These Terms of Service ("Terms") govern your access to and use of the services, websites, licensing systems, subscription offerings, support channels, downloads, and related commercial activities provided by Falcrex Systems Inc ("Falcrex," "we," "us," or "our") in connection with EMP Intake (collectively, the "Services").
These Terms apply to your purchase, subscription, access to, and use of the Services. Use of the EMP Intake software itself is also governed by the EMP Intake End User License Agreement ("EULA"). If there is a conflict between these Terms and the EULA regarding use of the software, the EULA controls with respect to software use. If there is a conflict between these Terms and a separate signed order form, enterprise agreement, or other written agreement with Falcrex, that signed agreement controls to the extent of the conflict.
By purchasing, subscribing to, accessing, or using the Services, you agree to these Terms. If you do not agree, do not purchase, subscribe to, access, or use the Services. Related documents: Privacy Policy, Security, and the Refund policy (part of these Terms).
A convenience summary of what the Terms below already say. The full Terms govern.
These Terms apply to:
You represent and warrant that:
If you are using the Services on behalf of an organization, “you” includes both you and that organization.
You may be required to provide accurate account, contact, payment, licensing, or billing information in order to access certain Services.
You are responsible for:
You must promptly notify Falcrex if you become aware of unauthorized access, compromised credentials, misuse, or a suspected security incident relating to your use of the Services.
Falcrex may offer the Services on a one-time purchase, subscription, trial, evaluation, beta, promotional, seat-based, device-based, or other limited basis.
Your rights to access or use the Services may depend on:
Falcrex may change plan names, packaging, features, or pricing for future purchases or renewals, subject to applicable law and any separate written commitments.
If Falcrex provides a trial, beta, evaluation, or promotional version of the Services, Falcrex may:
Unless Falcrex expressly states otherwise in writing, trial, beta, evaluation, and promotional offerings are provided “as is” and may be subject to additional limitations or reduced support.
You agree to pay all applicable fees, charges, taxes, and other amounts associated with your purchase or subscription.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. You purchase from Paddle; Falcrex provides the EMP Intake software and technical support. Paddle handles payment, applicable transaction taxes, billing, and refund requests for those purchases.
Paddle purchases are also subject to Paddle's Buyer Terms (https://www.paddle.com/legal/buyer-terms), Refund Policy (https://www.paddle.com/legal/refund-policy), and Privacy Policy (https://www.paddle.com/legal/privacy). The version of Paddle's Refund Policy in effect at the time of your transaction applies to that transaction. These Terms do not limit mandatory consumer rights or any additional refund rights expressly agreed at checkout or in a signed agreement.
For purchases through Paddle, you authorize Paddle to charge the payment method you provide for:
Unless otherwise stated at checkout or in a signed agreement, fees are stated exclusive of taxes.
Refunds. Paddle handles refund requests under the Refund Policy in effect at the time of your transaction. You may request a discretionary refund within 14 days; approval is not guaranteed. Statutory withdrawal rights, any digital-content consent requirements, and rules for renewal payments follow that policy and applicable law. Your mandatory consumer rights, remedies for defective products, and any additional refund rights expressly agreed at checkout or in a signed agreement remain unaffected. For help, email support@falcrex.com or use the Paddle request routes below.
To request a refund or exercise an applicable withdrawal right for a Paddle purchase, use the support link in your Paddle receipt or visit https://paddle.net. For EMP technical or licensing help, contact support@falcrex.com. Cancellation of future renewals is separate from a request to refund an existing charge.
You are responsible for providing complete and accurate billing information and for keeping your payment information current.
Paddle links: Buyer Terms | Refund Policy | Privacy Policy | Billing and refund help
If your subscription renews automatically, it will renew for the applicable renewal term unless you cancel before the renewal date in accordance with the instructions provided at checkout, through the billing portal, or by the applicable payment provider.
Cancellation will generally stop future renewal charges but will not retroactively cancel charges already incurred, except where required by law or expressly stated otherwise.
For Paddle subscriptions, cancel through the portal linked in your subscription confirmation email or request help at https://paddle.net. Cancellation takes effect at the end of the current billing period and stops subsequent renewal charges. Applicable withdrawal and refund rights remain governed by section 6.
Downgrades, upgrades, seat changes, plan changes, billing interval changes, and similar changes may take effect immediately, at the end of the current billing period, or as otherwise described at the time of change.
Use of the EMP Intake software is governed by the EULA. Nothing in these Terms grants greater software rights than those provided under the EULA or an applicable order.
You may not:
You remain solely responsible for all files, case records, evidence records, notes, comments, exports, personal information, and other data you submit, create, upload, store, or process using the Services (“Customer Data”).
