Last Updated: August 5, 2025
Welcome to Embark Safety! These Terms of Use (“Terms”) govern your access to and use of our website, services, software, and platforms provided by Embark Safety, Inc. (“Embark,” “we,” “our,” or “us”).
By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our services.
1. Eligibility and Authorized Use
You may use the Services only if you are authorized to represent a business and are at least 18 years old.
You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations, including the Driver Privacy Protection Act (DPPA), Fair Credit Reporting Act (FCRA), and state-specific privacy laws.
2. Use of Services
You may not reverse engineer, tamper with, or use automated tools to extract or scrape our data.
Access to MVRs and related data is strictly limited to qualified businesses with a permissible purpose under applicable law.
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
3. Data Privacy and Consumer Rights
We are committed to protecting your personal information. Please refer to our Privacy Policy for full details.
Depending on your location, you may have rights under laws such as the California Consumer Privacy Act (CCPA/CPRA), the California Delete Act, and other state privacy laws (CO, CT, VA, UT, DE, IA, TN, NJ, MN, TX, etc.). These rights may include:
• Access to the personal data we process
• Correction of inaccurate information
• Deletion of your personal data
• Opt-out of sale, sharing, or targeted advertising
• Data portability
To exercise these rights, email us at privacy@embarksafety.com or submit a request at [link to privacy request portal]. We will respond within the timelines required by law.
4. Children’s Data and Age-Sensitive Protections
Our services are not intended for use by children under 13. We do not knowingly collect personal data from children.
For minors under 16, we implement enhanced privacy protections in accordance with new state and federal laws. If we discover a user is underage without proper consent, we will delete their data immediately.
5. Account and Subscription Terms
By signing up for Embark Safety services, you agree to our pricing and payment terms as outlined in your Service Agreement.
Subscription renewals and cancellations are governed by your individual contract.
We reserve the right to suspend or terminate your account if you violate these Terms or applicable law.
6. Service Availability and Changes
We may update, modify, suspend, or discontinue the Services (or any part of them) at any time without liability.
We may also update these Terms from time to time. We will notify you of material changes via email or via our platform. Continued use after changes constitutes acceptance.
7. Intellectual Property
All content, branding, and proprietary software provided by Embark Safety are the intellectual property of Embark Safety, Inc. and protected by copyright, trademark, and other laws.
You may not reproduce, distribute, or create derivative works without our written permission.
8. Disclaimer of Warranties
The Services are provided “as is” and “as available,” without warranty of any kind. We do not guarantee that the Services will be uninterrupted or error-free.
We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the maximum extent permitted by law, our total liability to you will not exceed the fees paid in the 12 months prior to the event giving rise to the claim.
We are not liable for indirect, incidental, special, or consequential damages, including loss of data or business interruption.
10. Dispute Resolution
Any dispute or claim relating to these Terms or your use of the Services will be resolved through binding arbitration, except where prohibited by law.
Residents of certain states may have additional rights under the American Privacy Rights Act or other federal or state legislation, and nothing in this section limits those rights.
11. Compliance with Law
You agree to comply with all relevant laws, including:
• The Driver Privacy Protection Act (DPPA)
• The Fair Credit Reporting Act (FCRA)
• Applicable state DMV regulations
• Data privacy laws (CPRA, VA CDPA, CO Privacy Act, NJDPA, TIPA, etc.)
12. Contact Us
If you have questions about these Terms, contact:
Embark Safety LLC
PO BOX 780699
Orlando, FL 32878
Email: legal@embarksafety.com
13. Miscellaneous
These Terms are governed by the laws of the State of Florida.
If any part of these Terms is deemed invalid, the rest will remain in effect.
Failure to enforce any right does not waive it.