Terms of Service

emberfog is based in Wageningen, Netherlands and specializes in the production and sale of premium smart fogging and misting systems for agriculture and horticulture, including components such as high-pressure nozzle lines, pump and filtration skids, sensors, controllers, and related installation and commissioning services. The Site provides information about emberfog products and services and allows you to contact us for inquiries and quote requests.

Any information on the Site about performance, coverage, or operational outcomes is provided for general guidance only. Actual results depend on factors such as building geometry, ventilation, crop requirements, external climate, water quality, and how the system is operated. Where a project requires technical validation, emberfog will define a scope, assumptions, and acceptance criteria in a separate written offer, proposal, or contract.

The Site does not provide agronomic, legal, or regulatory advice. If you plan to use misting systems for the application of crop inputs (including foliar feeding or crop protection products), you are responsible for ensuring compliance with applicable labels, safety instructions, and EU and local requirements. emberfog may provide technical documentation about the system but does not replace qualified professional advice for your specific situation.

You agree to use the Site lawfully and in a way that does not infringe the rights of others or restrict their use of the Site. When you submit an inquiry or request, you agree to provide accurate and current information that is reasonably necessary for emberfog to respond. You must not impersonate another person or misrepresent your affiliation with an organization.

You are responsible for your own devices, network connection, and security settings. If you choose to send attachments or technical information via email after contacting us through the Site, you are responsible for confirming that you have the right to share those materials and that they do not contain malware.

The Site may be updated over time. You agree not to interfere with the normal operation of the Site or attempt to bypass security or access controls. Unless we explicitly provide an account feature, you must not attempt to create user accounts or access restricted areas through unauthorized means.

The Site and all content, including text, specifications, designs, graphics, logos, icons, images, page layouts, and underlying code, are owned by emberfog or its licensors and are protected by intellectual property laws. “emberfog” and related branding elements are trademarks or trade dress of emberfog.

Subject to your compliance with these Terms, emberfog grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal business evaluation purposes. You may download or print pages for internal reference only. You must not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any part of the Site without prior written permission.

If you provide feedback, suggestions, or ideas to emberfog about products, services, or the Site, you agree that emberfog may use that feedback without restriction and without compensation, unless prohibited by applicable law.

You agree not to, and not to assist others to:

• Use the Site for unlawful purposes or to violate any applicable law, regulation, or third-party rights.
• Scrape, crawl, or harvest data from the Site using automated tools, including bots or scripts, without written permission.
• Attempt to reverse engineer, decompile, or otherwise derive source code or underlying ideas of any part of the Site.
• Upload or transmit malware, viruses, or any code designed to interrupt, destroy, or limit system functionality.
• Attempt to gain unauthorized access to the Site, servers, or any connected systems, including through password mining or exploitation.
• Send spam, unsolicited commercial messages, or bulk communications through forms or contact channels.
• Impersonate emberfog personnel or misrepresent communications as officially issued by emberfog.
• Use the Site in a way that could damage, disable, overload, or impair the Site, including denial-of-service attempts.

emberfog may investigate suspected violations and may cooperate with law enforcement where legally required.

The Site and all information, content, and materials are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, emberfog disclaims all warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

emberfog does not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components. While we aim to provide accurate and up-to-date information, we do not warrant that any content is complete, reliable, or suitable for your specific project decisions without additional engineering review.

Any decisions you make based on the Site content are your responsibility. For project execution, only a signed written agreement, including scope and acceptance criteria, creates binding obligations.

To the maximum extent permitted by applicable law, emberfog will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, business interruption, or reputational harm, arising out of or related to your use of, or inability to use, the Site.

To the maximum extent permitted by applicable law, emberfog’s total liability for any claim arising out of or related to the Site or these Terms will not exceed the amount paid by you to emberfog in the twelve (12) months preceding the event giving rise to the claim, or one hundred euros (€100), whichever is lower. If you have not made any payments to emberfog in that period, emberfog’s maximum direct liability will be capped at €100.

Some jurisdictions do not allow certain limitations of liability. In such cases, the above limitations apply to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless emberfog, its directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Site, (b) your violation of these Terms, or (c) your violation of any law or third-party rights.

emberfog may assume control of the defense of any matter subject to indemnification, and you agree to cooperate with that defense.

The Site may reference or link to third-party resources. Such links are provided for convenience only and do not constitute endorsement. emberfog has no control over third-party websites and is not responsible for their content, security practices, or policies.

If you access third-party sites, you do so at your own risk and subject to those sites’ terms and privacy practices.

emberfog processes personal data submitted through the Site, such as contact details and inquiry information, in accordance with our Privacy page. The Privacy page is incorporated by reference into these Terms.

You understand that communications via the internet may not be completely secure. Please avoid sending sensitive information through web forms. For technical project discussions, we recommend sharing only what is necessary for initial scoping and using secure channels when appropriate.

These Terms and any dispute arising out of or relating to these Terms or the Site are governed by the laws of the Netherlands, without regard to conflict of law principles.

Subject to the dispute resolution clause below, the courts of Gelderland, location Arnhem (Rechtbank Gelderland, zittingsplaats Arnhem), will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Site, unless mandatory law provides otherwise.

Before filing a formal claim, you agree to contact emberfog and attempt to resolve the dispute informally for at least thirty (30) days. You can start this process by sending a written notice that describes the issue and the relief sought to the address or email listed in the contact section below.

If the dispute is not resolved within the informal period, either party may pursue legal action in accordance with the governing law and jurisdiction clause. Nothing in this section prevents either party from seeking urgent injunctive relief where appropriate.

emberfog may suspend or terminate your access to the Site at any time, with or without notice, if we reasonably believe you have violated these Terms, attempted to compromise Site security, or used the Site unlawfully. You may stop using the Site at any time.

The following sections will survive termination: Intellectual property, Disclaimer of warranties, Limitation of liability, Indemnification, Governing law and jurisdiction, Dispute resolution, and any other provisions that by their nature should survive.

emberfog may update these Terms from time to time to reflect changes in the Site, legal requirements, or our business practices. Changes will be effective fourteen (14) days after we post the updated Terms on this page, unless a shorter period is required by law.

Your continued use of the Site after the effective date of updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Site.

For questions about these Terms or for legal notices, contact: