Business Embassy – Terms and Conditions
Effective Date: 11/01/2024
1. Introduction
Welcome to Business Embassy (the "Platform"), operated by Operational Craft Consulting LLC ("OCC," "we," "us," or "our"), a company registered at 778 High Point Ridge Rd, Franklin, Tennessee, 37069, USA. By accessing or using our Platform, you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use the Platform.
2. Acceptance of Terms
By using the Platform, you confirm that you have read, understood, and agree to these Terms. We reserve the right to modify or update these Terms at any time, and it is your responsibility to review them periodically. Continued use of the Platform after changes constitutes acceptance of those changes.
3. Eligibility
To use the Platform, you must be at least 18 years old and have the legal capacity to enter into a binding contract. By using the Platform, you represent and warrant that you meet these eligibility requirements.
4. Platform Services
Business Embassy provides site selection services and recommendations for businesses seeking to establish or relocate operations within the United States. The information and data presented on the Platform are for informational purposes only and are subject to change without notice.
5. Account Registration and Security
- Users may be required to create an account to access certain features of the Platform.
- You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
- You are responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account.
- OCC reserves the right to suspend or terminate accounts that violate these Terms or for other security reasons.
6. Fees and Payments
- Use of certain services on the Platform may require payment of fees. All fees are non-refundable unless otherwise specified.
- Payment processing services on the Platform are provided by third-party providers, such as Stripe. By making a payment, you agree to abide by the payment terms of these providers.
7. Intellectual Property
OCC reserves the right to change the pricing of its services at any time. Any changes in fees will be communicated to you in advance.
All content on the Platform, including text, graphics, logos, and software, is the property of OCC and is protected by copyright, trademark, and other intellectual property laws.
- You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Platform solely for your internal business purposes.
You may not reproduce, distribute, modify, create derivative works, publicly display, or otherwise exploit any content on the Platform without the express written consent of OCC.
8. User Conduct
You agree not to:
- Use the Platform for any unlawful, fraudulent, or malicious purposes.
- Upload, post, or transmit any content that is illegal, harmful, or infringes on others' rights.
- Attempt to gain unauthorized access to the Platform, other accounts, or computer systems.
Use the Platform in a way that could damage, disable, overburden, or impair the Platform's infrastructure.
9. Cybersecurity and Data Protection
- We use commercially reasonable security measures to protect the confidentiality, integrity, and availability of data on the Platform. However, you acknowledge that no system is entirely secure, and we cannot guarantee absolute security.
- You are responsible for maintaining the security of your account credentials and should immediately notify us of any unauthorised use of your account or any other security breach.
In the event of a data breach, OCC will promptly notify affected users in compliance with U.S., Tennessee, and applicable international data protection laws, including GDPR.
10. Privacy Policy and Data Handling
- Data Collection: We collect and process your personal information as described in our Privacy Policy, which you can review [here](insert link). By using the Platform, you consent to this collection and processing of data.
- Data Consent (Opt-In for Matchmaking)**: Your contact information will only be shared with third parties (e.g., state contact persons, chambers of commerce) with your explicit consent (opt-in). We will not transfer or disclose your information without this consent.
- Anonymised Data: All data collected will be anonymized before being used for AI, machine learning (ML), and data analytics purposes. Anonymized data means that information cannot be linked back to individual users.
- Data Retention: Your data will be stored for as long as necessary to fulfil the purposes for which it was collected or as required by law. If you request to delete your data, we will comply within a reasonable timeframe unless we are required to retain it for legal or regulatory purposes.
- Data Access and Correction: You have the right to access and correct your personal data held by OCC. To exercise these rights, please contact us at [insert contact email].
11. GDPR Compliance
- Data Subject Rights: If you are located in the European Economic Area (EEA), you have certain rights under the General Data Protection Regulation (GDPR), including the right to access, rectify, or erase your personal data, the right to restrict processing, the right to data portability, and the right to object to processing.
- Lawful Basis: We collect and process your data based on your consent, our contractual obligations to you, or our legitimate interests in providing and improving our services.
International Data Transfers: Your information, including personal data, may be transferred to and maintained on servers located outside your state, province, country, or other governmental jurisdiction where the data protection laws may differ. By using our Platform and providing your information, you consent to such transfer.
12. Limitation of Liability
- The Platform and its 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, or non-infringement.
- OCC does not guarantee the accuracy, completeness, or usefulness of the information provided on the Platform and does not endorse or assume responsibility for any advice, recommendation, or opinion expressed therein.
- In no event shall OCC, its affiliates, or its licensors be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including, but not limited to, loss of profits, data, or goodwill, arising out of or related to your use of or inability to use the Platform.
OCC's total liability to you for any claims arising from these Terms or your use of the Platform shall not exceed the amount paid by you to OCC in the 12 months preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless OCC, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way related to:
- Your use of the Platform.
- Your violation of these Terms.
- Your violation of any rights of a third party, including intellectual property rights.
14. Confidentiality
We respect your privacy and handle your personal information in accordance with our Privacy Policy. We will not disclose your confidential information without your consent, except as required by law.
15. Termination
- OCC reserves the right to suspend or terminate your access to the Platform at its sole discretion, without notice, for conduct that it believes violates these Terms or is harmful to other users, OCC, or third parties.
- Upon termination, your right to use the Platform will immediately cease, and you will have no right to receive any refunds of fees paid.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, USA, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Tennessee to resolve any legal matter arising from these Terms.
17. No Waiver
OCC's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.
19. Force Majeure
OCC shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from events beyond OCC's reasonable control, including, but not limited to, natural disasters, strikes, government actions, or internet service provider failures.
20. Entire Agreement
These Terms constitute the entire agreement between you and OCC regarding the use of the Platform and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether oral or written, regarding such subject matter.
21. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Operational Craft Consulting LLC
778 High Point Ridge Rd
Franklin, Tennessee, 37069, USA
By using the Business Embassy Platform, you acknowledge that you have read, understood, and agree to these Terms and Conditions, including our privacy and data protection policies.