9.2. Embedl Results. Benchmark, accuracy and latency results that Embedl publishes are measured as described at the address identified in section 2.5, on the stated hardware, software versions and settings. They are provided as is, may change as software and models are updated, and are not a representation about any result on your own devices. A comparison with another product describes Embedl's measurements under the stated conditions only.

9.3. Feedback. Embedl may freely use and exploit in perpetuity any feedback, suggestions, critiques, error reports, ideas and recommendations on the Services that you provide, for any business purpose and without obligation or payment, provided that Embedl does not identify you as the source. Feedback is provided as is and without warranty. This section grants Embedl no right in Your Content or in your products.

9.4. Publicity. Embedl shall not use your name or logo, or state that you are a customer, without your prior consent. You may use Embedl's name and trade marks only to state truthfully that you use the Services or that a model was optimised by Embedl, and in accordance with Embedl's brand guidelines.

10. RESTRICTIONS AND ACCEPTABLE USE

10.1. Acceptable Use Policy. You shall comply with the Acceptable Use Policy, which forms part of these Terms.

10.2. Restrictions. You shall not, and shall not permit another person to:

10.2.1 scrape, crawl or bulk-download the Services or their content, including the model catalogue and benchmark results, otherwise than through the application programming interfaces and within the limits Embedl provides;

10.2.2 copy, mirror or frame the Services, or re-host Embedl's model catalogue, benchmark data or site content elsewhere;

10.2.3 circumvent a usage limit, credit, rate limit or access control, including by creating multiple Accounts, by sharing Account credentials or an access token with a person outside your organisation, or by making an image pulled from the Embedl container registry available to a person who is not entitled to pull it;

10.2.4 resell, sublicense or give a third party access to the Services, other than to users in your own Workspace;

10.2.5 reverse engineer the Services, save to the extent applicable law permits notwithstanding this restriction and, in respect of Embedl Software, subject to section 5.0 of the Embedl Software Licence;

10.2.6 test the security of the Services otherwise than under Embedl's responsible disclosure policy published at the address identified in section 2.5;

10.2.7 remove or obscure a notice, licence information, attribution or marking that identifies artificially generated output; or

10.2.8 access the Services by any means other than the interfaces that Embedl publishes.

10.3. Competing Use. You shall not use the Services, or Embedl's model catalogue or benchmark data, to develop, operate or benchmark a Competing Service. "Competing Service" means a product or service offered to third parties whose primary purpose is to provide, as a general purpose offering, model optimisation, compilation or quantisation, model hosting, distribution or cataloguing, model inference as a service, or a software development kit or runtime for running artificial intelligence models. A software development kit or runtime that is specific to your own product, including one supplied so that developers can build applications for your device, is not a Competing Service, and neither is an offering of a supplier of silicon, hardware or cloud infrastructure that is made available in connection with that supplier's own hardware or platform. Free use of the Device Farm is for the evaluation of your own models, and Embedl may verify a user and refuse free access to a person offering or developing a Competing Service.

10.4. Scope. Section 10.2 and section 10.3 do not restrict your use of Your Content, or your rights under the licence of any Model Weights or under an open source licence.

11. EMBEDL'S RIGHTS

11.1. Ownership. Embedl and its licensors retain all right, title and interest in and to the Services and all associated Intellectual Property Rights, including the software, the site content, the model catalogue and the benchmark database. These Terms grant you no rights beyond those expressly granted.

11.2. Database Rights. Embedl claims the rights of a maker of a database in its model catalogue and in its benchmark collections, to the extent those rights subsist.

11.3. Text and Data Mining. Embedl reserves the right to text and data mining of the Services under Article 4(3) of Directive (EU) 2019/790 and the corresponding provisions of national law.

11.4. Marks. Embedl's names, logos and marks are its trade marks. You shall not file or prepare any application to register them, assert any interest in them, or adopt, use or register any mark, trade name, logo or domain name confusingly similar to them.

