Effective Date: March 7, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY. This document (“Terms”) is a legal agreement between you (either an individual or an entity, referred to as “you” or “Customer”) and Dojo Five, LLC (“Dojo Five,” “we,” or “us”) governing your access to and use of the EmbedOps platform and related software services (collectively, the “Software” or “Platform”). By registering for an account or using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all of these Terms, you must not use the Platform. Customers and Users who do not accept these Terms are not authorized to use the Software.

1. User Categories

Dojo Five offers the EmbedOps Platform under three tiers of usage. The rights and obligations applicable to you depend on your user category or plan type. The following user categories are defined:

a) “Free Users”

are individuals or entities who register for the Free Plan and access basic EmbedOps features at no cost. Free Users do not pay subscription fees and receive a limited set of features and services.

b) “Paid Customers”

are customers who subscribe to a Paid Plan (premium tier) and pay applicable fees for access to enhanced or premium features of EmbedOps. Paid Customers are sometimes referred to as “Subscribers” and have access to more advanced functionality than Free Users, as determined by the specific plan chosen.

c) “Enterprise Customers”

are organizations or businesses who have entered into a custom Enterprise Agreement with Dojo Five for use of the EmbedOps Platform. Enterprise Customers often require additional features, volume use, security provisions, or compliance terms, and thus operate under separately negotiated terms in addition to (or superseding) these general Terms.

2. Plan Features

The features, functionality, and service levels provided under each tier (Free, Paid, and Enterprise) are determined by Dojo Five and may be changed at any time at Dojo Five’s sole discretion. Dojo Five reserves the right to add, remove, or modify features of the Free Plan or any Paid Plan, or to modify the available tiers themselves. We will endeavor to inform you of any material changes to plan features (for example, by posting updates on our website or notifying users via email), but we are not obligated to maintain any particular feature set and may make changes without prior notice. Your continued use of the Platform after changes to features or tiers constitutes acceptance of those changes.

3. Account Registration and Eligibility

You must register for an account to use the EmbedOps Platform. When creating an account, you agree to:

a) Provide Accurate Information:

You will provide true, current, and complete information about yourself (or your organization) as prompted by the registration process, and will keep such information updated,

b) Account Security:

You are responsible for maintaining the confidentiality of your account credentials (username and password or other access tokens) and for all activities that occur under your account. You must promptly notify Dojo Five of any unauthorized access or use of your account or any security breach. Dojo Five is not liable for any loss or damage arising from your failure to secure your account, and

c) Eligibility:

You represent that you are at least 18 years old (or the age of majority in your jurisdiction) and otherwise legally capable of entering into these Terms. If you are registering on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Dojo Five may, in its discretion, refuse registration or cancel accounts that violate these Terms or that are suspected of unauthorized, fraudulent, or unlawful activity.

4. Access and License to Use the Platform

Subject to your compliance with these Terms, Dojo Five grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the EmbedOps Platform according to your user category (Free, Paid, or Enterprise) and for your internal purposes. This license is conditioned on:

a) Permitted Use:

You may use the Software only for legitimate purposes in accordance with these Terms and any applicable laws. Paid Customers and Enterprise Customers may use the Platform for internal business operations or personal professional use. Free Users may use the Platform for evaluation, personal, or limited commercial use, subject to the feature limitations of the Free Plan,

b) No Resale or Unauthorized Use:

You shall not rent, lease, sell, distribute, or license the Platform to any third party, nor use the Platform on behalf of or for the benefit of any third party (except if you are an entity Customer, in which case your authorized employees or contractors may use the Software for your benefit). You will not attempt to bypass any usage limits or tier restrictions imposed on your account (for example, Free Users shall not access features exclusive to Paid plans by any workaround), and

c) Prohibited Activities:

You agree not to (i) reverse engineer, decompile, or disassemble the Software (except to the limited extent such actions are expressly permitted by law notwithstanding this restriction), (ii) copy or reproduce any portion of the Software except as allowed by us, (iii) remove or obscure any proprietary notices on the Platform, or (iv) use the Platform to conduct any illegal or unauthorized activities, including but not limited to transmitting malware, infringing others’ intellectual property, or engaging in harassment or cyberattacks.

