1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Empirq LLC, a company organized under the laws of the Commonwealth of Virginia ("Empirq," "we," "us," or "our"), governing your access to and use of the Empirq platform available at empirq.com and any related websites, applications, products, and services operated by Empirq (collectively, the "Platform").
By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Platform.
We reserve the right to update these Terms at any time. We will notify you of material legal or financial changes by email and/or through the Platform at least 30 days before they take effect and update the "Last Updated" date. For other changes, including general product updates or non-material revisions, we may provide notice as we determine appropriate or as required by applicable law. Your continued use of the Platform after such changes constitutes acceptance of the revised Terms.
1.1 Scope of Services
The Platform may include multiple products, features, or services operated by Empirq, including current and future offerings. These may include, but are not limited to, content publishing tools, subscription systems, analytics, and other software applications.
Unless otherwise stated, these Terms apply to all products and services operated by Empirq. Certain features or services may be subject to additional terms, which will be presented at the time of use.
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Platform. By using the Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3. Account Registration and Security
3.1 Account Creation
To access certain features of the Platform, you must create an account. You may register using an email address (via magic link authentication), or through a third-party authentication provider (Google or GitHub). You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Empirq of any unauthorized use of your account or any other breach of security.
3.3 Account Termination by You
You may delete your account at any time through your account settings. Upon deletion, we will remove your account information in accordance with our Privacy Policy. Certain data may be retained as described in Section 12 and in our Privacy Policy.
4. The Platform
4.1 Description
Empirq is a software platform that provides tools for creating, publishing, and interacting with technical content, along with related features and services. The Platform may evolve to include additional products, tools, or services beyond publishing functionality.
4.2 User Roles
The Platform supports the following user roles:
- Readers may browse, read, and interact with published content.
- Writers may create, edit, publish, and manage content on the Platform.
- Subscribers may purchase paid subscriptions to individual writers' content.
A single account may hold multiple roles simultaneously.
4.3 Availability
We strive to maintain Platform availability but do not guarantee uninterrupted or error-free service. We may modify, suspend, or discontinue any part of the Platform at any time, with or without notice.
5. User Content
5.1 Definition
"User Content" means any text, code, images, data, files, comments, or other materials that you upload, submit, publish, or display on or through the Platform.
5.2 Ownership
You retain all ownership rights in your User Content. Empirq does not claim ownership of any User Content you create or publish on the Platform.
5.3 License Grant to Empirq
By submitting User Content to the Platform, you grant Empirq a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content solely for the purposes of operating, promoting, and improving the Platform. This includes the right to:
- Display your content to readers and subscribers
- Format and render your content (including code blocks, LaTeX equations, and images)
- Include your content in Platform feeds, search results, and recommendations
- Create thumbnails, excerpts, and previews of your content
- Distribute your content via email newsletters and notifications
- Cache and store your content for performance optimization
This license continues for a commercially reasonable period after you remove your content from the Platform, to allow for the removal of cached copies and backups.
5.4 License Grant to Other Users
By publishing content as publicly accessible on the Platform, you grant other Users a non-exclusive, royalty-free license to read, view, and share your content through the Platform's built-in sharing features. Paid content is licensed only to subscribers who have an active, paid subscription.
5.5 Content Representations
You represent and warrant that:
- You own or have the necessary rights and licenses to submit your User Content
- Your User Content does not infringe the intellectual property rights of any third party
- Your User Content complies with these Terms and all applicable laws
- You have obtained all necessary consents from any individuals depicted or referenced in your User Content
5.6 Content Removal
You may remove your User Content from the Platform at any time. Upon removal, we will make commercially reasonable efforts to cease displaying such content, though cached or archived copies may persist for a limited period.
6. Acceptable Use Policy
You agree to comply with the Empirq Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference.
