Review our terms of service and privacy policy
These Terms of Service ("Terms") govern your access to and use of the AI Ready AI Readiness Assessment application (the "Service"), provided by Emphasis Technologies Inc. DBA Emphasis Tech ("we," "us," or "our"). The Service is a software-as-a-service (SaaS) platform that allows businesses to assess their readiness for AI implementation by answering questions about their operations.
By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business or entity ("Client"), you represent that you have the authority to bind that Client to these Terms. If you do not agree to these Terms, you may not use the Service.
We reserve the right to update these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last Updated" date above. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the subscription term.
You are responsible for:
You may not:
To use the Service, you must register an account and provide accurate information. You are responsible for all activities that occur under your account.
The Service is provided for a one-time, non-recurring fee, as specified in your order form or on our pricing page at the time of purchase. The final fee may vary depending on the application of any valid discount codes or other factors, as indicated during the purchase process. Payment is due in full at the time of purchase via credit card, debit card, or other payment method offered by our payment processor. All fees are non-refundable unless otherwise stated in these Terms or required by applicable law.
We reserve the right to modify our pricing for future purchases, but such changes will not affect the fee paid for your completed purchase.
You retain ownership of your Client Data. By using the Service, you grant us a limited license to use, store, process, and analyze Client Data solely to provide the Service, generate assessment results, and improve the Service (in aggregated, de-identified form).
We will not share Client Data with any third-party organizations except as follows:
We implement reasonable security measures to protect Client Data consistent with industry standards. However, you are responsible for the accuracy and legality of Client Data.
For more details on data handling, see our [Privacy Policy](Privacy Policy.pdf).
Each party agrees to treat the other's confidential information (including Client Data for us) with the same care as its own, and not disclose it except as necessary to perform under these Terms or as required by law.
We own all rights to the Service, including software, algorithms, assessment questions, and generated reports (excluding your Client Data). You may not claim ownership or use our IP outside the Service.
Any feedback you provide about the Service may be used by us without obligation to you.
We warrant that the Service will perform substantially as described. Your sole remedy for breach is termination with refund of prepaid fees.
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The assessment results are for informational purposes only and do not constitute professional advice. You are responsible for any decisions based on them.
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY WILL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
You agree to indemnify us against claims arising from your Client Data, misuse of the Service, or violation of these Terms.
We agree to indemnify you against claims that the Service infringes third-party IP rights, subject to limitations.
These Terms continue until terminated. You may terminate by ceasing use and notifying us. We may terminate for breach. Upon termination, access ends, and we may delete Client Data after 30 days.
These Terms are governed by the laws of the State of Oklahoma, without regard to conflicts of laws.
Any disputes will be resolved by Arbitration using the American Arbitration Association's rules. Arbitration will be conducted in Oklahoma County, State of Oklahoma. The prevailing party in the Arbitration will be entitled to recover its reasonable attorney’s fees and costs.
These Terms are the entire agreement and supersede prior agreements. No waiver is effective unless in writing. If any provision is invalid, the rest remain in effect.
Force majeure excuses performance delays (except payment).
You may not assign these Terms without our consent; we may assign freely.
Notices must be in writing at:
Emphasis Tech
P.O. Box 53
Choctaw, OK 73020
Or via our Contact Us form on the website (emphasistech.com/contact-us).
For questions, please reach out via our Support Page.