11.5. Remedies. If you breach section 10.0 or section 11.0, Embedl may exercise all rights available to it, including remedies for infringement and misappropriation under applicable Intellectual Property Rights laws, the availability of which you acknowledge. You acknowledge that a breach of those sections may cause Embedl irreparable harm the extent of which would be difficult to ascertain, and that Embedl is accordingly entitled to seek immediate injunctive relief, in addition to any other remedy, in any court of competent jurisdiction.

12. FEES AND PAID PLANS

12.1. Fees. Paid plans, credits and add-ons are priced as shown at purchase or in your order form. The Plan Terms set out allowances, billing periods, renewal, credits and trials.

12.2. Tax. Prices exclude value added tax and other applicable taxes.

12.3. Billing. Unless the Plan Terms provide otherwise, you pay in advance, a subscription renews automatically for a further period of the same length, and you may cancel at any time with effect from the end of the current period.

12.4. Failed Payment. If a payment fails, Embedl may suspend paid features after 14 days' notice.

12.5. Price Changes. Embedl may change prices on at least 30 days' notice, with effect from your next billing period, and you may cancel before the change takes effect.

12.6. Collection. Nothing in section 19.9 prevents Embedl from bringing an action to collect fees in any court of competent jurisdiction.

13. CONTENT MODERATION, REPORTS AND APPEALS

13.1. Reporting. You may report content that you consider illegal, or a breach of these Terms, at embedl.com/report or legal@embedl.com. Embedl will confirm receipt and will review the report without undue delay in a diligent, objective and non-arbitrary manner. The point of contact for users and for authorities under Regulation (EU) 2022/2065 is legal@embedl.com, in English or Swedish.

13.2. Action and Reasons. Embedl moderates content using automated checks together with human review, and a restriction is confirmed by a person before it takes effect. Where Embedl removes or restricts content, or restricts an Account, it will give the affected user the facts relied on, the ground on which it acted, whether automated means were used, and how to contest the decision, and will inform the person who made any report of the outcome.

13.3. Appeal. To contest a decision, reply to the notice or write to legal@embedl.com, and a person not involved in the original decision will review it. This does not affect your right to bring proceedings before a court or to use an out-of-court dispute settlement body available to you.

14. SUSPENSION AND TERMINATION

14.1. Your Right to Stop. You may stop using the Services and close your Account at any time.

14.2. Suspension. Embedl may suspend or restrict your access, or remove Your Content, where you are in breach of these Terms, where this is necessary to protect the Services, other users or third parties, or where applicable law requires. Embedl will act proportionately, will give you the reasons and the means of redress, and will give you an opportunity to respond first, unless applicable law or an urgent risk prevents it.

14.3. Termination for Breach. Embedl may terminate these Terms for a material breach that you have not cured within 30 days of notice, or immediately for a serious or repeated breach of the Acceptable Use Policy.

14.4. Termination for Convenience. Embedl may end a free Service or a free Account on 60 days' notice, and may end a paid plan at the end of its current period on 60 days' notice.

14.5. Effect. On the ending of your Account, section 5.7 applies to Your Content. All rights granted to you under these Terms end, and you shall cease using the Services.

14.6. Survival. The following survive termination: section 1.0; section 5.1 to section 5.6; section 5.7 for the period it specifies; section 6.0; section 9.3 and section 9.4; section 10.0; section 11.0; section 12.0 in respect of amounts owed; section 15.0 to section 19.0; Annex B to the extent it so provides; Annex C; and Annex D.

15. WARRANTY AND DISCLAIMERS

15.1. Warranty. Embedl warrants that it will provide the Services with reasonable skill and care. Embedl does not warrant that every error, defect or deficiency in the Services will be corrected.

15.2. Disclaimer. Except as set out in section 15.1, and to the maximum extent permitted by applicable law, Embedl provides the Services, the models and the content on an "as is" and "as available" basis, and ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE PRACTICE, ARE HEREBY DISCLAIMED.

15.3. Results. Artificial intelligence outputs, compilation results and Device Run results may be inaccurate or incomplete, and a result measured on Embedl's hardware may differ from a result on yours. You shall verify them before relying on them.

