A. Definitions

The terms of service documents relate to the EMORA product and all its related services such as EMOCHAT from ONTRACK VISION SOLUTIONS

1. An "Account" represents your legal relationship with EMORA. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on EMORA. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations.
2. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies and procedures that we may publish from time to time on the Website.
3. “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
4. “EMORA,” “We,” and “Us” refer to EMORA, directors, and employees.
5. The “Service” refers to the applications, software, products, and services provided by EMORA.
6. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions.
7. The “Website” refers to EMORA’s website located at www.emora.co.za and all content, services, and products provided by EMORA at or through the Website. It also refers to EMORA-owned subdomains of EMORA.

B. Account Terms

1. Account Controls
   • Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
   • Organizations. The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization’s data and projects. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.
2. Required Information
   • You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.
3. Account Requirements

   We have a few simple rules for User Accounts on EMORA's Service.

   • One person or legal entity may maintain no more than one Account
   • You must be age 16 or older.
   • Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows.
4. User Account Security
   • You are responsible for keeping your Account secure while you use our Service. The content of your Account and its security are up to you.
     • You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
     • You are responsible for maintaining the security of your Account and password. EMORA cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
     • You will promptly notify EMORA admin if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
5. Additional Terms
   • In some situations, third parties' terms may apply to your use of EMORA. For example, you may be a member of an organization on EMORA with its own terms or license agreements; or you may use EMORA to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.

C. Acceptable Use

• Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

D. User-Generated Content

1. Responsibility for User-Generated Content You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
2. EMORA May Remove Content We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any EMORA terms or policies.
3. Ownership of Content, Right to Post, and License Grants You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
4. Moral Rights You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. To the extent this agreement is not enforceable by applicable law, you grant EMORA the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

E. Private Repositories

Short version: You may have access to private repositories. We treat the content of private repositories as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.

1. Control of Private Repositories Some Accounts may have private repositories, which allow the User to control access to Content.
2. Confidentiality of Private Repositories EMORA considers the contents of private repositories to be confidential to you. EMORA will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
3. Access EMORA personnel may only access the content of your private repositories in the following situations:
   • With your consent and knowledge, for support reasons. If EMORA accesses a private repository for support reasons, we will only do so with the owner’s consent and knowledge.
   • When access is required for security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability and resilience of EMORA's systems and Service.
   • Client shall not give any 3rd party vendor or people that is not staff or there organization access to EMORA system without written consent of EMORA management. You may choose to enable additional access to your private repositories. For example:
   • You may enable various EMORA services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but EMORA will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those, we need to provide the EMORA Service, we will provide an explanation of those rights.
4. Protection of Personal Information Act, 2013 Data is securely stored 'in the cloud'. Captured information is only available to authorised users. You are in control of who has access!
5. Exclusions If we have reason to believe the contents of a private repository are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private repositories.

F. Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact our admin.

G. Intellectual Property Notice

1. EMORA's Rights to Content

   EMORA and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from EMORA.

H. Release and Indemnification

If you have a dispute with one or more Users, you agree to release EMORA from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that EMORA (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases EMORA of all liability); and (3) provides to you all reasonable assistance, at your expense.

I. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.