Terms of use

These terms are an agreement between you and EmKeTech (“EmKeTech”, “we”, “us”), which is based in Ireland. They apply to the website at emketech.com and to the products EmKeTech publishes at addresses ending in emketech.com (together, the “services”).

Where a product has its own terms, those terms apply to that product, and these terms apply to anything they do not cover. How we handle personal data is described in the privacy policy and the cookie policy, which do not form part of these terms.

By using the services you agree to these terms and to the acceptable use policy, which forms part of them. If you do not agree, do not use the services.

If you use the services on behalf of an organisation, you confirm that you are authorised to accept these terms for it, and “you” includes that organisation.

The services are not directed at children under 16. You must be at least 16 to use them, and old enough, under the law that applies to you, to agree to these terms.

Subject to these terms, we give you a personal, non-exclusive, non-transferable, revocable licence to access and use the services for your own purposes or the internal purposes of your organisation.

You must not, except where the law expressly permits it:

• copy, modify, distribute, sell or rent the services or any part of them;
• reverse engineer or attempt to extract the source code of the services, other than code that is delivered to your browser for it to run;
• offer the services, or a product built substantially on them, to others as your own; or
• remove or obscure any notice of ownership in the services.

You must use the services lawfully and in line with the acceptable use policy, which sets out what the services may not be used for and how to report a security vulnerability.

Files, text and other content you put into the services remain yours. We claim no ownership of them.

Many products process your content entirely within your browser, in which case it is not sent to us. Where a product does need to send your content to our servers to perform the function you ask for, such as converting a video, you give us permission to process it only as far as necessary to perform that function, for as long as the product describes.

You are responsible for your content. You confirm that you have the rights you need to use it with the services, and, where it contains other people’s personal data, that you have a lawful basis for processing it. Keep your own copies of anything important: products that process files temporarily do not keep them for you.

Where a service requires an account, you must keep your sign-in details confidential and tell us promptly at support@emketech.com if you believe someone else has used your account. You are responsible for activity under your account unless it results from our failure to keep the service secure.

emketech.com itself has no accounts. The employee login linked at the foot of each page leads to EmKeTech’s internal systems, which are for authorised EmKeTech employees only. Any other attempt to access them is not permitted.

If you apply for a vacancy through emketech.com/careers, the information you give must be accurate and must be your own. Publishing a vacancy or submitting an application does not create an offer or a contract of employment or engagement. How we handle applications is described in the privacy policy.

The services are provided free of charge unless a product clearly states otherwise at the point of use, in which case any additional terms presented to you then also apply.

We develop the services continuously. We may change, add or remove features, and we may suspend or withdraw a service or a product, in whole or in part, at any time. Where a change would significantly affect people who rely on a product, we will try to give reasonable notice. We do not promise that the services will be available at any particular time or without interruption.

To the extent permitted by law, the services are provided “as is” and “as available”. We give no warranty that they will meet your requirements, that their results will be accurate or complete, or that they will be free of errors, interruptions or harmful components, and we exclude all implied terms and warranties that the law allows us to exclude.

Some products produce calculations, conversions, checks or other output. You are responsible for checking that output before relying on it, particularly for financial, tax, legal, technical or other important decisions. The services do not provide professional advice.

If you are a consumer, nothing in these terms affects your statutory rights, including rights under the consumer protection law of the country where you live that cannot be excluded by contract.

Nothing in these terms excludes or limits our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot be excluded or limited under Irish law or other applicable law.

Subject to that:

• If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these terms or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, that results from your own failure to follow these terms or to keep copies of your content, or that arises from use of the services for business purposes.
• If you use the services for business purposes, we are not liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, revenue, business, goodwill, anticipated savings or data, or for any indirect or consequential loss, arising out of or in connection with the services or these terms.

We are not responsible for delays or failures caused by events outside our reasonable control.

The services, including their software, design, text and graphics, and the EmKeTech name and logo and the names and logos of EmKeTech products, belong to EmKeTech or its licensors and are protected by intellectual property laws. Except for the licence in section 4, these terms give you no rights in them. You may not use EmKeTech’s names or logos in a way that suggests an endorsement or connection that does not exist.

The services may link to websites and services operated by others. We do not control them and are not responsible for their content, availability or privacy practices. A link is not an endorsement.

You may stop using the services at any time. We may suspend or end your access to all or part of the services, without notice where reasonable, if you breach these terms or the acceptable use policy, if your use creates a risk for us, other users or the services, or if we are required to do so by law.

Sections that by their nature should continue after your use ends, including those on your content, no warranty, limitation of liability, intellectual property and governing law, continue to apply.

These terms, and any dispute or claim arising out of or in connection with them or the services, are governed by the laws of Ireland. The courts of Ireland have jurisdiction over any such dispute or claim.

If you are a consumer living in another country, this does not deprive you of the protection of the mandatory laws of that country, and you may also bring proceedings in the courts where you live.

• If any part of these terms is found to be invalid or unenforceable, the rest remains in effect.
• If we do not enforce a right straight away, we have not given it up.
• You may not transfer your rights under these terms to anyone else. We may transfer ours to another organisation, provided that doing so does not reduce your rights.
• No one other than you and EmKeTech has any right to enforce these terms.

We may update these terms, for example to reflect changes to the services or to the law. The date at the top of this page shows when they last changed. Changes apply from that date, and continuing to use the services afterwards means you accept them. Where a change is significant, we will make that clear on this page.

Questions about these terms can be sent to support@emketech.com.