Terms of Service

Agreement

These Terms of Service ("Terms") are a binding agreement between you (the individual or entity accessing the service) and Ember, Inc., a Delaware, United States corporation ("Ember", "we", "us"). By creating an account, clicking "Start free" or "Start Team", or otherwise using any part of the Ember service, you agree to these Terms. If you do not agree, do not use the service.

Where you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case "you" and "your" refer to that entity.

The service

Ember is an AI incident commander for software teams. When an alert fires, Ember reads your alerts, logs, distributed traces and recent deploys, identifies the likely root cause with cited evidence and a confidence level, drafts a fix or rollback with real commands, and writes an incident timeline and postmortem as the incident runs.

Ember is an assistive tool. It drafts; it does not act autonomously on production systems. No Ember output changes your infrastructure without explicit human approval and execution. You are responsible for evaluating every output and for any action taken in your environment based on Ember's recommendations. Ember's outputs are suggestions, not authoritative instructions.

The service is model-agnostic. The underlying AI provider may change over time. On the Scale plan, you may register your own model endpoints so reasoning runs on infrastructure you control.

Accounts

You must provide accurate registration information and keep it current. You must be at least 18 years old and have the legal capacity to enter into a binding contract in your jurisdiction. You are responsible for all activity that occurs under your account. Keep your credentials secure and notify us immediately at support@emberoncall.com if you suspect unauthorized access. We may suspend accounts that show signs of compromise.

Acceptable use

You may not use the service to:

• violate any applicable law, regulation, or third-party right, including data protection and privacy laws;
• process personal data of individuals without a lawful basis and adequate notice to those individuals;
• attempt to reverse-engineer or extract the underlying models through systematic querying or probing;
• resell, sublicense or white-label the service without a separate written agreement with Ember;
• transmit malware, conduct denial-of-service attacks, or probe or scan Ember infrastructure without prior written authorization from our security team at security@emberoncall.com;
• use automated scraping or bulk export outside of the documented API;
• impersonate any person or entity, or misrepresent your affiliation with a person or entity.

We may investigate and, where warranted, suspend or terminate access for violations without advance notice.

Plans and billing

Ember offers three plans: Free, Team and Scale. Free is no-charge. Team is billed at $199 USD per month (or the equivalent in your local currency, converted at a fixed rate set by Ember and published on the Pricing page). Scale is custom-priced; contact sales@emberoncall.com for a quote.

Prices are stated exclusive of tax. Sales tax, VAT, GST or equivalent is added at the applicable rate for your jurisdiction where law requires it. Team subscriptions are billed monthly in advance. Payment is due at the start of each billing period. We use a third-party payment processor; your card details are held by the processor, not by Ember. If payment fails, we will retry for up to seven days before suspending the account. Fees are non-refundable except as required by applicable law or as stated in a separate written order form.

We may change prices on 30 days' written notice. New prices take effect at your next renewal after the notice period.

Free tier limits

The Free plan includes 10 incident analyses per calendar month, one connected alert source, and community support. We reserve the right to throttle or suspend Free accounts that exceed reasonable use, generate automated traffic, or place disproportionate load on shared infrastructure. We will endeavor to notify you before suspending a Free account for overuse.

Intellectual property

Ember and its licensors own all right, title and interest in the service, including the software, AI routing layer, documentation, trademarks, and the Ember name and mark. These Terms do not transfer any ownership interest in the service to you.

You own your Customer Data (defined below). You grant Ember a limited, non-exclusive license to process your Customer Data solely to operate and improve the service for you. We do not use your telemetry, logs or traces to train shared models.

Any feedback, suggestions or ideas you submit about the service may be used by Ember without restriction or compensation.

Customer data and confidentiality

"Customer Data" means alert payloads, log lines, traces, metrics, deploy records, and any other data you submit to the service. You are responsible for having the rights to submit that data and for any personal data it contains.

Ember processes Customer Data to operate the service, including passing relevant signals to AI model providers under data processing agreements. Customer Data on the Scale plan may be routed exclusively through endpoints you control inside your own network perimeter.

We treat Customer Data as confidential. We will not disclose it to third parties except to subprocessors necessary to operate the service, to comply with a legal obligation (in which case we will notify you promptly if permitted by law), or as directed by you. Retention periods, data residency options and deletion procedures are described in our Privacy Policy. On account termination, Customer Data is deleted within 30 days unless a longer period is required by law or agreed in writing.

Warranties and disclaimer

We will use reasonable efforts to provide the service in a professional manner. On the Scale plan, uptime commitments are as stated in the applicable order form or SLA document.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EMBER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT OUTPUTS WILL BE ACCURATE OR COMPLETE, OR THAT ANY PARTICULAR INCIDENT OUTCOME WILL BE ACHIEVED BY USING THE SERVICE.

Because Ember's outputs are assistive recommendations that a human must evaluate before acting on them, you accept full responsibility for any production change made in reliance on those outputs.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO EMBER IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.

IN NO EVENT WILL EMBER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, INCREASED MTTR, OR COST OF SUBSTITUTE SERVICES, EVEN IF EMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. The above limitations apply to the fullest extent permitted by applicable law.

Termination

You may cancel your account at any time from account settings or by emailing support@emberoncall.com. Cancellation takes effect at the end of the current billing period; no partial-month refunds are issued unless required by law.

We may suspend or terminate your account if you breach these Terms, fail to pay fees when due, or if we are required to do so by law. Where the breach is remediable, we will give you 14 days' notice and an opportunity to cure before termination. We may terminate immediately for material breaches of the Acceptable Use section or for conduct that poses a security risk.

On termination, your right to access the service ends immediately. The sections covering intellectual property, disclaimers, limitation of liability, governing law and this survival clause continue to apply after termination.

Governing law

These Terms are governed by the laws of the State of Delaware and the federal laws of the United States, without regard to conflicts of law principles. Any dispute arising out of or related to these Terms or the service that cannot be resolved informally will be submitted to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware. You waive any objection to venue in those courts.

If you are a consumer resident in a jurisdiction where this choice of law or jurisdiction clause is unenforceable, the mandatory consumer protection laws of your jurisdiction will apply to the extent they provide greater protections.

Changes

We may update these Terms from time to time. When we make a material change, we will post the updated Terms on this page and update the "Last updated" date at the top. For material changes, we will also notify you by email at least 15 days before they take effect. Your continued use of the service after the effective date constitutes acceptance of the updated Terms.

If you do not agree to a material change, you may cancel your account before it takes effect. Cancellation procedures are described in the Termination section above.

Contact

Questions about these Terms should be sent to hello@emberoncall.com. Written notices required by these Terms may be addressed to:

Ember, Inc.
115 Broadway, Suite 1502
New York, NY 10006
United States