Terms of Service

1. Eligibility and Accounts

You must be at least 13 years old to use Ember. If you are under the age of majority where you live, your parent or legal guardian must review and agree to these Terms on your behalf.

You are responsible for keeping your account credentials and device access secure and for all activity under your account.

2. Acceptable Use

You agree not to misuse Ember. You must not:

• use Ember for unlawful, fraudulent, or harmful activities;
• attempt to probe, bypass, or interfere with service security, rate limits, or authentication;
• reverse engineer, decompile, or otherwise attempt to extract source code except where prohibited by law;
• use automated means to scrape or overload Ember infrastructure;
• infringe any third-party rights, including intellectual property and privacy rights.

3. Your Content and Rights

You retain ownership of the writing, projects, documents, prompts, and other content you create in Ember ("User Content"). Ember does not claim ownership of your User Content.

You grant Ember a limited, non-exclusive license to host, process, encrypt, transmit, and display User Content only as needed to provide, secure, and improve Ember features for you.

4. Ignite and Proofreading Features

Ignite and proofreading outputs are assistive. They may be incomplete, inaccurate, or unsuitable for your specific goals. You remain solely responsible for reviewing, editing, and deciding whether to use any output.

When you use Ignite or proofreading features, certain text is processed through Ember's backend and third-party providers, as described in the Privacy Policy.

5. Third-Party Services

Ember depends on third-party services including Supabase (authentication and sync infrastructure), OpenRouter (Ignite AI proxy target), LanguageTool (proofreading), and app-store payment channels for subscriptions.

Your use of those third-party services may also be subject to their own terms and policies. Ember is not responsible for third-party services we do not control.

6. Subscriptions, Billing, and Refunds

Paid plans are managed in-app through applicable app-store or in-app subscription channels. We do not directly process your payment card details.

Subscription renewals, cancellations, billing disputes, and refunds are handled under the rules of your purchase channel. You are responsible for managing subscriptions through that channel.

7. Availability, Changes, and Suspension

We may update, modify, suspend, or discontinue features at any time, including beta or preview features. We may also suspend or terminate access if we reasonably believe you violated these Terms or used Ember in a way that risks harm to users, Ember, or third parties.

8. Ember Intellectual Property

The Ember service, software, branding, and related materials (excluding your User Content) are owned by Mohammad Hassani and protected by applicable intellectual property laws.

9. Disclaimer of Warranties

To the maximum extent allowed by law, Ember is provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

10. Limitation of Liability

To the maximum extent permitted by law, Ember will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, data, or goodwill, arising out of or related to your use of Ember.

To the maximum extent permitted by law, Ember's total liability for all claims relating to Ember is limited to the greater of (a) amounts you paid Ember for the service in the 12 months before the event giving rise to the claim or (b) USD $100.

11. Indemnification

You agree to defend, indemnify, and hold harmless Mohammad Hassani d/b/a Ember from and against claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of Ember, your User Content, or your violation of these Terms.

12. Dispute Resolution, Arbitration, and Class Waiver

Before filing a claim, you and Ember agree to try to resolve any dispute informally by contacting the other party with a written notice describing the issue and requested relief.

If a dispute is not resolved informally, it will be resolved by binding individual arbitration, not in court, except for claims that qualify for small claims court.

You and Ember waive any right to a jury trial and any right to participate in a class, consolidated, or representative action.

You may opt out of arbitration within 30 days after first accepting these Terms by emailing support@accend.dev with the subject line "Arbitration Opt-Out" and your account email.

13. Governing Law and Venue

These Terms are governed by the laws of the State of California, excluding conflict-of-law rules. If arbitration is unavailable or unenforceable for a claim, that claim must be brought exclusively in the state or federal courts located in Santa Clara County, California, and both parties consent to that venue.

14. Changes to These Terms

We may update these Terms from time to time. The updated Terms become effective when posted with a new effective date. Continued use of Ember after an update means you accept the revised Terms.

15. Contact

For legal notices or Terms questions, contact: support@accend.dev