6.1 Prohibited Content
You agree not to publish, upload, or transmit any content that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, or invasive of another's privacy
- Contains hate speech, promotes violence, or discriminates against individuals or groups based on race, ethnicity, gender, religion, sexual orientation, disability, or any other protected characteristic
- Is pornographic, sexually explicit, or obscene
- Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Contains viruses, malware, or other harmful code
- Is fraudulent, deceptive, or misleading
- Constitutes spam, unsolicited bulk communications, or automated submissions
- Impersonates any person or entity or misrepresents your affiliation
- Contains personally identifiable information of third parties without their consent
- Violates any applicable law, regulation, or these Terms
6.2 Prohibited Conduct
You agree not to:
- Access or use the Platform for any illegal or unauthorized purpose
- Interfere with or disrupt the Platform or servers or networks connected to the Platform
- Attempt to gain unauthorized access to any part of the Platform, other accounts, or systems
- Use any automated system (including bots, scrapers, or crawlers) to access the Platform without our prior written consent
- Circumvent, disable, or otherwise interfere with security-related features of the Platform
- Reverse engineer, decompile, or disassemble any portion of the Platform
- Use the Platform to collect or harvest User data without consent
- Create multiple accounts for the purpose of manipulating engagement metrics
- Engage in any activity that could damage, overburden, or impair the Platform
6.3 AI-Generated Content Policy
Content published on Empirq must represent genuine intellectual contribution. You must disclose the use of AI-generated content in any article where AI tools were used to generate a substantial portion of the text, code, or analysis. AI-assisted editing, grammar checking, and formatting do not require disclosure. Empirq reserves the right to label, restrict, or remove content that appears to be predominantly AI-generated without disclosure.
6.4 Plagiarism
Plagiarism is strictly prohibited. Content must be original or properly attributed. Empirq reserves the right to remove plagiarized content and suspend or terminate accounts of repeat offenders.
6.5 Enforcement
Empirq reserves the right, but has no obligation, to review, monitor, or remove User Content at our sole discretion. We may take any action we deem appropriate, including issuing warnings, removing content, suspending or terminating accounts, and reporting violations to law enforcement.
7. Writer Terms
7.1 Eligibility
To publish content on Empirq, you must have a registered account in good standing. Additional verification may be required to access monetization features.
7.2 Publication Rights
Writers may publish articles, tutorials, analyses, and other technical content on the Platform. Writers control the visibility of their content (public or subscriber-only) and may edit or remove their content at any time.
7.3 Monetization
Writers who wish to monetize their content must connect a Stripe account through Stripe Connect (Express mode). By connecting a Stripe account, you agree to Stripe's Connected Account Agreement and Terms of Service. Stripe handles payment processing and payouts, and Empirq administers certain billing, refunds, and related payment support as described in these Terms and the Writer Agreement. Empirq is not responsible for Stripe's services, terms, or policies.
7.4 Revenue Share
Empirq provides platform, billing, and payment administration services for subscriptions between subscribers and writers. Subscription pricing is set by writers, subject to Platform minimums and maximums, and payments and payouts are processed through Stripe and subject to Stripe's applicable terms. Empirq is not responsible for the content, performance, or obligations of any user on the Platform and does not guarantee the performance or delivery of content by any writer, except to the extent expressly stated in these Terms, the Writer Agreement, or the Subscription and Refund Policy.
7.5 Tax Obligations
Writers are solely responsible for reporting and paying any taxes arising from income earned through the Platform. Empirq may be required to collect tax information (e.g., W-9 or W-8 forms) and report payments to tax authorities as required by law.
8. Subscriptions and Payments
Empirq provides the Platform and administers certain billing and payment-related functions for subscriptions between subscribers and writers. Subscription pricing is set by writers, subject to Platform minimums and maximums, and payments are processed through Stripe and subject to Stripe's applicable terms. Empirq is not responsible for the content, performance, or obligations of any user on the Platform and does not guarantee the performance or delivery of content by any writer, except to the extent expressly stated in these Terms, the Writer Agreement, or the Subscription and Refund Policy.
8.1 Paid Subscriptions
Readers may purchase subscriptions to access premium content from specific writers. Subscription pricing is set by individual writers, subject to Platform minimums and maximums.
