1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of Ember (the "Service"), available at useember.io, together with any related tools, dashboards, subdomains, and features we provide. By creating an account, subscribing, or otherwise using the Service, you agree to be bound by these Terms.
Ember is an AI-powered platform that helps users generate business concepts, build online storefronts, and access marketing guidance. If you do not agree with these Terms, you must not use the Service.
2. Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Service. By using Ember, you confirm that you meet this requirement and that any information you provide is accurate and current.
If you are using the Service on behalf of a business or other legal entity, you confirm that you have authority to bind that entity to these Terms.
3. Accounts and Security
To access certain features you must create an account. You are responsible for maintaining the confidentiality of your login details and for all activity that occurs under your account. You agree to notify us immediately of any unauthorised use.
We may suspend or terminate accounts that breach these Terms, that are used unlawfully, or that pose a risk to the Service or other users.
4. Subscriptions, Plans and Billing
Ember offers free and paid subscription plans. Paid plans (including Starter, Growth and Scale tiers) are billed in advance on a recurring monthly or annual basis depending on the plan you select. Prices are shown at the point of purchase and may be updated from time to time.
Each plan includes a defined number of live stores and features. Exceeding your plan's limits may require an upgrade. By subscribing, you authorise us and our payment processor to charge your chosen payment method on a recurring basis until you cancel.
You may cancel at any time via your account settings. Cancellation stops future renewals; it does not retroactively refund the current billing period except where required by law.
5. Refunds and Cancellation Rights
Where you are a consumer in the UK or EU, you may have a statutory right to cancel a purchase within 14 days. However, for digital services that begin immediately with your consent, this right may not apply once the service has been fully performed. We will make the nature of each purchase clear at checkout.
Beyond your statutory rights, refund requests are considered on a case-by-case basis. To request a refund or cancellation, contact us at hello@useember.io.
6. Payments, Stores and Marketplace Role
The Service allows you to create online stores and, where enabled, to accept payments from your own customers through third-party payment providers such as Stripe (including Stripe Connect).
Important: where you operate a store using Ember, you — not Ember — are the seller of record for the products or services you offer. You are solely responsible for the products you sell, their quality, fulfilment, delivery, descriptions, pricing, customer service, returns, and compliance with all applicable laws (including consumer, tax, and product safety laws). Ember acts only as a technology provider and does not manufacture, stock, ship, or guarantee any goods sold through stores built on the platform.
Payment processing is provided by third parties subject to their own terms. Ember is not responsible for the acts or omissions of any payment processor, and you agree to comply with the terms of any processor you use.
7. Acceptable Use
You agree not to use the Service to:
- break any law, regulation, or third-party right;
- sell counterfeit, illegal, unsafe, or prohibited goods or services;
- upload malicious code or attempt to disrupt or compromise the Service;
- infringe intellectual property or misuse another party's brand or content;
- engage in fraud, deception, or misleading advertising;
- scrape, resell, or reverse-engineer the Service without our written consent.
We may remove content or suspend accounts that breach this section.
8. AI-Generated Content
The Service uses artificial intelligence to generate business ideas, store content, marketing suggestions, and related outputs ("Generated Content"). Generated Content is provided for your convenience and as guidance only. It may contain inaccuracies, and it does not constitute business, financial, legal, or professional advice.
You are responsible for reviewing, editing, and verifying any Generated Content before relying on or publishing it. Market data, scores, and projections are estimates and are not guarantees of performance or income.
9. Intellectual Property
The Service, including its software, design, branding, and underlying technology, is owned by Ember and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms.
You retain ownership of the original content you upload (such as your product images and store text). By uploading content, you grant us a licence to host and display it as needed to provide the Service. You are responsible for ensuring you have the rights to any content you upload.
10. No Guarantee of Results
Ember provides tools and guidance to help you start and run an online business. We do not guarantee any particular level of sales, revenue, profit, or success. Outcomes depend on many factors outside our control, including your own effort, market conditions, and the products you choose to sell. Any examples, statistics, or case studies are illustrative and are not promises of results.
11. Third-Party Services
The Service may integrate with or link to third-party services (for example payment processors, advertising platforms, suppliers, and hosting providers). We do not control and are not responsible for third-party services, and your use of them is subject to their own terms and policies.
12. Limitation of Liability
Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including for death or personal injury caused by negligence, or for fraud. This section does not affect the statutory rights of consumers, which cannot be excluded or limited.
Subject to the above, and to the maximum extent permitted by law, Ember shall not be liable for any indirect, incidental, special, or consequential loss, loss of profits, loss of business, or loss of data arising from your use of the Service. Our total aggregate liability arising out of or in connection with the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.
The Service is provided on an "as is" and "as available" basis without warranties of any kind, except those that cannot be excluded by law.
13. Indemnity
You agree to indemnify and hold harmless Ember from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, the products or services you sell, your content, or your breach of these Terms — except to the extent such claims arise from our own breach or negligence.
14. Suspension and Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. On termination, your right to use the Service ends, though provisions that by their nature should survive (such as liability, indemnity, and intellectual property) will continue.
15. Changes to These Terms
We may update these Terms from time to time. Where changes are material, we will take reasonable steps to notify you, for example by email or through the Service. Your continued use after changes take effect constitutes acceptance of the updated Terms.
16. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales. The courts of England and Wales shall have jurisdiction over any dispute arising out of or in connection with these Terms, except that if you are a consumer resident in another part of the UK or in the EU, you may also be entitled to bring proceedings in your local courts, and mandatory consumer protections of your country of residence continue to apply.
17. Contact Us
If you have questions about these Terms, contact us at hello@useember.io.