15.4. Development Tools; No Certification. The Services are development tools. They are not a component of, and are not certified for, a safety-related system, and whether a result is suitable for your product is a matter for your own safety case. Where the Services record evidence of compilations, configurations, verifications and results, that evidence is material for your own safety case, conformity assessment, homologation, type approval and regulatory compliance. Neither the supply nor the use of that evidence constitutes or evidences conformity with any standard, regulation or requirement, and it does not certify a product, a process or a tool. You remain solely responsible for your safety case, for the sufficiency of the evidence you produce, and for any qualification of the tools you use.

15.5. Consumers. Annex C sets out what applies to a consumer.

16. LIMITATION OF LIABILITY AND INDEMNITY

16.1. Excluded Damages. Embedl will not be liable for indirect, punitive, special, incidental or consequential damages, or for interruption of business, loss of profits, revenue, use, data, production or anticipated savings, diminution in value, cost of cover or replacement, or other economic advantage, arising out of or relating to the Subject Matter, on any theory of liability and even if advised of the possibility.

16.2. Cap. Embedl's maximum cumulative aggregate liability for all claims, losses, liabilities and obligations arising under or relating to the Subject Matter, regardless of the number of claims or the theory of liability, whether for breach of these Terms including breach of warranty, or in tort or otherwise, will not exceed the greater of (a) EUR 5,000 and (b) the fees paid by you to Embedl for the Services in the 12 months preceding the event giving rise to the claim.

16.3. Mandatory Liability. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for intentional wrongdoing (uppsåt) or gross negligence (grov vårdslöshet) as those concepts are understood under Swedish law, for fraud or fraudulent misrepresentation (svek), or for any other liability that cannot lawfully be excluded or limited, including under Directive (EU) 2024/2853.

16.4. Limitation. A party may bring a claim arising out of or related to the Subject Matter only if it has notified the other party of the claim in writing within twelve months after it became aware, or ought reasonably to have become aware, of the facts giving rise to the claim, and in any event within three years after the event giving rise to it. This section does not apply to your payment obligations under these Terms or to liability that cannot be limited or excluded under applicable law. For a claim under section 16.5, the periods in this section run from the date on which the party seeking defence or indemnity receives written notice of the third party demand, claim, action, suit or proceeding.

16.5. Indemnity. You shall defend Embedl, its Affiliates and their officers, directors, employees and agents against a third party claim arising from Your Content, from your use of a model in breach of its licence, or from your breach of these Terms, and shall pay the damages finally awarded and the reasonable costs incurred, save to the extent the claim is caused by the Services or by Embedl Software. This section applies only if Embedl notifies you of the claim promptly, allows you to control the defence, and cooperates reasonably. Your aggregate liability under this section is subject to the limit in section 16.2, save that liability for a claim arising from your breach of paragraph 1, 2, 4, 5 or 7 of the Acceptable Use Policy or from your infringement of a third party's Intellectual Property Rights is not subject to that limit.

16.6. No Implied Duties. Each party disclaims that it is owed any duty, or is entitled to any remedy, not expressly set out in these Terms. The limitations and exclusions in this section 16.0, other than section 16.3, apply to the maximum extent permitted by applicable law. Annex C sets out Embedl's liability to a consumer.

17. CONSUMERS

17.1. Consumers. If you qualify as a consumer, Annex C applies to you, prevails over the rest of these Terms to the extent of any conflict, and sets out rights that these Terms do not limit.

18. TRADE CONTROLS AND COMPLIANCE WITH LAW

18.1. Trade Controls. You shall comply with all applicable trade laws and regulations, including Regulation (EU) 2021/821 as amended, the UK Export Control Act 2002 and Export Control Order 2008, the US Export Administration Regulations, and EU, UK and US trade and economic sanctions, including those administered by the US Office of Foreign Assets Control ("Trade Laws"). You represent that you are not a person subject to a restriction under the Trade Laws, and that you will not use the Services in or for a country or territory subject to a comprehensive embargo.

