Last Updated: June 28, 2024

1. Introduction

Welcome to Ember Capital, LLC (“Ember”, “we”, “our”, or “us”). These Terms and Conditions (“Terms”) govern your use of our website located at https://ember.capital (the “Website”) and our mobile application (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

2. Use of the Services

2.1. Eligibility: You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into these Terms.

2.2. Account Registration: To access certain features of our Services, you may be required to create an account. You agree to provide accurate and complete information when creating your account and to keep this information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.3. User Responsibilities: You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not use our Services:

• In any way that violates any applicable local, national, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.

3. Payment and Subscription Terms

3.1. Payment Plans: Details of payment plans and subscription options will be provided following the private beta release. Payment plans are subject to change at our discretion.

4. Use of Data

4.1. Data Collection: We collect and use your personal data in accordance with our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our practices.

5. User-Generated Content

5.1. Content Submission: You may submit content, including but not limited to text, images, and other materials (“User Content”). You retain all rights to your User Content, and we claim no ownership rights over it.

5.2. Responsibility: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you have all necessary rights to submit the User Content and that such content does not violate any law or the rights of any third party.

6. Intellectual Property

6.1. Website Content: All content on our Website and mobile application, including but not limited to text, graphics, logos, and software, is the property of Ember and is protected by copyright, trademark, and other intellectual property laws.

7. Limitation of Liability

7.1. Disclaimer: Our Services are provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Termination

8.1. Termination by You: You may terminate your account at any time by following the instructions provided on the Website or mobile application. Upon termination, you must cease all use of the Services.

8.2. Termination by Us: We may suspend or terminate your access to the Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason in our sole discretion.

8.3. Effect of Termination: Upon termination of your account, you will lose all access to the Services and any portions thereof, including your account, User Content, and other data.

9. Governing Law

These Terms and any disputes related to these Terms or our Services will be governed by and construed in accordance with the laws of the state of Colorado, without regard to its conflict of laws principles.

10. Changes to the Terms

We reserve the right to change these Terms from time to time by updating this document on the Website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

11. Contact Us

If you have any questions about these Terms, please contact us at info@ember.capital.