Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Ember AI (“Ember,” “we,” “us,” or “our”) governing your access to and use of the Ember website, application, and services (the “Service”). Please read them carefully. Your use of the Service is also subject to our Privacy Policy.

1. Acceptance of these terms

By accessing or using the Service, creating an account, or clicking to accept these Terms, you agree to be bound by them. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to that organization. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is a business tool intended for professional use.

3. The Service

Ember is an outreach automation agent for relationship-driven sales. With your authorization, Ember connects to your email inbox and CRM, reads relationship context, drafts emails in your voice, and queues them for your review. Ember sends email only from your connected inbox and only after you approve it. We may add, change, or discontinue features at any time.

4. Accounts

You are responsible for the information you provide, for activity under your account, and for keeping your credentials confidential. Notify us promptly of any unauthorized use. You may not share, sell, or transfer your account, and you may not create an account using another person’s identity.

5. Connected accounts and authorization

To use the Service you connect third-party accounts — such as Google (Gmail), Microsoft (Outlook), and your CRM — through their standard OAuth authorization flows. By connecting an account, you authorize Ember to access that account and to draft, queue, and (after your approval) send email on your behalf using your own credentials. You represent that you have the right to connect each account and to authorize this access. You may disconnect any integration at any time from your settings, which revokes Ember’s ongoing access to that account.

6. Subscriptions, credits, and billing

Subscriptions. Paid plans are billed in advance on a recurring basis (e.g. monthly) through our payment processor, Stripe, and renew automatically until cancelled. By subscribing, you authorize us to charge your payment method for each renewal at the then-current price.

Credits. Certain usage is metered in credits. Plans may include a recurring credit allotment, and additional credit packs may be available as one-time purchases. Credits are consumed as you use metered features, are non-transferable, have no cash value, and unless stated otherwise at purchase are non-refundable. Complimentary credits may be modified, withheld, or revoked for duplicate or abusive signups.

Cancellation. You may cancel at any time from your account settings or the billing portal. Cancellation stops future renewals; your paid access continues through the end of the current billing period.

Refunds and price changes. Except where required by law, fees are non-refundable, including for partial periods and unused credits. We may change prices on a prospective basis; changes apply to your next renewal after notice.

Taxes. Fees are exclusive of taxes, which you are responsible for where applicable.

7. Acceptable use and your compliance

You agree not to use the Service to:

• send unlawful, deceptive, harassing, or abusive messages, or unsolicited bulk or “spam” email;
• send email to any person without a lawful basis to contact them, or after they have opted out or requested no further contact;
• impersonate any person or entity, or misrepresent your identity, affiliation, or the origin of a message;
• reverse engineer, interfere with, overload, circumvent access controls of, or attempt to gain unauthorized access to the Service or its systems;
• use the Service to build or train a competing product or model; or
• use the Service for any unlawful purpose.

Email and anti-spam compliance. You are solely responsible for the recipients you target and the messages you approve and send, and for complying with all applicable laws governing electronic communications and privacy — including the U.S. CAN-SPAM Act, Canada’s CASL, the TCPA, the GDPR, the UK GDPR, the ePrivacy Directive, and the CCPA/CPRA. You will include any legally required sender identification and opt-out mechanisms, and you will promptly honor opt-out, unsubscribe, and deletion requests. Ember provides tools to assist you, but you — not Ember — are the sender of every message and the party responsible for its lawfulness.

8. AI-generated content

Ember uses artificial intelligence, including third-party large language models, to generate draft emails, summaries, and recommendations. AI output is probabilistic and may be inaccurate, incomplete, or inappropriate for a given context. Every draft is a suggestion that you must review; nothing is sent until you approve it. You are responsible for reviewing AI output before approving it and for the content of every message you send. We make no warranty that AI output is accurate, complete, or fit for any particular purpose.

9. Your content and data

As between you and Ember, you retain all rights to the data you provide and the content Ember processes on your behalf, including your email content, contacts, and CRM data (“Your Content”). You grant us a limited license to host, process, and transmit Your Content solely to provide and improve the Service and as described in our Privacy Policy. Where Ember processes personal data on your behalf, our Data Processing Addendum applies.

10. Intellectual property

The Service, including its software, models, design, and original content, is owned by Ember and protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. We retain all rights not expressly granted, and these Terms do not grant you any rights to our trademarks or branding.

11. Third-party services

The Service relies on third-party providers (including Google, Microsoft, Supabase, Stripe, Anthropic, OpenAI, Google Cloud, Cohere, Composio, Attio, Railway, Sentry, and Cloudflare) and may interoperate with services you connect. We are not responsible for third-party services, and your use of them may be subject to their own terms.

12. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that AI output or any data will be accurate or complete.

13. Limitation of liability

To the maximum extent permitted by law, Ember and its suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising from or related to your use of the Service. Our total aggregate liability for any claim relating to the Service will not exceed the greater of the amounts you paid us in the twelve months before the event giving rise to the claim, or USD $100.

14. Indemnification

You agree to defend, indemnify, and hold harmless Ember and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, the messages you send through the Service, or your use of contact or other data in violation of applicable law.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in the State of Delaware will have exclusive jurisdiction over any dispute that is not subject to arbitration or small-claims resolution, and you consent to personal jurisdiction there. Disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

16. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Service or other users. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.

17. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the “Effective” date above and, for material changes, take additional steps as appropriate. Your continued use of the Service after an update means you accept the revised Terms.

18. Contact

Questions about these Terms? Email hello@withember.ai.