18.2. Prohibited End Uses. You shall not use the Services, and shall not transfer anything obtained through them to a third party that you know or reasonably should know is likely to use them: (a) in connection with chemical, biological or nuclear weapons, or missiles or unmanned aerial vehicles capable of delivering them; (b) for a military end use in or by a country or entity subject to a United Nations, European Union or United Kingdom arms embargo; or (c) by a person on an applicable restricted or denied party list.

18.3. Suspension. Embedl may suspend performance, or terminate these Terms, immediately on notice where it reasonably determines that continued performance would or may contravene the Trade Laws.

18.4. Compliance with Law. You shall comply with all applicable laws in respect of your use of the Services and of the development, deployment and distribution of any model developed, optimised or validated using them.

19. GENERAL TERMS

19.1. Notices. Embedl may give notice to you by email to the address on your Account or by display in the Services. Notices to Embedl are given at legal@embedl.com and at Embedl AB, Gamla Almedalsvägen 21, 412 63 Gothenburg, Sweden. A notice is effective when received.

19.2. Force Majeure. Neither party is liable for a failure or delay in performing its obligations, other than an obligation to pay, to the extent it results from an event beyond that party's reasonable control, including act of God, flood, fire, earthquake, epidemic, war, armed conflict, terrorism, civil unrest, industrial action affecting persons other than its own workforce, failure of a public telecommunications or electrical supply network, cyberattack on critical infrastructure, and act or omission of a government or public authority. The affected party shall notify the other without undue delay, use reasonable efforts to mitigate, and resume performance as soon as it reasonably can.

19.3. Assignment. You may not assign or transfer these Terms, in whole or in part, without Embedl's prior written consent, and any purported assignment in breach of this section is void. Embedl may assign them, on notice to you, to an Affiliate or to a successor in a merger, reorganisation, acquisition or sale of all or substantially all of its business or assets.

19.4. No Partnership. These Terms do not create a partnership, franchise, joint venture, agency or employment relationship, and neither party may bind the other. These Terms confer no rights on any third party.

19.5. Severability and Waiver. If any provision is held invalid, void or unenforceable, it will be amended or reformed to the minimum extent necessary to make it enforceable or, failing that, severed, and the remainder continues in effect. A waiver of, or a failure promptly to exercise, a right does not create a continuing waiver or any expectation of non-enforcement.

19.6. Interpretation. These Terms will be interpreted fairly in accordance with their terms and without strict construction in favour of or against either party. A reference to a section is a reference to a section of these Terms and all of its subsections; a reference to a paragraph is a reference to a paragraph of the annex in which it appears and all of its subparagraphs; and the words "includes" and "including" are not words of limitation.

19.7. Language. These Terms are written in English, which governs in all respects. A translation is provided for convenience only.

19.8. Governing Law. These Terms, and any dispute related to or concerning the Subject Matter, including in tort as well as in contract and whether pre-contractual or extra-contractual, are governed by the substantive and procedural laws of Sweden, notwithstanding the choice of law rules of any jurisdiction to the contrary. The United Nations Convention on Contracts for the International Sale of Goods does not apply and is excluded.

19.9. Arbitration. Subject to section 11.5, section 12.6 and Annex C, any dispute arising out of or related to the Subject Matter, including arbitrability, will be finally settled by arbitration administered by the SCC Arbitration Institute (the "SCC"), seated in Stockholm, Sweden. The Rules for Expedited Arbitrations apply unless the SCC determines, having regard to the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules should apply, in which case the SCC will also decide whether the tribunal comprises one or three arbitrators. The arbitration will be conducted remotely or on written submissions unless a hearing is required, which will be held in Stockholm. The tribunal will apply the law identified in section 19.8, and any award may be enforced by any court of competent jurisdiction. The existence and details of any dispute, the proceedings and all related documents, evidence and awards are confidential, and no party may make any public announcement about them except as required by law or to enforce an award. Claims may be brought only individually and not on a class, consolidated or representative basis. The tribunal has no power to vary this section. A dispute concerning the Embedl Software Licence is determined under this section. This section does not apply to a consumer, and Annex C governs.