You represent and warrant that you have all rights and legal authority necessary to use Customer Data with the Services.
In normal standalone use, most case records, files, metadata, and evidence managed within EMP Intake remain on your own device or storage environment unless you export, sync, submit, or share that data through a separate service or support process.
Falcrex does not acquire ownership of Customer Data. Your use of the Services is also subject to the EMP Intake Privacy Policy.
Support and updates are governed by the EMP Intake Support & Updates Policy, any applicable plan terms, and any separate written agreement.
Unless Falcrex expressly agrees otherwise in writing, Falcrex does not guarantee:
The Services may include or rely on third-party providers, services, components, or technologies, including payment providers, licensing providers, map services, website tools, support systems, and software components.
External service providers may include Paddle, Cryptlex, Webflow, Microsoft 365, and Cloudflare. EMP Intake WS map features use OpenStreetMap-derived Protomaps data delivered through a Falcrex-controlled map service using Cloudflare infrastructure. Locally bundled software components may include FFmpeg, SQLite, Font Awesome, and Electron; including a component does not mean Customer Data is sent to its developer. Current provider information is available at https://empintake.com/sub-processors and https://empintake.com/trust.
Third-party services and components may be subject to separate terms, notices, licenses, attribution requirements, or privacy policies. Required notices may be provided in a separate THIRD-PARTY-NOTICES file or on the website.
Falcrex is not responsible for third-party outages, restrictions, or policy changes outside Falcrex’s reasonable control.
Your use of the Services is also subject to the EMP Intake Privacy Policy, which explains how Falcrex collects, uses, discloses, and protects personal information.
Falcrex may suspend, restrict, or terminate access to all or part of the Services if:
You may stop using the Services at any time. Termination or cancellation does not relieve you of payment obligations already incurred.
Upon termination, your access to licensed or subscription-based Services may end immediately or at the end of the current paid term, depending on the basis for termination and the applicable plan or payment status.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
FALCREX DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY.
FALCREX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR EVERY CUSTOMER ENVIRONMENT, OR THAT THEY WILL PREVENT INCIDENTS OR SATISFY ANY PARTICULAR LEGAL, REGULATORY, EMPLOYMENT, OR PROFESSIONAL STANDARD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FALCREX AND ITS AFFILIATES, LICENSORS, SUPPLIERS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, EVIDENCE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FALCREX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES, WHETHER TO FALCREX OR TO AN AUTHORIZED RESELLER SUCH AS PADDLE, DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms limits or excludes either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence, willful misconduct, or any other liability that cannot be limited or excluded under applicable law.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Falcrex and its affiliates, officers, directors, employees, contractors, licensors, and suppliers from and against claims, losses, liabilities, damages, judgments, costs, and expenses, including reasonable legal fees, arising out of or related to:
Falcrex may modify, suspend, or discontinue all or part of the Services at any time, subject to applicable law and any written commitments Falcrex has made.
Falcrex may also update these Terms from time to time. The updated version will be posted or otherwise made available with a revised "Last Updated" date. By continuing to use the Services after updated Terms become effective, you agree to the revised Terms.
The export control, sanctions, and anti-corruption provisions of the EULA apply equally to your purchase and use of the Services and are incorporated into these Terms by reference.
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law rules.
Before starting a formal proceeding, each party agrees to first attempt in good faith to resolve any dispute arising out of or relating to these Terms or the Services by written notice to the other party and informal discussion for at least thirty (30) days. This does not prevent either party from seeking urgent injunctive or equitable relief.
You agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the courts located in British Columbia, Canada, unless applicable law requires otherwise.
Severability. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.
Assignment. You may not assign these Terms without Falcrex's prior written consent, except to a successor in a merger, acquisition, or sale of substantially all assets, with notice to Falcrex. Falcrex may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets.
No waiver. A party's failure to enforce any provision is not a waiver of its right to enforce it later. Waivers must be in writing.
Notices. Falcrex may provide notices by email to the address associated with your account or order, through the Services, or by posting on https://empintake.com. You may provide notices to Falcrex at the contact address below.
Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control.
Survival. Provisions that by their nature should survive termination, including accrued payment obligations, disclaimers, limitations of liability, indemnities, and this General section, survive termination of these Terms.
These Terms, together with the EULA, Privacy Policy, Support & Updates Policy, any applicable Third-Party Notices, and any applicable order or signed written agreement, constitute the entire agreement between you and Falcrex regarding the Services and supersede prior or contemporaneous discussions, proposals, or agreements on that subject.
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