8.2 Billing
Subscriptions are billed on a recurring basis (monthly or annually, as selected at the time of purchase). All payments are processed through Stripe. By providing payment information, you authorize Empirq and Stripe to charge your payment method for all subscription fees, renewals, and any applicable taxes or other charges incurred in connection with your use of paid features.
8.3 Auto-Renewal
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel auto-renewal at any time through your account settings, and cancellation will take effect at the end of the current billing period.
8.4 Refunds
Refund requests may be submitted within 14 days of a charge. Refunds are not guaranteed and are reviewed in accordance with the Subscription and Refund Policy, which is incorporated into these Terms by reference. To request a refund, contact [email protected].
8.5 Price Changes
Writers may change subscription prices. Existing subscribers will be notified of any material price increase at least 30 days before the new price takes effect. Existing subscribers will continue at their current rate until the next renewal period following the notice.
8.6 Chargebacks and Disputes
If you initiate a chargeback or dispute with your bank or payment provider, Empirq reserves the right to suspend your account pending resolution of the dispute and to provide relevant transaction records to Stripe or the applicable payment provider. Repeated or fraudulent chargebacks may result in account termination or other appropriate action.
9. Intellectual Property
9.1 Platform IP
The Platform, including its design, features, functionality, code, trademarks, logos, and documentation, is owned by Empirq and is protected by intellectual property laws. These Terms do not grant you any rights to Empirq's intellectual property except the limited right to use the Platform in accordance with these Terms.
9.2 Trademarks
"Empirq," the Empirq logo, and other Empirq marks are trademarks of Empirq. You may not use these marks without our prior written consent, except as reasonably necessary to refer to Empirq or the Platform.
9.3 Feedback
If you provide suggestions, ideas, or feedback about the Platform ("Feedback"), you grant Empirq a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without restriction or obligation to you.
10. Copyright and DMCA
10.1 Respect for Copyright
Empirq respects the intellectual property rights of others and expects Users to do the same. We respond to notices of alleged copyright infringement in accordance with applicable law and maintain a process for submitting copyright complaints as described in this Section.
10.2 DMCA Takedown Procedure
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please send a notification to the copyright contact identified below with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing, including the URL or other specific location on the Platform
- Your contact information, including name, address, telephone number, and email address
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner
DMCA Designated Agent / Copyright Contact:
Empirq LLC
Attn: DMCA Designated Agent / Copyright Contact
Email: [email protected]
8401 Mayland Dr, Suite A, Richmond, VA, 23294, USA
10.3 Counter-Notification
If you believe your content was removed by mistake or misidentification, you may submit a counter-notification containing:
- Your physical or electronic signature
- Identification of the material that has been removed and its prior location
- A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
- Your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court in your district and will accept service of process from the complaining party
10.4 Repeat Infringers
Empirq will, in appropriate circumstances, terminate the accounts of Users who are repeat infringers of copyright.
11. Third-Party Services
11.1 Integrations
The Platform integrates with third-party services, including but not limited to: Stripe (payment processing), Google and GitHub (authentication), Resend (email delivery), and Cloudflare (content delivery and storage). Your use of these services is governed by their respective terms of service and privacy policies.
11.2 Links
The Platform may contain links to third-party websites or resources. Empirq is not responsible for the content, products, or services offered by third parties.
11.3 No Endorsement
Reference to any third-party service, product, or resource does not constitute an endorsement by Empirq.
12. Termination
12.1 Termination by You
You may terminate your account at any time by deleting your account through settings or by contacting [email protected].
12.2 Termination by Empirq
Empirq may suspend or terminate your account for cause, including but not limited to violations of these Terms, the Acceptable Use Policy, applicable law, fraud, security incidents, harmful conduct, or misuse of the Platform. Where practicable, and except where immediate action is necessary to prevent harm, address security or fraud risks, comply with legal obligations, or protect the Platform, Users, or third parties, we will provide reasonable notice and, where appropriate, an opportunity to cure before termination.