ANNEX A

ACCEPTABLE USE POLICY

This Acceptable Use Policy forms part of the Terms and applies to all Services, and to the models, software and outputs obtained through them. Terms defined in the Terms have the same meaning in this Annex A. A breach of this Annex A may lead to removal of content, suspension or termination under section 14.0 of the Terms.

1. ILLEGAL AND HARMFUL CONTENT

1.1. You shall not use the Services to create, upload, store or share: (a) child sexual abuse material, or any sexual content involving a minor, which Embedl reports to the authorities; (b) content that infringes the Intellectual Property Rights, privacy rights or other rights of another person, including a model or dataset you are not entitled to use; (c) illegal hate speech, a threat, harassment, or content inciting violence or terrorism; (d) malware, or a tool designed to attack a system; or (e) other content that is illegal where you or Embedl operate.

2. PROHIBITED ARTIFICIAL INTELLIGENCE PRACTICES

2.1. You shall not use the Services, or a model or output obtained through them, for a practice prohibited by Regulation (EU) 2024/1689, including: (a) a manipulative or deceptive technique, or the exploitation of a vulnerability, in a way that causes or is likely to cause significant harm; (b) social scoring; (c) predicting the risk that a person will commit a criminal offence based solely on profiling or personality traits; (d) building a facial recognition database by untargeted scraping of images; (e) emotion recognition in the workplace or in education, save for medical or safety reasons; (f) biometric categorisation inferring a sensitive characteristic; (g) real-time remote biometric identification in a publicly accessible space for law enforcement, save as the law permits; or (h) generating sexual images of a real person without that person's consent.

3. MODEL LICENCES AND USE POLICIES

3.1. You shall comply with the licence and use policy of each model you use, as identified on its model page. Some licences prohibit uses such as military applications, and you shall check the model page before use. Where a model's policy is stricter than this Annex A, the stricter rule applies. A model's use policy applies in the version published when you accepted that model's licence, and Embedl will give notice under section 2.6 of the Terms before a later version applies to you.

4. PEOPLE AND PERSONAL DATA

4.1. You shall process personal data, including an image, video or audio recording of a person, only where you have a lawful basis and, where required, that person's permission.

4.2. You shall not use a public device trial under section 7.4 of the Terms to identify an individual from biometric data, or to process a special category of personal data or data relating to a child.

4.3. You shall disclose artificially generated or manipulated content depicting a real person, place or event where the law requires.

4.4. You shall not impersonate another person, including Embedl, or present artificially generated output as made by a person where the law requires disclosure.

5. SECURITY AND INTEGRITY

5.1. You shall not: (a) access, or attempt to access, another user's Account, data, Workspace or device; (b) probe, scan or test the security of the Services, save under Embedl's responsible disclosure policy; (c) break out of a job, container or sandbox provided by the Device Farm, or tamper with, leave code on, or damage a device; (d) run cryptocurrency mining, a denial of service attack, spam or a similar activity; or (e) send traffic designed to overload the Services or to circumvent a rate limit.

6. FAIR USE

6.1. You shall not: (a) create multiple Accounts in order to obtain additional free credits, storage or device time; (b) share an Account or a seat, or use a service account in place of a seat; (c) resell access to the Services, or offer them to others as your own service; or (d) scrape, crawl or bulk-download the Services.

7. TRADE CONTROLS

7.1. You shall not use the Services where you are a person subject to a restriction under the Trade Laws, in or for a country or territory subject to a comprehensive embargo, or for an end use prohibited by applicable export control or sanctions law. Lawful defence and security use is permitted, subject to those laws and to the licence of each model used.

8. REPORTING AND ENFORCEMENT

8.1. Report a breach of this Annex A, or illegal content, at embedl.com/report or legal@embedl.com.

8.2. Embedl may investigate, remove or disable content, limit features, suspend or close an Account, and inform the authorities where the law requires, in particular where it suspects an offence involving a threat to the life or safety of a person.