All rights not expressly granted to you are reserved by Dojo Five and its licensors. You obtain no ownership rights in the Software or any associated intellectual property by using the service – only the limited rights to use as described above.

5. Fees, Subscription Term, and Payment (Paid Plans)

This section applies to Paid Customers and may also apply to Enterprise Customers to the extent not otherwise governed by a separate agreement:

5.1. Subscription Fees:

If you sign up for a Paid Plan, you agree to pay all fees associated with that plan (“Fees”). The pricing and specific features for Paid Plans are published on our website or stated in a Customer Order or subscription confirmation at the time of purchase. Fees may be charged on a monthly, annual, or other periodic basis depending on the plan you select. All Fees are stated and payable in U.S. dollars (unless otherwise specified).

5.2. Payment Method:

For online subscriptions, you must provide a valid payment method (such as a credit card) and you authorize Dojo Five (or our third-party payment processor) to charge the Fees to your provided payment method on a recurring basis. For Enterprise Customers or certain large orders, Dojo Five may agree to invoice you, in which case payment is due within the timeframe stated on the invoice or in the enterprise agreement.

5.3. Taxes:

Fees are exclusive of any sales, use, value-added, or similar taxes. You are responsible for any taxes or duties assessed on the Software or services, except for taxes based on Dojo Five’s income. If Dojo Five is required to collect taxes, such taxes will be added to your billing amount.

5.4. Automatic Renewal:

Paid Plan subscriptions will automatically renew at the end of each subscription term unless you cancel your subscription in accordance with these Terms. This means that, at the end of your initial subscription period (and each subsequent period), your subscription will automatically renew for an additional term equal to the previous term (e.g., a monthly plan will renew for another month; an annual plan for another year), and your provided payment method will be charged the then-current subscription fee automatically. Dojo Five may send a reminder or notice of upcoming renewal, but it is ultimately your responsibility to cancel if you do not wish to renew. If you do not want your Paid Plan to renew, you must cancel the subscription before the end of your current term (see Section 6 on how to cancel or downgrade). There are no refunds for failure to cancel in time, except where required by applicable law.

5.5. Changes to Fees:

Dojo Five reserves the right to modify the Fees for Paid Plans. For subscription plans, any fee change will take effect only at the start of a new subscription term. We will provide advance notice of any fee increase (for example, by email or via the Platform) at least 30 days before the new fees apply to you. If you do not agree to the revised Fees, you may cancel your subscription before the changes take effect. Continuing to use the Paid Plan into the new term constitutes acceptance of the new pricing.

6. Upgrades, Downgrades, and Cancellations

6.1. Free to Paid Upgrades:

Free Users may upgrade to a Paid Plan at any time. To upgrade, you must elect a Paid Plan through our website or sales team, agree to any applicable Customer Order or plan terms, and provide payment information. Once you upgrade and payment is processed, your account will gain access to the premium features of the selected Paid Plan, and you become a Paid Customer subject to all terms applicable to Paid Plans. Your billing cycle and subscription term will begin on the date of upgrade.

6.2. Paid to Free Downgrades (Cancellation):

If you are a Paid Customer, you may choose to cancel your paid subscription at any time. Cancellation can typically be done through your account settings on the Platform or by contacting Dojo Five support. When you cancel, your Paid Plan will remain active until the end of the current paid term (month or year, as applicable) that you have already paid for. At the end of that term, your account will automatically revert to the Free Plan. As a Free User after cancellation, you will no longer be charged subscription fees, and your access will be limited to the basic free features. Be aware that certain data or premium features may become inaccessible once your account reverts to the Free tier. It is your responsibility to backup any data or content that might no longer be available in the Free Plan. Dojo Five will not be liable for loss of features or data due to a downgrade that is a result of your cancellation (except as stated in our data retention policy in Section 8).

6.3. Downgrades of Paid Tier:

If you wish to switch from a higher Paid tier to a lower Paid tier (if multiple paid levels exist), you may do so at the next renewal period. Please contact us or use the account management interface to schedule a downgrade effective at the end of your current term. Downgrading may cause loss of certain features or capacity, so proceed with caution and consult our documentation if needed.

