Terms of Service

1. Agreement

These Terms govern your access to and use of Ember Social ("Ember", "we", "us"), a software service operated by Veil Hunts LLC, a New Jersey limited liability company. By creating an account, clicking to accept, or using Ember, you agree to these Terms, our Privacy Policy and, where it applies, our Data Processing Addendum. If you use Ember for an organization, you accept on its behalf and confirm you have authority to bind it; "you" then means that organization.

Ember is for business use. You must be at least 18 years old and able to form a binding contract. Ember is not directed to children and you may not create an account for anyone under 18.

2. Accounts and workspaces

You are responsible for your account credentials, for the people you invite to your workspace, and for everything done through your account. Workspace owners and admins control membership, connected accounts, budgets, and automation settings. Tell us promptly at security@embersocial.io if you suspect unauthorized access.

3. Your content and the license you give us

"Your Content" means the photos, videos, audio, text, logos, fonts, brand information, messages, and other material you or your team upload, connect, or send to Ember, including material from sources you connect (for example Google Drive, Discord, Telegram, websites you ask us to watch, and your social accounts). You keep all rights you have in Your Content.

You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, analyze, adapt, resize, crop, edit, combine, and display Your Content, and to publish and transmit it to the platforms and destinations you choose, solely to provide, secure, and improve Ember for you and as described in our Privacy Policy. This license ends when Your Content is deleted from Ember, except for copies already published at your direction, backups kept for a limited time, and records we must keep by law.

You confirm that you own or have all rights, licenses, consents, and releases needed for Your Content and for our use of it under these Terms, including permission from photographers and from people who appear in photos or videos (their likeness and, where required, parental consent for minors), permission from community members whose posts or photos you bring in from sources such as Discord, and licenses for any fonts, music, logos, or stock media you upload.

4. AI features and outputs

Ember uses artificial intelligence to plan, write, design, edit, and evaluate content ("Outputs"). AI can be wrong, incomplete, or unexpected: it may misread a photo, state a fact incorrectly, or produce text or images similar to those produced for others. You are responsible for reviewing every Output and for everything you approve, publish, or advertise.

As between you and us, you own the Outputs created for your workspace, and we assign to you any rights we have in them, excluding our templates, layouts, design systems, software, and other materials that are part of the service. We do not promise that Outputs are protectable by copyright or unique, or that they do not resemble other material; laws on the ownership of AI-generated material are still developing.

Ember may regenerate, replace, or archive generated drafts you have not approved, for example to keep your library current. Your uploaded originals and connected accounts are not deleted without your instruction.

You may not use Ember to create or publish fake or AI-generated customer reviews or testimonials, endorsements attributed to people who did not give them, content that impersonates a person or brand, deceptive health, financial, earnings, or product claims, or synthetic depictions of real people without their consent. Where a law or platform rule requires you to disclose AI-generated or altered content, you are responsible for that disclosure.

5. Publishing, automation, and approvals

You authorize Ember to act on your behalf on the social, messaging, storage, and advertising accounts you connect: reading what you permit, publishing content you approve, and performing the automations you turn on. By default nothing publishes without an approval. Optional automations, such as approving from a text message, evergreen reposting of past posts, automatic likes and short replies to comments, AI-managed content refreshes, brand-network broadcasts to member workspaces, and automatic budget shifts between live ad campaigns, act without a separate approval for each action once you enable them. You are responsible for the settings you choose and can turn automations off at any time.

Content published through Ember is published by you, under your accounts. We are not responsible for how a platform treats your content or accounts, including removals, reach, suspensions, or policy decisions.

6. Connected platforms and third-party services

Ember works with services we do not control, such as Meta (Facebook, Instagram, Threads), Google (Drive, YouTube), TikTok, X, LinkedIn, Pinterest, Bluesky, Discord, Telegram, Stripe, and AI providers. Your use of each is also governed by its own terms and policies, which you agree to follow. Platforms may change or withdraw their APIs, features, or approval of our app, which may limit what Ember can do. We are not responsible for third-party services, and we may disable an integration if continuing it would breach a platform's rules or put your accounts at risk.