8.3. Embedl will act proportionately and in accordance with section 13.0 of the Terms.

ANNEX B

DATA PROCESSING TERMS

These Data Processing Terms form part of the Terms and apply to the extent that Embedl processes Personal Data on behalf of a customer in connection with the Services. Terms defined in the Terms have the same meaning in this Annex B. "GDPR" means Regulation (EU) 2016/679, and "Personal Data", "controller", "processor", "processing", "data subject" and "personal data breach" have the meanings given in the GDPR.

1. SCOPE AND ROLES

1.1. This Annex B applies solely to Personal Data contained in Your Content that you submit to the Services. You are the controller and Embedl is the processor of that Personal Data.

1.2. This Annex B does not apply to Service Data, to Account and billing data, or to the inputs and outputs of a public device trial under section 7.4 of the Terms, in respect of each of which Embedl acts as an independent controller as described in the Privacy Policy.

2. DETAILS OF PROCESSING

2.1. Subject matter. The hosting, storage, compilation, optimisation, execution and profiling of models, datasets and artefacts, and the provision of collaboration functionality, through the Services.

2.2. Duration. The term of your Account, together with the retention period described in section 5.7 of the Terms.

2.3. Nature and purpose. Embedl stores, transmits, processes and makes available Your Content to you and your users, and performs the technical operations necessary to provide the Services. Embedl personnel may access Your Content where reasonably necessary to provide, maintain and support the Services, limited to what is necessary for that purpose.

2.4. Types of Personal Data. Personal Data contained in calibration, validation and test datasets and in model artefacts uploaded by you, which may include images and recordings of identifiable individuals, vehicle registration numbers, geolocation data, sensor data from which an individual may be identified, and associated metadata.

2.5. Categories of data subject. Individuals whose Personal Data is contained in Your Content, which may include individuals recorded by cameras and other sensors, employees and contractors of the controller, and other individuals the controller determines.

3. EMBEDL'S OBLIGATIONS

3.1. Embedl shall process Personal Data only on your documented instructions, which include your use of the functionality of the Services, unless required to process it by Union or Swedish law, in which case Embedl shall inform you of that requirement before processing unless the law prohibits it.

3.2. Embedl shall ensure that persons authorised to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

3.3. Embedl shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, in accordance with Article 32 of the GDPR. Those measures are the Security Measures set out in Annex D, which forms part of this Annex B.

3.4. Embedl shall, taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, in fulfilling your obligation to respond to requests to exercise data subject rights under Chapter III of the GDPR.

3.5. Embedl shall assist you in ensuring compliance with the obligations under Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to Embedl.

3.6. Embedl shall, on the ending of your Account, make Your Content available for export for the period stated in section 5.7 of the Terms and shall then delete all Personal Data in its possession, including copies, unless Union or Swedish law requires continued storage.

3.7. Embedl shall make available to you the information necessary to demonstrate compliance with this Annex B and Article 28 of the GDPR, which Embedl may provide by supplying its then-current security documentation, the report of its most recent independent security test, and written responses to your reasonable questions. Where you are on a paid plan and that information is not sufficient to demonstrate compliance, you may, on 30 days' written notice and no more than once in any period of twelve months, audit Embedl's processing during normal business hours, under confidentiality, without access to the data of any other customer, by an auditor who is not a competitor of Embedl, and at your cost save where the audit establishes a material breach of this Annex B. This paragraph does not restrict a supervisory authority.

4. SUB-PROCESSORS

4.1. You give Embedl general authorisation to engage sub-processors subject to this section 4.0. Embedl maintains a current list of sub-processors at the address identified in section 2.5 of the Terms, and shall give at least 30 days' notice of an intended addition or replacement.

4.2. If you object to a new sub-processor on reasonable data protection grounds within that period, the parties shall discuss the objection in good faith. If they are unable to resolve it, you may terminate the affected subscription on notice and Embedl shall refund prepaid fees for the unused period.

