Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") govern your use of the Ember Loom website located at embeerlloes.top and the AI consulting services we provide. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our website or services.

"Ember Loom," "we," "our," or "us" refers to Ember Loom, a business entity registered in Thailand providing artificial intelligence consulting services.

"You," "your," or "Client" refers to the individual or organization accessing our website or engaging our services.

2. Definitions

• Services: The AI readiness assessments, custom model development, integration support, and related consulting services provided by Ember Loom.
• Website: The Ember Loom website accessible at embeerlloes.top and any associated subdomains.
• Agreement: The legal relationship between you and Ember Loom, consisting of these Terms and any service-specific contracts.
• Deliverables: The work products, documentation, models, reports, or other outputs provided as part of our Services.
• Confidential Information: Non-public information disclosed by either party during the course of an engagement.

3. Service Description

Ember Loom provides professional AI consulting services including, but not limited to, AI readiness assessments, custom machine learning model development, and AI integration support. Services are provided on a project basis as described in individual service agreements or statements of work.

Service availability may vary and is subject to our capacity and expertise. We reserve the right to decline service requests that fall outside our area of expertise or capacity.

Services are performed by qualified professionals using industry-standard methodologies. However, AI implementations involve inherent uncertainty and we cannot guarantee specific outcomes or performance levels unless explicitly stated in a written service agreement.

4. Client Responsibilities

When engaging our services, you agree to:

• Provide accurate and complete information necessary for service delivery
• Respond to requests for information or clarification in a timely manner
• Designate appropriate personnel to work with our team
• Provide access to necessary data, systems, and resources as agreed
• Maintain appropriate security measures for any credentials or access we provide
• Comply with all applicable laws and regulations in your use of our services
• Not use our services for any unlawful or prohibited purpose

Delays or issues resulting from failure to meet these responsibilities may affect project timelines and deliverables.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of Ember Loom or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our website content without explicit written permission.

5.2 Service Deliverables

Upon full payment of applicable fees, you receive ownership of the specific deliverables created for your project, including custom models, documentation, and reports. However, Ember Loom retains ownership of our general methodologies, frameworks, and pre-existing intellectual property incorporated into the work.

5.3 Client Data

You retain all ownership rights to data you provide. By engaging our services, you grant us a limited license to use your data solely for the purpose of delivering agreed services. We do not use client data for any other purpose without explicit consent.

6. Fees and Payment

Service fees are specified in individual service agreements or proposals. Unless otherwise agreed, fees are fixed for the defined scope of work. Payment terms are typically 50% upon engagement commencement and 50% upon completion, though specific arrangements may vary by project.

Payments are due within 14 days of invoice date. Late payments may incur interest charges of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts with overdue payments.

All fees are quoted in Thai Baht (฿) unless otherwise specified. Fees do not include applicable taxes, which will be added to invoices as required by law.

If project scope changes significantly during an engagement, we will discuss revised fees before proceeding with additional work. Changes in scope must be agreed in writing by both parties.

7. Confidentiality

Both parties agree to maintain the confidentiality of information disclosed during the engagement that is marked as confidential or would reasonably be understood to be confidential. This obligation extends for three years beyond the end of the engagement.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of this agreement; (b) was rightfully known prior to disclosure; (c) is independently developed; or (d) must be disclosed under law or court order.

We may disclose confidential information to employees and contractors who need access to perform services, provided they are bound by similar confidentiality obligations.

8. Warranties and Disclaimers

We warrant that services will be performed with reasonable skill and care consistent with professional standards. However, AI implementations involve inherent uncertainties and we do not warrant specific outcomes, performance levels, or business results unless explicitly stated in writing.

Our website and general information are provided "as is" without warranties of any kind, either express or implied. We do not warrant that the website will be error-free, uninterrupted, or free from viruses or other harmful components.

We are not liable for decisions you make based on our services or recommendations. You are responsible for evaluating the appropriateness of our deliverables for your specific use case and for implementing appropriate testing and validation.

9. Limitation of Liability

To the maximum extent permitted by law, our total liability for any claims arising from services or this agreement shall not exceed the fees paid by you for the specific service giving rise to the claim.

We are not liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow limitation of certain damages, so these limitations may not apply in full to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

10. Termination

Either party may terminate an engagement with 14 days written notice. Upon termination, you remain obligated to pay for work completed to date. We will provide deliverables for work completed as of the termination date.

We may terminate immediately if you breach material terms of the agreement, fail to make required payments, or engage in conduct that could harm our reputation or violate applicable laws.

Provisions regarding confidentiality, intellectual property, payment obligations, and limitations of liability survive termination.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of Thailand. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Bangkok, Thailand.

Before initiating formal legal proceedings, parties agree to attempt to resolve disputes through good faith negotiation. If negotiation fails, either party may pursue resolution through the Thai courts.

Nothing in this section prevents either party from seeking injunctive relief or other equitable remedies in case of breach of confidentiality or intellectual property rights.

12. General Provisions

12.1 Entire Agreement

These Terms, together with any service-specific agreements, constitute the entire agreement between you and Ember Loom regarding use of our website and services, superseding any prior agreements or understandings.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

12.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

12.5 Force Majeure

Neither party will be liable for delays or failures in performance resulting from causes beyond reasonable control, including natural disasters, government actions, labor disputes, or technical failures.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes become effective when posted to our website. We will update the "Last Updated" date at the top of this page when changes are made.

Continued use of our website or services after changes are posted constitutes acceptance of the modified Terms. If you do not agree with modified Terms, you should discontinue use of our services.

14. Contact Information

For questions about these Terms or our services, please contact us: