Terms

These Terms of Service (“Terms”) are a binding agreement between you and Ember Studios, Inc. (“Ember,” “we,” “us,” “our”). They govern your access to and use of our websites, apps, and related services (collectively, the “Service”).

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1) Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you represent that a parent or guardian has reviewed and agreed to these Terms on your behalf.

2) Accounts and Security

You may need an account to use some features. You agree to:

provide accurate information,
keep your credentials secure, and
notify us promptly of any unauthorized access.

You are responsible for activity under your account.

3) Privacy

Our Privacy Policy explains how we collect and use personal information. By using the Service, you agree to our Privacy Policy.

4) Your Content, Recordings, and Permissions

4.1 Definitions

“User Content” means anything you submit or make available through the Service, including audio, voice recordings, transcripts, text, photos, names, and other materials.
“Outputs” means content generated or produced through the Service, which may include transcripts, summaries, “memory cards,” tags, suggested titles, or similar results.

4.2 You own your User Content

As between you and Ember, you own your User Content.

4.3 You own Outputs

As between you and Ember, you own Outputs to the extent permitted by applicable law, and Ember assigns to you any right, title, and interest it may have in and to Outputs.

You represent and warrant that you have all rights, licenses, and permissions needed to submit your User Content and to use the Service, including permissions from any individuals whose voice, likeness, or personal information appears in your User Content, as required by applicable law.

Do not use Ember to record, upload, or share conversations or content you do not have permission to record, upload, or share. Consent and recording laws vary by location, and you are responsible for complying with the laws that apply to you and your content.

4.5 Limited license you grant Ember

To provide the Service, you grant Ember a limited, worldwide, non-exclusive, royalty-free, and sublicensable license to host, store, back up, reproduce, process, and display your User Content only as necessary to:

provide, maintain, and secure the Service,
generate Outputs you request, such as transcripts and summaries,
troubleshoot, prevent abuse, and enforce these Terms, and
comply with legal obligations.

This license continues until you delete the applicable User Content from the Service, except that:

residual copies may persist for a limited period in backups or logs, and
content you shared with others may remain accessible to those recipients.

4.6 No training on your content unless you separately opt in

Ember does not use your User Content to train or improve machine learning models by default. If we ever offer an option to allow training on your content, it will require separate, affirmative consent, an opt-in, that is distinct from accepting these Terms.

For clarity, “improving the Service” may include bug fixes, quality improvements, and safety and security measures, but does not include training machine learning models on your content unless you separately opt in.

4.7 Similarity of Outputs

Because automated systems can generate similar results, Outputs may not be unique, and other users may receive similar Outputs.

5) AI, Transcription, and Accuracy Disclaimers

The Service may generate transcripts, summaries, and other Outputs using automated systems. You understand and agree that:

Outputs, including transcripts, may be inaccurate, incomplete, misleading, or contain errors.
You should review Outputs before relying on them or sharing them.
The Service is not a substitute for professional advice, including medical, legal, or financial advice.
Outputs may sometimes be unexpected or offensive; they do not necessarily reflect Ember’s views.

You are responsible for how you use, interpret, and share Outputs.

6) Safety Note

Ember is not a medical device and does not provide medical, mental health, or therapy services. If you are experiencing an emergency or feel you may be at risk of harming yourself or others, call local emergency services immediately. In the United States, you can call or text 988 for the Suicide & Crisis Lifeline.

The Service may let you invite others, collaborate, or share content.

Sharing is your choice and your responsibility. If you share User Content, recipients may be able to retain copies.
You agree not to share content that violates others’ rights or applicable law.
If you invite someone, you represent you have permission to contact them for that purpose.

8) SMS / Phone Messaging

8.1 Transactional messages

If you provide a phone number, your own or someone else’s, to the Service, you represent you have permission to provide that number for the relevant purpose, such as invite or verification.

By using SMS-related features, you acknowledge we may send transactional messages such as invites, verification codes, security alerts, and other account-related notices. Message frequency may vary, and message and data rates may apply. Delivery is not guaranteed and may be delayed or fail due to carrier or network issues.

8.2 Marketing messages

If Ember offers marketing texts, we will send them only if you opt in. Your consent to receive marketing texts is not a condition of any purchase.

You can opt out of marketing texts at any time by replying STOP to the message, where supported, or by contacting us at team@ember.build. You may receive a final confirmation message after opting out.

9) Third-Party Services and Dependencies

The Service may rely on third-party services and infrastructure, for example communications providers, hosting, analytics, or AI processing. These third parties may experience outages, delays, policy changes, or other disruptions that can affect the availability or functionality of the Service. Ember is not responsible for third-party services and does not guarantee that third-party services will operate without interruption.

10) Acceptable Use

You agree not to:

violate any law or infringe others’ rights, including privacy and publicity rights,
upload or share content you do not have permission to use,
harass, threaten, defame, or invade others’ privacy,
attempt to gain unauthorized access to the Service or systems,
introduce malware or disrupt the Service,
scrape or programmatically extract data from the Service, except as permitted by us in writing,
reverse engineer or attempt to derive source code or underlying models, except where prohibited by law, or
use the Service to build or improve competing products in a way that misuses the Service, such as automated harvesting or systematic extraction.

We may suspend or terminate accounts that violate these Terms.

11) Intellectual Property

The Service, including software, design, logos, and branding, is owned by Ember and its licensors (“Ember IP”) and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, Ember reserves all rights in Ember IP.

Subject to these Terms, Ember grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, unless we explicitly allow otherwise.

12) Paid Features

If we offer paid plans or features, we will disclose pricing, billing cadence, renewal terms, and any additional terms at purchase. Subscriptions, if offered, may renew automatically unless canceled before renewal.

13) Termination

You may stop using the Service at any time. We may suspend or terminate your access if we reasonably believe:

you violated these Terms,
your use poses a security, legal, or safety risk, or
we are required to do so by law.

Upon termination, your right to use the Service ends. Sections that by their nature should survive will survive, including intellectual property, disclaimers, limitation of liability, and indemnity.

14) Discontinuation of the Service

We may update, suspend, or discontinue parts of the Service at any time. If we discontinue the Service entirely, we will make reasonable efforts to provide advance notice, for example by email or on our website, but we have no obligation to continue providing storage or access after discontinuation.

15) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

EMBER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
EMBER’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID EMBER, IF ANY, IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

17) Indemnification

You agree to indemnify and hold harmless Ember and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:

your User Content,
your use of the Service,
your violation of these Terms, or
your violation of any law or third-party rights, including privacy and publicity rights and recording consent laws.

18) Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules.

Except where prohibited by applicable law, you and Ember agree that any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you both consent to personal jurisdiction and venue there.

19) Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, for example by posting within the Service or on our website. Your continued use of the Service after the effective date of the updated Terms means you accept the changes.

20) Miscellaneous

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Ember regarding the Service.
Severability. If any provision is unenforceable, the remaining provisions will remain in effect.
Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
No waiver. Failure to enforce a provision is not a waiver.

21) Contact

Questions about these Terms? Contact us at support@ember.build.