12.3 Effect of Termination
Upon termination:
- Your right to access and use the Platform will immediately cease
- Active subscriptions you hold as a subscriber will be canceled or set not to renew, as applicable, and any refund request will be handled in accordance with the Subscription and Refund Policy
- Active subscriptions to your content (if you are a writer) will be handled in accordance with the Writer Agreement
- We will make commercially reasonable efforts to provide you an opportunity to export your User Content prior to deletion, where feasible
- We may retain certain data as necessary to comply with legal obligations, resolve disputes, and enforce our agreements
12.4 Survival
The following sections survive termination: Sections 5.2 (Ownership), 5.3 (License Grant to Empirq), 9 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), and 16 (Dispute Resolution).
13. Disclaimers
THE PLATFORM IS 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, TITLE, AND NON-INFRINGEMENT.
EMPIRQ DOES NOT WARRANT THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.
EMPIRQ DOES NOT ENDORSE, VERIFY, OR GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY USER CONTENT PUBLISHED ON THE PLATFORM. YOU RELY ON USER CONTENT AT YOUR OWN RISK.
13.1 AI-Generated Content Disclaimer
The Platform may include content that is generated or assisted by artificial intelligence systems. Such content may contain errors, omissions, or inaccuracies.
Empirq does not guarantee the accuracy, completeness, or reliability of any content on the Platform, including AI-generated content. You acknowledge that any reliance on such content is at your own risk.
13.2 No Professional Advice
Content available on the Platform is provided for informational and educational purposes only and does not constitute legal, financial, medical, or other professional advice.
You should not rely on any content on the Platform as a substitute for professional advice. Always seek the advice of a qualified professional regarding your specific situation.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMPIRQ, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF EMPIRQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL EMPIRQ'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO EMPIRQ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Indemnification
You agree to indemnify, defend, and hold harmless Empirq and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.
16. Dispute Resolution
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.
16.2 Informal Resolution
Before filing a formal legal claim, you and Empirq agree to try to resolve the dispute informally by contacting the other party and, for claims against Empirq, by emailing [email protected]. The parties will attempt to resolve the dispute informally within 60 days after notice is received.
16.3 Arbitration
If the dispute is not resolved informally, you and Empirq agree to resolve any remaining dispute through binding arbitration administered by the American Arbitration Association (AAA). If your claim is brought in your capacity as a consumer, the arbitration will be administered under the AAA Consumer Arbitration Rules. If your claim relates primarily to your activities as a writer, business, or commercial user of the Platform, the arbitration will be administered under the AAA Commercial Arbitration Rules. The arbitration will be conducted in Loudoun County, Virginia, United States, unless the applicable AAA rules or applicable law require another location or permit remote proceedings. The arbitrator's decision will be final and binding. Either party may bring an individual action in small claims court in lieu of arbitration, so long as the matter remains in that forum.
16.4 Class Action Waiver
YOU AND EMPIRQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
16.5 Exceptions
Nothing in this section prevents either party from seeking injunctive, equitable, or other provisional relief in court for matters related to intellectual property rights, confidentiality or data-security breaches, unauthorized access to the Platform, fraud, or other circumstances where such relief is reasonably necessary to prevent imminent harm. In addition, Empirq may pursue collection of amounts owed to it in any court of competent jurisdiction.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy, Writer Agreement, Subscription and Refund Policy, and any other policies referenced herein, constitute the entire agreement between you and Empirq regarding the Platform.
17.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
17.3 Waiver
The failure of Empirq to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
17.4 Assignment
You may not assign or transfer these Terms without Empirq's prior written consent. Empirq may assign these Terms without restriction.
17.5 Force Majeure
Empirq shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet or power failures, or other force majeure events.
17.6 Notices
We may provide notices to you via email, through the Platform, or by posting to the Platform. Where these Terms require advance notice of a change, such notice obligation applies to material legal or financial changes unless otherwise required by applicable law. You may contact Empirq LLC at:
8401 Mayland Dr, Suite A, Richmond, VA, 23294, USA
Email: [email protected]
Support: [email protected]
18. Contact Us
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Support: [email protected]