4.3. Embedl shall impose on each sub-processor, by written contract, data protection obligations no less protective than those in this Annex B. That obligation is satisfied where a sub-processor operates under its own standard data processing terms providing protections materially equivalent to those in this Annex B, including the standard data processing terms of a major cloud infrastructure provider.

5. PERSONAL DATA BREACH

5.1. Embedl shall notify you without undue delay, and in any event within 72 hours, after becoming aware of a personal data breach affecting Personal Data processed under this Annex B. The notification shall include, to the extent reasonably available, a description of the nature of the breach including the categories and approximate number of data subjects and records concerned, its likely consequences, and the measures taken or proposed to address it and mitigate its effects. Where the information is not all available at the time of notification, Embedl may provide it in phases without undue further delay, and doing so is not a breach of this paragraph.

6. INTERNATIONAL TRANSFERS

6.1. Embedl shall not transfer Personal Data to a country outside the European Economic Area, or to an international organisation, unless: (a) the transfer is to a country the European Commission has recognised as providing an adequate level of protection; (b) appropriate safeguards are in place under Article 46 of the GDPR, including the European Commission's standard contractual clauses; or (c) a derogation under Article 49 of the GDPR applies. Embedl shall inform you of any sub-processor located outside the European Economic Area and of the transfer mechanism relied on.

6.2. Where you grant access to the Services to users or collaborators located outside the European Economic Area, you are responsible for ensuring that any resulting transfer complies with Chapter V of the GDPR.

7. YOUR OBLIGATIONS

7.1. You shall: (a) ensure that you have a valid legal basis under the GDPR for any Personal Data included in Your Content; (b) provide all required information to, and where necessary obtain all required consents from, data subjects whose Personal Data may be contained in Your Content; (c) ensure that your instructions to Embedl comply with applicable data protection law; and (d) not include in Your Content a special category of Personal Data, or Personal Data relating to a criminal conviction or offence, unless you have notified Embedl in advance and the parties have agreed the additional measures required.

8. TERM, PRECEDENCE AND LIABILITY

8.1. This Annex B remains in effect for the duration of the Terms and terminates automatically on their termination or expiry, subject to section 3.6, which survives.

8.2. In the event of a conflict between this Annex B and the rest of the Terms, this Annex B prevails in respect of the processing of Personal Data.

8.3. Each party's liability under this Annex B is subject to the limitations in section 16.0 of the Terms and, for a consumer, to Annex C. A claim under this Annex B counts towards, and does not increase, the cap in section 16.2 of the Terms.

ANNEX C

CONSUMER SUPPLEMENT

This Annex C applies only where you qualify as a "consumer", meaning an individual acting wholly or mainly outside that individual's trade, business, craft or profession. Whether you qualify is determined by the purpose for which you use the Services and not by what you declare. It prevails over the rest of the Terms to the extent of any conflict. Terms defined in the Terms have the same meaning here. This Annex C applies whether or not you pay for the Services.

1. MANDATORY RIGHTS

1.1. You keep the rights that mandatory consumer law gives you, including the law of the country in which you are habitually resident. Nothing in the Terms limits those rights.

1.2. Sections 12.2, 15.2, 16.1, 16.2, 16.4 and 16.5 of the Terms do not apply to you.

2. PRICES

2.1. Prices shown to you include value added tax.

3. CHANGES

3.1. Embedl may change the Terms only for one or more of the following reasons: a new or changed feature of the Services; a change in applicable law or regulatory guidance; security or the prevention of abuse; a change made by a supplier or by a licensor of Model Weights; or clarification. Embedl will give you at least 30 days' notice of a change that materially affects you, by email or in the Services, and will ask you to accept the new version when you next sign in.

3.2. Where a change to the Terms, or a change to the Services under section 3.3 of the Terms, adversely affects your access to or use of the Services other than to a minor extent, you may end the contract free of charge within 30 days of being informed of the change or of the change taking effect, whichever is later, and receive a refund of prepaid fees for the unused period.