6.4. Enterprise Transitions:

Enterprise Customers are generally governed by custom agreements. If an Enterprise Customer wishes to transition to a standard Paid Plan or Free Plan (for example, after an enterprise contract term ends), they should contact Dojo Five to coordinate the transition. In many cases, an enterprise account that is not renewed or extended will lose enterprise-level features and may be converted to a standard Paid or Free account, subject to these Terms. Conversely, if a standard user wishes to become an Enterprise Customer, a new enterprise agreement must be executed; once effective, that agreement (along with these Terms, as applicable) will govern the relationship.

7. Support and Maintenance

7.1. Dojo Five offers different levels of support for the EmbedOps Platform corresponding to each user tier:

7.1.1. Free Users (Community Support):

Free Plan users are provided community support only. This means Free Users have access to self-help resources such as online documentation, knowledge base articles, tutorials, and user community forums. Dojo Five does not guarantee any dedicated technical support or response times to Free Users. Any support provided to Free Users is at Dojo Five’s discretion (for example, we may address common issues in community forums or periodically update FAQs).

7.1.2. Paid Customers (Standard Support):

Paid Plan customers are entitled to standard support from Dojo Five. Standard support typically includes access to Dojo Five’s support team via email or a ticketing system during normal business hours. Dojo Five will make commercially reasonable efforts to respond to support inquiries from Paid Customers and assist with issues related to the Platform. Specific response times or service levels may vary and, unless explicitly stated in your plan, are not guaranteed.

7.1.3. Enterprise Customers (Priority Support):

Enterprise Customers receive priority support, often defined in their custom agreement or Service Level Agreement (SLA) with Dojo Five. Priority support may include faster response times, extended support hours (potentially 24/7 or on-call support), designated support contacts or technical account managers, and assistance tailored to the enterprise’s needs. The exact support commitments for Enterprise Customers are governed by the terms of the enterprise contract or SLA. In the absence of specific support terms in the enterprise agreement, Enterprise Customers will at minimum receive the same level of support as Paid Customers, with a good faith effort by Dojo Five to prioritize their requests.

7.2.

Aside from the tiers above, Dojo Five does not guarantee any support beyond what is outlined for your plan. Community resources (forums, documentation) are provided on an “as-is” basis. We encourage Free Users to utilize those resources. Paid and Enterprise Customers should refer to their plan details or agreements for the process to request support and any applicable service level commitments.

8. Data Retention and User Data

8.1. Free Plan Data Retention (60-Day Policy):

Dojo Five implements a data retention policy for Free Users to manage storage resources. If a Free User’s account becomes inactive for 60 consecutive days, Dojo Five reserves the right to delete or archive the data associated with that Free account. “Inactive” means that the user has not logged in, accessed the Platform, or otherwise used the account for a period of at least 60 days. Prior to deleting any data for inactivity, Dojo Five may (but is not obligated to) send a reminder notice to the email address on record for the Free User. It is the Free User’s responsibility to keep backups of any important content or data stored on the Platform and to regularly sign in or export data if they wish to maintain it. If your Free account is deleted for inactivity, you may lose all stored data, and Dojo Five will not be liable to you for such deletion. (If a Free User resumes activity before the data is removed, the 60-day timer may reset.)

8.2. Paid and Enterprise Data:

For Paid Customers and Enterprise Customers, Dojo Five will retain your data for as long as your subscription or agreement is active, except as otherwise provided in these Terms or required by law. Upon termination or cancellation of a Paid subscription, Dojo Five may retain your data for a limited period (for example, 30-60 days) to allow you to export or migrate data, after which we may delete or anonymize the data. Enterprise Customers’ data handling and retention after termination may be governed by the enterprise agreement; if not specified, a similar retention period may apply. Dojo Five is not obligated to retain data beyond these periods and will not be responsible for data that is lost or deleted following the closure of an account, except where prohibited by law.

8.3. Data Privacy and Security:

Dojo Five takes reasonable measures to protect user data in line with our Privacy Policy and industry best practices. You acknowledge that you have read and understand our Privacy Policy (available on our website), which explains how we collect, use, and safeguard your personal data and content. By using the Platform, you consent to our collection and use of your data as outlined in the Privacy Policy. While we strive to maintain a secure and reliable service, no system is infallible; therefore, you agree that you will use appropriate caution and not input highly sensitive information into the Platform unless you have an Enterprise agreement that includes specific data handling commitments.

