Terms of Use
Last updated: February 9, 2025
1. Introduction
Please read the following terms and conditions (the "Terms of Use") carefully. These Terms of Use govern your access to and use of the Emplur website, owned and operated by Empjourney Solutions Private Limited ("Empjourney", "we", "us", or "our"), located at emplur.com (the "Site"), any associated content (as defined below), mobile applications, and the services, features, functionality, and offers made available through the platform (collectively, the "Platform" and "Services").
In these Terms of Use, "you" and "your" refer to (a) you, the individual accessing the Platform and/or using the Services, (b) any electronic agent accessing the Platform on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Platform.
These Terms of Use constitute a legally binding contract between you and Empjourney.
By accessing, browsing, downloading, using, or registering for the Platform or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use in full. If you do not agree to these Terms of Use, do not use any portion of the Platform or Services.
2. Changes to the Terms of Use
We may update or modify these Terms of Use at any time, effective upon posting the revised Terms of Use on the Site along with the date on which it was most recently updated. We may provide notice of such updates by posting a revised version on the Site or through other reasonable means.
Your continued use of the Platform and/or Services after any changes signifies your acceptance of the modified Terms. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue access to the Platform or Services to any person or entity, for any reason or no reason, at any time, without notice or liability.
3. Ownership and Access License
You understand and agree that Empjourney owns, or has been licensed by third parties to use, all right, title, and interest in and to the Platform and Services, including all information, text, data, software, graphics, images, logos, and other materials contained therein (collectively, the "Content"), as well as the design, structure, selection, coordination, expression, and arrangement of such Content.
The Platform and Services are proprietary to Empjourney and are protected by applicable intellectual property laws and treaties. You acquire no ownership interest in the Platform or Services by accessing or using them.
Empjourney grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Platform and Services solely for your authorized business purposes, subject to these Terms of Use. You may not copy, modify, create derivative works from, reverse engineer, sell, assign, sublicense, or otherwise transfer any rights in the Platform, Services, or Content without our express written consent.
4. Privacy Policy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
5. Use of the Platform and Services
Empjourney reserves the right at any time without notice to: (i) modify, suspend, or terminate operation of or access to the Platform or Services; (ii) modify or change the Platform, Services, or any applicable policies or terms; and (iii) interrupt the operation of the Platform or Services as necessary to perform maintenance, error correction, or other changes.
You represent and agree that all information you provide to Emplur in connection with your access to and use of the Platform and Services is true, accurate, and complete to the best of your knowledge.
Prohibited Uses: You agree not to use the Platform or Services for any unlawful or prohibited purpose, including but not limited to:
- Any unlawful, unauthorized, fraudulent, or malicious purpose
- Damaging, disabling, or overloading our servers or networks
- Interfering with any other party's use of the Platform
- Gaining unauthorized access to accounts, systems, or networks through hacking or other means
- Uploading viruses, malware, or other harmful code
- Transmitting spam, chain letters, or unsolicited communications
- Impersonating any person or entity or misrepresenting your affiliation
- Accessing the Platform to extract content for training AI/ML models without written permission
- Using automated tools (robots, spiders, scrapers) to access the Platform without authorization
- Violating any applicable laws or regulations
Empjourney reserves the right to take lawful action in response to actual or suspected violations, including suspension or termination of your access and cooperation with legal authorities.
6. Accounts, Passwords, and Security
To use most Services, you must create an account with a login ID and password. You are entirely responsible for maintaining the confidentiality of your account information and for all activity that occurs under your account.
You agree to notify Emplur immediately upon learning of any unauthorized use of your account or any other security breach. You may be held liable for losses incurred by Empjourney or others due to unauthorized use of your account.
You may not use another user's account without permission, and you cannot transfer or assign your account. If you are under 18, you may use the Services only with consent and involvement of a parent or legal guardian. We reserve the right to suspend or terminate your account if you breach these Terms.
7. Subscription, Payment, and Refund Policy
Certain features of the Platform require a paid subscription. Subscription plans, pricing, and usage limits are defined on the Emplur Pricing Page or in a signed agreement between you and Empjourney.
Payment Terms
- Payments for Services shall be made on a 100% advance basis.
- All fees are non-refundable unless explicitly stated otherwise in your subscription agreement or as required by applicable law.
- Any refund, if granted, will be at the sole discretion of Empjourney.
- Empjourney makes no guarantees regarding the timing of refunds reaching your payment account.
Empjourney gives no guarantees of server uptime or that the Platform will work without interruption. All services are provided on a best-effort basis, and liability is limited to refund of the subscription amount only. Empjourney undertakes no liability for free services or free trial periods.
Subscription plans, including payment terms and usage limits, may be changed at any time. Changes will not affect active subscription periods already paid for, but will apply upon renewal.
8. User Data and Submissions
You are responsible for all data, content, and information you submit to the Platform ("Submissions"). By submitting content, you grant Empjourney a non-exclusive, worldwide, royalty-free license to use, store, process, and display such content as necessary to provide the Services, subject to our Privacy Policy.
You represent and warrant that you have the legal right to submit such content and that it does not violate any law or third-party rights. Empjourney reserves the right to remove any content that violates these Terms or is otherwise objectionable.
9. Electronic Communications
When you use the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including via email, push notifications, or notices posted on the Platform. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
10. Disclaimers
YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR OWN RISK. THE PLATFORM, SERVICES, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. While we strive to provide accurate workforce analytics and insights, we cannot guarantee their precision, and you should not rely solely on such information for critical business decisions.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMPJOURNEY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
12. Indemnification
You agree to indemnify, defend, and hold harmless Empjourney, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform or Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to the Platform.
13. Third-Party Links and Services
The Platform may contain links to third-party websites or services that are not owned or controlled by Empjourney. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Empjourney shall not be liable for any damage or loss caused by your use of any such third-party content, goods, or services.
14. Governing Law and Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.
In case of any dispute between you and Empjourney, the matter shall first be attempted to be resolved through mutual discussion. If not resolved, the dispute shall be referred to a sole arbitrator appointed by mutual consent, and proceedings shall be conducted under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be New Delhi.
15. Severability and Entire Agreement
These Terms of Use, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Empjourney regarding your use of the Platform and Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
16. Contact Us
If you have any questions or comments regarding these Terms of Use, the Platform, or the Services, please contact us:
Empjourney Solutions Private Limited
Email: support@emplur.com
Billing: billing@emplur.com
Phone: 011-43306763
Address: 59/17, New Rohtak Road, Karol Bagh, New Delhi - 110005, India