4. WITHDRAWAL

4.1. For a paid plan bought online you have 14 days in which to withdraw from the contract. You may withdraw using the "Withdraw from contract here" function in Billing, or by any other clear statement.

4.2. If you expressly ask Embedl to begin supplying the Services during the withdrawal period and acknowledge that you will then pay for what you use, you pay for what you used before withdrawing.

5. CONFORMITY AND LIABILITY

5.1. Embedl shall supply the Services in conformity with the Terms and applicable law. If they do not conform, you may require that they be brought into conformity, obtain a proportionate reduction in price, or end the contract, and claim damages, in each case as provided by applicable law.

5.2. Embedl is liable to you for foreseeable loss caused by its breach of the Terms or by its failure to use reasonable skill and care. Embedl is not liable for loss that was not foreseeable, or for loss arising from use of the Services for the purposes of a trade, business, craft or profession.

6. COMPLAINTS AND DISPUTES

6.1. For a complaint, contact support@embedl.com. You may also refer the matter to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, arn.se), whose recommendations Embedl will follow.

6.2. Swedish law governs the Terms, but this does not remove the protection of the mandatory law of the country in which you are habitually resident. The arbitration provision in section 19.9 of the Terms does not apply to you. You may bring proceedings in the courts of the country in which you are habitually resident or in Sweden, and Embedl may bring proceedings against you only in the courts of the country in which you are habitually resident.

ANNEX D

SECURITY MEASURES

These Security Measures form part of the Terms and of Annex B. Embedl maintains them for the Services and may update them from time to time, provided that the level of security is not reduced. Terms defined in the Terms have the same meaning here.

1. GOVERNANCE

1.1. Embedl maintains an information security policy approved by management and reviewed at least annually, and assigns responsibility for information security to a named owner.

1.2. Embedl assesses the risks to Your Content and to Personal Data at least annually and on a material change to the Services.

2. ACCESS CONTROL

2.1. Access to systems holding Your Content is granted on a least-privilege, need-to-know basis, is recorded, and is reviewed at least quarterly and on a change of role or departure.

2.2. Administrative access requires multi-factor authentication and individual named accounts. Shared accounts are not used for administrative access.

2.3. Customer environments are logically segregated, and a Workspace is accessible only to the users the customer authorises.

3. ENCRYPTION AND DATA HANDLING

3.1. Your Content is encrypted in transit using TLS 1.2 or higher and at rest using AES-256 or an equivalent standard.

3.2. Secrets, keys and access tokens are held in a managed secrets store and are rotated on compromise and at least annually.

3.3. Backups are encrypted, and restoration is tested at least annually.

4. OPERATIONS

4.1. Embedl logs access to, and administrative action on, systems holding Your Content, and retains those logs for at least 12 months.

4.2. Embedl monitors its systems and dependencies for vulnerabilities, and remediates them according to severity, with critical vulnerabilities addressed within 7 days of a fix becoming available.

4.3. Changes to production are reviewed, tested and recorded, and may be rolled back.

4.4. Devices in the Device Farm are reset between Device Runs so that no content from one run is available to another, and physical access to hardware that Embedl operates is restricted to authorised personnel.

5. PERSONNEL AND SUPPLIERS

5.1. Personnel with access to Your Content are bound by written confidentiality obligations and receive security awareness training at least annually.

5.2. Embedl assesses the security of a sub-processor before engaging it and imposes obligations no less protective than these Security Measures.

6. INCIDENTS AND CONTINUITY

6.1. Embedl maintains a documented incident response procedure with named roles, and tests it at least annually.

6.2. Embedl notifies affected customers of a security incident affecting Your Content without undue delay. Paragraph 5.1 of Annex B applies to a personal data breach.

6.3. Embedl maintains business continuity and disaster recovery arrangements for the Services.

7. SECURE DEVELOPMENT AND ASSURANCE

7.1. Embedl follows a secure development process including peer review of code changes and automated dependency scanning, and maintains a software bill of materials for the components it distributes.

7.2. Embedl operates a responsible disclosure process at embedl.com/security and commissions an independent security test of the Services at least annually.