9. Intellectual Property Rights

9.1. Ownership of the Platform:

The EmbedOps Platform, including all software, code, systems, tools, documentation, templates, and other content provided by Dojo Five, is the intellectual property of Dojo Five or its licensors. All rights, title, and interest in and to the Platform (and any copies or portions thereof) remain with Dojo Five. These Terms do not grant you any ownership rights in the Software or Dojo Five trademarks, logos, or other brand features. You shall not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on the Platform.

9.2. User Content:

In the course of using EmbedOps, you may upload, configure, or generate content such as code, configuration files, or other data (“User Content”). You retain any ownership rights that you have in your User Content. These Terms do not grant Dojo Five ownership of your code or project data. However, by storing or processing User Content on the Platform, you grant Dojo Five a limited license to use, reproduce, and process your User Content solely for the purpose of providing and improving the services (for example, storing it on our servers, making backup copies, parsing it for display or analysis within the Platform, etc.). We will not use your User Content for any other purpose except as permitted by you, and we claim no rights to use your content outside of operating the EmbedOps service.

9.3. Feedback:

If you provide Dojo Five with any suggestions, ideas, enhancement requests, or other feedback about the Platform (“Feedback”), you acknowledge that such Feedback is given voluntarily and may be used by Dojo Five without obligation or compensation to you. Feedback can be used to improve our products and services, and you hereby grant Dojo Five a perpetual, irrevocable, sublicensable, worldwide license to use, modify, and incorporate any Feedback into our products or services.

9.4. Third-Party Components:

The Platform may include open-source or third-party software components that are subject to separate license terms. Any such components are licensed to you under the applicable license terms (which can be provided upon request or as noted in the documentation), and not under these Terms. Nothing in these Terms limits your rights under, or grants you rights that supersede, the license terms of any open-source software included in the Platform.

10. Term and Termination

10.1. Term of Agreement:

These Terms are effective between you and Dojo Five as of the moment you first accept them (by clicking an “I Agree” button, creating an account, or using the Platform) and will remain in effect until terminated as described herein. For Paid Customers, the subscription term is as defined in Section 5 and your Customer Order (e.g., month-to-month or annual), and it will renew as per Section 5 unless canceled. Enterprise Customers’ term and termination rights may be specified in their separate agreements (which shall take precedence in case of conflict).

10.2. Your Termination Rights

10.2.1. Free Users:

You may stop using the Platform and terminate your Free account at any time by deleting your account through the user settings (if available) or by contacting Dojo Five support with a termination request. If you delete your Free account, you will lose access to all data and content in the account (subject to Section 8.1).

10.2.2. Paid Customers:

You may terminate your subscription by canceling as described in Section 6. Your account will revert to Free at the end of the paid term. If you wish to terminate immediately and delete your account entirely (without waiting for term expiration), you can contact support, but note that prepaid fees for the remainder of the term are not refundable (except where required by law or explicitly stated by Dojo Five).

10.2.3. Enterprise Customers:

Termination rights for enterprise agreements are governed by the terms of the custom agreement. Typically, an enterprise contract may be terminated at the end of its term by either party giving notice as required, or for cause if the other party materially breaches the agreement and fails to cure within a specified period. If an enterprise agreement is terminated or expires without renewal, the enterprise users’ access to the Platform may be terminated or downgraded as described in Section 6.

10.3. Termination by Dojo Five:

Dojo Five may suspend or terminate your account or access to the Platform under the following circumstances:

10.3.1. For Breach:

If you materially breach these Terms (including non-payment of Fees when due for Paid accounts) and do not cure the breach within 10 days after Dojo Five provides you with notice of the breach (if it is curable), Dojo Five may terminate your account or subscription. For serious violations (for example, if you are using the Platform in a way that threatens security, infringes intellectual property, or violates law), Dojo Five may suspend or restrict access immediately without notice.

10.3.2. Inactivity:

As noted in Section 8, Free accounts that are inactive for 60 days may be deemed terminated for inactivity. Dojo Five may also terminate Free accounts after extended inactivity by permanently deleting the account and associated data.

10.3.3. Fraud or Misuse:

Dojo Five may immediately suspend or terminate any account (Free, Paid, or Enterprise) if we determine in good faith that you have engaged in fraudulent activities, fundamentally misused the Platform, or are using the Platform in a manner that could cause liability to Dojo Five or other users.

