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Terms of Service

Last updated: {{EFFECTIVE_DATE}}

The two points you should read first. (1) You are responsible for the legality of any URL you submit to the Service. (2) We do not download, host, or redistribute the original video or audio at that URL — we only generate and store a text transcript and summary for your personal use.

Table of contents
  1. About these Terms
  2. Acceptance
  3. Eligibility
  4. Description of Service
  5. How the Service works
  6. Your responsibilities and warranties
  7. Acceptable use
  8. Intellectual property
  9. Sharing features
  10. Copyright complaints
  11. Paid plans, billing, and refunds
  12. Free tier
  13. Service availability and disclaimers
  14. Limitation of liability
  15. Indemnification
  16. Suspension and termination
  17. Modifications to these Terms
  18. Privacy
  19. Feedback
  20. Governing law
  21. Dispute resolution
  22. General
  23. Contact

1. About these Terms

Ember is a personal knowledge management product operated by {{COMPANY_NAME}}, a company incorporated in the Hong Kong Special Administrative Region under company number {{COMPANY_NUMBER}} with its registered office at {{REGISTERED_ADDRESS}} ("we", "us", "our"). "Ember" is a product name and brand owned by us; it is not a separate legal entity.

These Terms of Service ("Terms") form a binding agreement between you ("you", "your") and us, and govern your access to and use of the Ember website, web application, browser extensions, APIs, and any related services we provide (collectively, the "Service").

2. Acceptance

By creating an account, accessing, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

3. Eligibility

You must be at least 16 years old, or the minimum age at which you can provide valid digital consent under the laws of your jurisdiction, to use the Service. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

You may not use the Service if you are located in, or are a national or resident of, any country or territory subject to comprehensive sanctions administered by the United States, the European Union, the United Kingdom, or Hong Kong.

The Service is intended for individual use. Account sharing is not permitted — each individual user must register and use their own account. Team accounts, where we offer them, provide seat-based access for multiple users.

4. Description of Service

Ember is a personal knowledge management tool. It helps individuals generate searchable text transcripts and AI-assisted summaries from publicly accessible online video content that they choose to save for their own learning, research, or reference.

5. How the Service works

The Service operates in the following way, and you acknowledge and agree to this mode of operation:

6. Your responsibilities and warranties

Each time you submit a URL or otherwise use the Service, you represent and warrant that:

  1. You have the lawful right to access the content located at the URL you submit, and to create a personal transcript of that content for your own knowledge management.
  2. Generating a transcript or summary of that content through the Service does not violate the terms of service of the source platform, the copyright or other intellectual property rights of the content's rights holders, or any applicable law.
  3. You will not use any transcript, summary, or other output produced by the Service to republish, redistribute, monetise, or otherwise commercially exploit the underlying content in a manner that would infringe the rights of the original rights holder.
  4. Your use of the Service is for your individual, personal, educational, or internal research purposes, and not for large-scale commercial copying or redistribution of third-party content.
  5. You will not use automated scripts, bots, or other means to submit URLs in bulk, nor will you attempt to circumvent any rate limits, quotas, or security measures of the Service.

You — not us — are responsible for the lawfulness of any URL you submit and the use you make of any output produced by the Service.

7. Acceptable use

You must not use the Service, or any content generated through it, for any of the following purposes:

We may investigate suspected violations and take action, including suspending or terminating accounts, removing generated content, and reporting to authorities where required by law.

8. Intellectual property

Our property. The Service, including its software, interface, design, trademarks, logos, and documentation, is owned by or licensed to {{COMPANY_NAME}} and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended purpose in accordance with these Terms.

Original content. All intellectual property rights in the original video, audio, or other content referenced by the URLs you submit remain with their respective rights holders. Nothing in these Terms transfers any right in that content to you or to us.

Your content. The transcripts, summaries, annotations, tags, and organisation you create or apply within the Service ("User Content") remain yours, subject to any third-party rights in the underlying source material. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, back up, and display the User Content back to you solely to the extent necessary to provide the Service to you. We will not sell your User Content or use it to train general-purpose AI models for third parties.

9. Sharing features

You may voluntarily choose to make a transcript or summary publicly accessible using our sharing features. When you do:

10. Copyright complaints

If you believe content generated through the Service infringes your copyright, please review and follow our Copyright Policy for the notice and takedown procedure.

11. Paid plans, billing, and refunds

Paid plans, credit packs, and any other fees are processed by our payment partners (currently Stripe and Airwallex, including Alipay and WeChat Pay through Airwallex). By subscribing, you authorise us and our payment partners to charge your chosen payment method.

12. Free tier

We may offer a free tier with limited functionality. The free tier is provided "as is" with no uptime or performance guarantee. We may change the features or limits of the free tier at any time.

13. Service availability and disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not warrant that:

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL {{COMPANY_NAME}}, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless {{COMPANY_NAME}} and its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

16. Suspension and termination

You may terminate your account at any time from your account settings. We may suspend or terminate your access to the Service if you breach these Terms, if required by law, or if we decide to discontinue the Service or a material part of it.

On termination of a paid account, we will make reasonable efforts to give you at least thirty (30) days to export your User Content before deletion, except where termination results from a serious breach by you or is required by law.

17. Modifications to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email (if you have an account) or through a prominent notice in the Service at least thirty (30) days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

18. Privacy

Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

19. Feedback

If you send us suggestions, ideas, feature requests, or other feedback about the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, modify, and exploit the Feedback for any purpose, including improving the Service, without obligation to you. You waive any moral rights in the Feedback to the extent permitted by law. Feedback is provided voluntarily and is not confidential.

20. Governing law

These Terms and any non-contractual obligations arising out of or in connection with them are governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region.

21. Dispute resolution

Step 1 — Good-faith negotiation. Before initiating any formal proceeding, the parties will first attempt to resolve any dispute through good-faith written negotiation for a period of at least thirty (30) days, beginning when either party gives the other written notice of the dispute.

Step 2 — Small claims option. Where the amount in dispute is less than USD 5,000, either party may, after the negotiation period, continue to resolve the matter through negotiation or, where available, through a small-claims procedure of competent jurisdiction.

Step 3 — Arbitration. Where the dispute is not resolved by negotiation and is not suitable for, or elected to be resolved by, the small-claims option, the dispute shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The arbitral tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The arbitral award shall be final and binding on the parties.

22. General

Entire agreement. These Terms, together with the Privacy Policy and any additional terms we provide for specific features, constitute the entire agreement between you and us with respect to the Service.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, pandemic, labour disputes, internet or telecommunications failures, or actions of third-party platforms.

Notices. We may give you notices by email to the address associated with your account or by posting in the Service. You may give us notice by email to legal@yourdomain.com.

Language. These Terms are drafted in English. Any translation is provided for convenience only. In the event of any inconsistency between the English version and any translation, the English version prevails.

23. Contact

Questions about these Terms can be sent to legal@yourdomain.com. For general support, please contact support@yourdomain.com.