7. Advertising services

Ads you run on Meta, TikTok, and other ad platforms run in your own ad accounts: the platform bills you directly for ad spend, and you are the advertiser for every ad. Ember helps you plan, create, stage, launch, measure, and rebalance those ads. Ember charges an ad management fee of 10% of tracked ad spend. Plans that include Ember ad credit (Pro includes US$100 each month) apply it first to Ember's management fees and billboard bookings; Ember ad credit cannot pay the ad platforms directly, does not roll over, and has no cash value. Campaigns are created paused and launch only when you approve them.

Digital billboards are booked through our billboard partner on your behalf. A billboard request produces a proposal; once you or your partner contact confirm a booking, the billboard cost and our fee are charged to your Ember balance or invoice and are non-cancelable except as the partner allows. Billboard content must also meet the partner's and each screen owner's content rules.

You are responsible for your ads, their claims and targeting, and their compliance with law and platform policies. You must tell us about, and follow the platforms' targeting limits for, ads about housing, employment, credit, insurance, or other financial products; Ember may restrict or decline them. Ember may not be used for political, electoral, or social-issue ads. Reach, cost, and audience figures shown in Ember, including typical prices and platform estimates, are estimates only; actual results and costs are set by the platforms and are not guaranteed.

8. Text messages and email

If you add a mobile number, you agree to receive recurring automated text messages from Ember about your workspace, such as posts ready for approval and replies to your commands, and you may send photos to your workspace by text. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help, or contact support@embersocial.io. Consent to texts is not a condition of purchase. Carriers are not liable for delayed or undelivered messages. We do not share mobile numbers or text-message consent with third parties or affiliates for their marketing.

We send service email such as security, billing, and workspace notifications. Marketing email, if any, includes an unsubscribe link.

9. Plans, billing, and credits

Paid plans are billed in advance through Stripe and renew automatically each billing period until canceled. Each plan includes the allowances shown at purchase (such as included AI usage, posts, storage, campaigns, and, on some plans, ad credit). Included allowances reset each period and do not roll over.

Usage beyond your allowances, such as additional AI generation, posts, storage, extra campaigns, and platform API charges, is charged from prepaid Ember credits or billed at the rates shown in Ember at the time of use. Our rates include our service fee on top of third-party costs. Budget and spending limits you set are respected where the service supports them; you are responsible for usage you authorize.

Ember credits are a prepaid right to use the service. They have no cash value, are not a deposit or stored money, are not transferable, and are non-refundable except where the law requires or we state otherwise (for example, an extra campaign that produces no posts is refunded in credits). Credits remain available while your account is open.

Fees exclude taxes, which you are responsible for. We may suspend paid features if a payment fails. We will give at least 30 days' notice of price increases for your plan, which take effect at your next renewal. Except as stated in these Terms or required by law, fees are non-refundable, including for partial periods.

10. Acceptable use

You may not use Ember to: break the law or infringe anyone's rights; publish spam, harassment, hate, threats, or sexual content involving minors; promote illegal products or services; mislead people, including fake reviews, fake engagement, impersonation, or undisclosed paid endorsements; collect personal data about people without a lawful basis; send unsolicited messages; or evade platform rules or rate limits.

You also may not: access Ember other than through our interfaces and published APIs; scrape or crawl Ember; reverse engineer, decompile, or attempt to extract our source code, prompts, models, templates, or scoring methods; test or probe our security without written permission; resell or white-label Ember without an agency agreement; or use Ember or its Outputs to build, train, or benchmark a competing product.

Political and advocacy users are solely responsible for the accuracy of election information, endorsements and statements about others in their content, and for including any disclaimers ('Paid for by' or similar) required by law. Ember does not offer paid political, electoral or social-issue advertising and does not generate synthetic images of real people.

11. Our intellectual property

Ember, including its software, AI prompts and pipelines, models and scoring systems, templates, layouts, design systems, documentation, and trademarks, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use Ember during your subscription under these Terms. All other rights are reserved. Ember Social, Ember, and our logos are our trademarks; you may not use them without permission.