10.3.4. Discontinuation of Service:

In the unlikely event that Dojo Five decides to discontinue the EmbedOps Platform or a particular portion of it, we will provide you with at least 60 days’ notice where feasible. We may then terminate all accounts as part of a shutdown. In such case, if you are a Paid Customer, we will refund any prepaid fees covering the period after the service discontinuation.

10.4. Effect of Termination

Upon termination or expiration of your account or subscription: (a) the rights and licenses granted to you under these Terms will end immediately, and you must stop using the Platform; (b) any unpaid fees up to the date of termination will become immediately due (if applicable); and (c) your data will be handled in accordance with Section 8 (Data Retention). For Enterprise Customers, any post-termination obligations or assistance (such as data transfer) will be governed by the enterprise agreement. Sections of these Terms that by their nature should survive termination (such as indemnities, disclaimers, limitation of liability, and dispute resolution provisions) shall survive.

11. Warranties and Disclaimers

11.1. You represent and warrant that you have the right and authority to enter into these Terms and to use the Platform in accordance with these Terms. If you are registering on behalf of an organization, you warrant that you are authorized to bind that entity. You further warrant that your use of the Platform and any User Content you provide will not violate any applicable laws or infringe the rights (including intellectual property rights or privacy rights) of any third party.

11.2. Disclaimer of Warranties: THE EMBEDOPS PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOJO FIVE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Dojo Five does not guarantee that the Platform will be uninterrupted, error-free, or completely secure. You assume all risk as to the results and performance of the Software. No advice or information, whether oral or written, obtained from Dojo Five or through the Platform, shall create any warranty not expressly stated in these Terms.

11.3. Specific Disclaimers for Free Users: Free Users acknowledge that the Free Plan is offered at no charge and with limited features and support. Accordingly, Free Users agree that all disclaimers of warranties apply fully to the free service tier. The Platform’s community support channels are not guaranteed to resolve your issues. Free Users use the Platform at their own risk and should not rely on the Platform for any critical or sensitive uses without appropriate safeguards.

11.4. Beta or Trial Features: From time to time, Dojo Five may offer new features or beta versions of the Platform to some users (Free, Paid, or Enterprise). Any beta, trial, or pre-release features are provided solely for evaluation and on an as-is basis, without any warranties whatsoever. Dojo Five makes no promises that beta features will be made generally available or that they will function in any particular way. We welcome feedback on experimental features but are not obliged to fix any issues or continue offering them.

12. Limitation of Liability

12.1. Indirect Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DOJO FIVE (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES) BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, arising out of or in connection with the Platform or these Terms. This includes, without limitation, any loss of profits, loss of data, business interruption, computer damage, or other commercial or economic loss, even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

12.2. Cap on Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, DOJO FIVE’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATED TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO DOJO FIVE FOR THE EMBEDOPS PLATFORM IN THE 12 MONTHS IMMEDIATELY PRECEDING the event giving rise to the liability (or, if you are on a Free Plan or have paid less than twelve months of fees, $100 USD). This limitation applies collectively to Dojo Five, its affiliates, and their respective directors, officers, employees, agents, suppliers, and licensors.

12.3. Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the disclaimers and limitations in Sections 11 and 12 will apply to the maximum extent permitted by law, but Dojo Five’s liability will not exceed the minimum amount required by law. Nothing in these Terms limits or excludes liability for gross negligence, willful misconduct, or fraud, or any other liability that cannot be limited by law.

12.4. Basis of Bargain: You acknowledge and agree that Dojo Five has offered the Platform and set its prices (including offering Free tiers) in reliance on the disclaimers of warranty and limitations of liability set forth herein, and that these provisions form an essential basis of the bargain between you and Dojo Five. You agree that the limitations and exclusions of liability and disclaimers specified in these Terms are fair and reasonable.

13. Indemnification

You agree to indemnify, defend, and hold harmless Dojo Five, its parent, affiliates, and their respective officers, directors, employees, and agents (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to: (a) your use or misuse of the EmbedOps Platform; (b) your breach of any provision of these Terms; (c) your violation of any law or regulation or of any rights of a third party (including intellectual property rights or privacy rights); or (d) any dispute or issue between you and any third party (such as your customers or end users) arising from use of the Platform. Dojo Five reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with Dojo Five in asserting any available defenses). You agree not to settle any such matter without the prior written consent of Dojo Five. This indemnification obligation will survive termination of your account or these Terms.

