1. Agreement to Terms
These Terms of Service govern your access to and use of EmberCloud, including the website, dashboard, and API endpoints (collectively, the Service). By accessing or using the Service, you agree to these Terms and to our Privacy Policy.
2. Eligibility and Authority
You may use the Service only if you can form a binding contract and comply with applicable law. If you use the Service on behalf of a company or other organization, you represent that you are authorized to bind that organization, and these Terms apply to both you and that organization.
3. Accounts and Organization Use
You must provide accurate account information, keep it current, and safeguard credentials. You are responsible for all activity under your account, including actions taken by your team members. We may treat users with a company email domain or company-managed billing as organization users.
4. API Keys and Security
API keys are confidential credentials. You must not expose keys in client-side code, public repositories, or other insecure channels. You are responsible for all requests made with your keys and must rotate or revoke keys promptly if compromise is suspected.
5. License to Use the Service
Subject to these Terms, EmberCloud grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal lawful purposes.
6. Acceptable Use and Restrictions
You must not use the Service to:
- Violate applicable laws or third-party rights.
- Interfere with platform reliability, security, or availability, including abuse of rate limits or protective controls.
- Probe, scan, reverse engineer, or attempt unauthorized access to our systems, software, or infrastructure.
- Transmit malware, harmful code, spam, deceptive content, or fraudulent activity.
- Use the Service in ways that create material security, legal, or financial risk to EmberCloud, our customers, or the public.
7. Input, Output, and AI Limitations
As between you and EmberCloud, you retain rights to your prompts and other data you submit to the Service (Input). Subject to applicable law and these Terms, you may use generated responses (Output).
You grant EmberCloud a limited license to host, process, transmit, and use Input and Output as needed to operate, secure, and improve the Service.
AI output may be incorrect, incomplete, or unsuitable for your use case. You are responsible for evaluating output before relying on it for high-impact decisions.
8. Intellectual Property
EmberCloud and its licensors retain all right, title, and interest in and to the Service, including software, branding, and underlying technology. Except for the limited license in Section 5, no rights are granted to you by implication, estoppel, or otherwise.
9. Billing, Credits, and Taxes
EmberCloud uses prepaid wallet credits and usage-based pricing. Charges are calculated based on measured usage and then-current pricing. We may update pricing prospectively by posting updated rates.
By adding funds, you authorize us and our payment processor to charge your selected payment method. You are responsible for applicable taxes, duties, and governmental fees. Except where required by law, payments and added credits are non-refundable.
If a payment is reversed, disputed, or charged back, we may suspend account access and recover related losses and processing fees where permitted by law.
10. Third-Party Services
The Service relies on third-party infrastructure and support providers such as authentication, payment, hosting, and database services. Their products are governed by their own terms and privacy policies.
11. Suspension and Termination
You may stop using the Service at any time. We may suspend or terminate access immediately if we reasonably believe your use violates these Terms, creates security risk, or creates legal or financial exposure. Sections that by their nature should survive termination will survive.
12. Indemnification
You will defend, indemnify, and hold harmless EmberCloud and its affiliates, officers, directors, employees, and agents from claims, losses, liabilities, and expenses (including reasonable attorneys fees) arising out of or related to your use of the Service, your Input or Output, your violation of these Terms, or your violation of law or third-party rights.
13. Disclaimers
THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBERCLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBERCLOUD WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBERCLOUD TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD 100) OR THE AMOUNT YOU PAID EMBERCLOUD IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules. Except where prohibited by law, 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 Delaware, and each party consents to personal jurisdiction and venue there.
16. Export and Sanctions Compliance
You agree to comply with applicable export control and sanctions laws. You represent that you are not located in, organized in, or ordinarily resident in a restricted jurisdiction, and are not on any government denied-party list that would prohibit access to the Service.
17. General Terms
These Terms are the entire agreement between you and EmberCloud regarding the Service and supersede prior agreements on this subject. If any provision is unenforceable, the remaining provisions remain in effect. EmberCloud may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. No waiver is effective unless in writing.
18. Changes to These Terms
We may update these Terms from time to time. If changes are material, we will post the updated Terms and revise the last updated date above. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
19. Contact
Questions about these Terms may be sent to support@embercloud.ai.