If you send us feedback or suggestions, you allow us to use them without restriction or payment.

12. Copyright complaints

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send notices to our designated agent at copyright@embersocial.io, including: your signature; identification of the work and of the material you believe infringes, with enough detail to locate it; your contact information; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the owner. If your content is removed, you may send a counter-notice as the DMCA allows. We terminate the accounts of repeat infringers in appropriate circumstances.

13. Privacy and data processing

Our Privacy Policy explains how we handle personal data. When we process personal data in Your Content on your behalf, our Data Processing Addendum applies and forms part of these Terms. You are responsible for giving any notices and obtaining any consents required for the personal data in Your Content, including people who appear in your photos and people whose messages or comments you bring into Ember.

14. Suspension and termination

You may cancel at any time from billing settings; cancellation takes effect at the end of the current period. We may suspend or terminate your access if you breach these Terms, fail to pay, create legal or security risk, or if a platform requires it; where reasonable, we will tell you first. We may discontinue Ember with at least 30 days' notice and will refund any prepaid, unused subscription fees in that case.

After termination you may request an export of Your Content for 30 days, after which we delete your workspace data as described in the Privacy Policy. Sections that by their nature should survive (including 3 to 4, 9 to 12, and 15 to 21) survive termination.

15. Disclaimers

Ember is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not promise any particular engagement, reach, followers, sales, ad performance, platform approval, or uninterrupted or error-free operation, or that Outputs are accurate or suitable for your purposes.

16. Indemnification

You will defend, indemnify, and hold harmless Veil Hunts LLC and its members, officers, employees, and contractors from third-party claims, losses, and costs (including reasonable attorneys' fees) arising from Your Content, the content and ads you approve or publish, your use of connected accounts, your breach of these Terms, or your violation of law or third-party rights.

17. Limitation of liability

To the fullest extent permitted by law: (a) we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business opportunities, or for suspension of your platform accounts; and (b) our total liability for all claims relating to Ember is limited to the greater of the fees you paid us in the 12 months before the claim arose or US$100. These limits do not apply where the law does not allow them.

18. Changes to these Terms

We may update these Terms. For material changes we will give notice in Ember or by email at least 15 days before they take effect, unless a change is required sooner by law or a platform. Continuing to use Ember after the effective date means you accept the updated Terms.

19. Disputes, arbitration, and class-action waiver

Before starting a claim, contact legal@embersocial.io and try to resolve it informally for 30 days. If it is not resolved, you and we agree that any dispute relating to Ember or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may bring an individual claim in small-claims court or seek an injunction for misuse of intellectual property. The Federal Arbitration Act governs this section.

Claims must be brought individually, not as a plaintiff or class member in any class, collective, or representative proceeding, and the arbitrator may not consolidate claims. If 25 or more similar arbitration demands are filed by the same or coordinated counsel, they will be administered in batches as the arbitration provider permits. You may opt out of this section by emailing legal@embersocial.io within 30 days of first accepting these Terms. If this section is found unenforceable, disputes will be heard only in the state or federal courts located in New Jersey, and you and we consent to their jurisdiction.

20. General

These Terms are governed by the laws of the State of New Jersey and applicable US federal law, without regard to conflict-of-law rules. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays caused by events beyond our reasonable control. You must comply with export-control and sanctions laws. If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms, the Privacy Policy, the DPA, and any order form are the entire agreement between you and us about Ember.

21. Platform-specific terms

YouTube: when you connect a YouTube channel, Ember uses YouTube API Services to identify the connected channel and upload only videos you approve. Your use of those features is also subject to the YouTube Terms of Service, and Google's Privacy Policy applies to data Google processes.

YouTube Terms of Service · Google Privacy Policy

22. Contact

Veil Hunts LLC, a New Jersey limited liability company, operator of Ember Social. Legal: legal@embersocial.io. Support: support@embersocial.io. Copyright notices: copyright@embersocial.io.