14. Modifications to Terms

As the EmbedOps Platform and our business evolve, we may need to update or modify these Terms from time to time. Dojo Five reserves the right to change these Terms at its discretion. However, we will use reasonable efforts to provide advance notice of any material changes. For example, we may notify you by email (sent to the address registered with your account) or by posting a prominent notice on our website or within the Platform if we make significant updates. The notice will designate a reasonable advance effective date for the new terms.

If you do not agree to the revised Terms, you must stop using the Platform and, if you are a Paid Customer, you may cancel your subscription (see Sections 5 and 6 for cancellation procedures). For Enterprise Customers, changes to these general Terms will typically not override any conflicting provisions in your separately negotiated agreement, but any aspects of these Terms that are not addressed in the enterprise agreement may be updated as described here. Your continued use of the EmbedOps Platform after the effective date of updated Terms constitutes your acceptance of the changes. The “Effective Date” at the top of this document will be updated when these Terms are changed. We encourage you to review these Terms periodically.

15. Entire Agreement

These Terms (including any documents incorporated by reference, such as our Privacy Policy and any applicable Customer Order or Enterprise Agreement) constitute the entire agreement between you and Dojo Five regarding the EmbedOps Platform. They supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Dojo Five with respect to the Platform. In the event of any conflict between these Terms and an Enterprise Customer’s separate written agreement with Dojo Five, the terms of the separate written agreement shall control for that Enterprise Customer, but any provisions in these Terms that are supplemental and not inconsistent with the enterprise agreement remain in effect.

16. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, USA, without regard to its conflict of law principles. You and Dojo Five agree that any disputes arising under or in connection with these Terms or the Platform shall be subject to the exclusive jurisdiction of the state or federal courts located in Minnesota, and you consent to the personal jurisdiction of such courts. Notwithstanding this, Dojo Five may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. If you are accessing the Platform from outside the United States, you are responsible for complying with local laws.

17. No Waiver

The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the party granting the waiver.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The parties will negotiate in good faith a valid, legal, and enforceable substitute provision that most nearly reflects the original intent of the unenforceable provision.

19. Assignment

You may not assign or transfer these Terms or your rights or obligations under these Terms, in whole or in part, without Dojo Five’s prior written consent. Any attempt to assign these Terms without consent will be null and void. Dojo Five may freely assign or transfer these Terms (for example, in the event of a merger, acquisition, or sale of assets, or by operation of law) without your consent. These Terms shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

20. Force Majeure

Dojo Five will not be liable for any failure or delay in performance of its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, embargoes, fire, pandemics, natural disasters, labor strikes, or Internet service interruptions. In such event, Dojo Five will be relieved of its obligations until the situation is resolved and will strive to resume performance as soon as practicable.

21. Notices

Dojo Five may provide notices to you under these Terms by email to the address associated with your account, by postal mail to the contact address you have provided, or by postings within the Platform. You must ensure that your contact information is current and accurate, and you are deemed to have received any notice that is sent to the latest email or physical address on file. You may provide notice to Dojo Five by sending an email to legal@dojofive.com or by written communication to: Dojo Five, LLC, 266 East 7th Street, Suite 200, Saint Paul, MN 55101, USA.

22. Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship between you and Dojo Five. You are an independent user (or customer), and neither party has the authority to bind the other or incur obligations on the other’s behalf without a separate written agreement.

23. Export Compliance

You agree to comply with all applicable U.S. and international export control and economic sanctions laws and regulations that apply to your use of the Platform. You represent that you are not named on any U.S. government denied-party list and that you will not make the Platform available to any person or entity prohibited by law.

24. U.S. Government Users

(If applicable) The Software and documentation are “commercial items” as that term is defined at 48 C.F.R. §2.101. If the user of the Software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software and any documentation is restricted by the terms of these Terms in accordance with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1, et seq., or any successor regulations.

Contact Information

If you have any questions about these Terms or the EmbedOps Platform, please contact Dojo Five at support@dojofive.com.