Ember — Terms of Service

By creating an account, accessing, or using Ember, you agree to these Terms of Service on behalf of the organization you represent. You represent that you are at least 18 years old and authorized to bind the organization. If you do not agree, do not use the service.

1. The Service

Ember is a web application that helps organizations manage volunteers, scheduling, hours, and related reporting.

The service is currently offered free of charge. We may introduce optional paid subscription plans or features in the future. If you choose to purchase a paid plan, the pricing, features, and billing terms in effect at the time of purchase (and any order form or checkout page) will apply in addition to these Terms. Free and paid features may coexist; we will make clear which features require a paid subscription.

We may modify, suspend, or discontinue features (free or paid) with reasonable notice where practicable.

2. Eligibility and Accounts

Ember is offered only to organizations located in the United States. You may use Ember on behalf of an organization that engages volunteers lawfully, including nonprofit organizations, public agencies (such as schools, libraries, parks and recreation departments, and emergency services), religious organizations, fiscally sponsored projects, and groups organized for charitable or community purposes, including organizations still in formation. For-profit businesses may not use Ember to recruit, schedule, or record unpaid volunteer labor for their own commercial operations.

You are responsible for maintaining the security of your account and for all activity that occurs under it. You must provide accurate information and keep it current.

3. Your Responsibilities and Acceptable Use

You (and the organization you represent) agree that you will: use the service only for lawful purposes and in accordance with these Terms; not enter health records, government identification numbers for individuals, payment card data (except through our designated payment processor when paid plans are offered), or any other data Ember is not designed to hold; not upload or store actual document files (the service records only that a document is on file — metadata only); not attempt to access another organization's data, reverse-engineer the service, or interfere with its operation; comply with all applicable laws, including those relating to the collection and handling of personal information of volunteers (including minors) and laws governing volunteer labor.

You are solely responsible for the content and data you enter or import, and for obtaining any consents required from volunteers or guardians.

4. Data Processing

For personal information that your organization enters or imports about its volunteers and staff, your organization is the controller and Ember is the processor (service provider). We process that data only on your documented instructions, which include these Terms and your use of the service features.

We will: process the data only to provide and support the service; not sell, rent, or share the data with other organizations; not use the data to train machine-learning models; implement reasonable technical and organizational measures to protect the data; assist you, at your request and expense, with reasonable data-subject requests that you cannot fulfill yourself through the service; delete or return the data in accordance with the Privacy Policy when you delete your organization or upon termination, subject to the retention periods stated there and any legal holds.

For information about the individual who creates and administers the account, Ember is the controller.

Our Privacy Policy (available at the product privacy policy URL on app.donewithember.com) forms part of these Terms and describes our data practices in more detail.

5. Paid Subscriptions, Billing, and Cancellation

If you purchase a paid subscription: you authorize us (or our payment processor) to charge the payment method you provide on a recurring basis according to the plan you selected (monthly, annual, or other interval shown at checkout); prices are stated in U.S. dollars and exclude applicable taxes, which you are responsible for; subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date through your account settings or by contacting us; you may cancel a paid subscription at any time (cancellation takes effect at the end of the then-current billing period; you retain access to paid features until that date; we do not provide prorated refunds for partial periods unless required by law or explicitly stated at the time of purchase); if a payment fails, we may retry the charge and, after reasonable notice, suspend or downgrade access to paid features until payment is received.

We may change pricing or plan features for future renewal periods with at least 30 days' prior notice by email or in-product notice. Continued use after the notice period constitutes acceptance of the new terms. Payment card and billing data are processed by our third-party payment processor; we do not store full payment card numbers.

6. Intellectual Property

Ember and all related software, designs, and content remain our property. We grant your organization a limited, non-exclusive, non-transferable, revocable right to access and use the service for its internal purposes during the term of these Terms.

You retain all rights to the data you enter. You grant us a limited license to host, process, and display that data solely as needed to provide the service.

7. Termination and Deletion

You may stop using the service and delete your organization at any time. We may suspend or terminate access if you materially breach these Terms (including the eligibility and acceptable-use rules), if payment fails and remains unresolved, or if required by law.

Upon deletion of an organization, data is handled as described in the Privacy Policy (30-day recoverable window, then permanent deletion from production systems, with backups aging out according to the period stated there).

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AYNI TX LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES THE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED.

10. Indemnification

You agree to indemnify and hold harmless AYNI TX LLC and its personnel from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the service, your data, your violation of these Terms, or your violation of any law or third-party rights (including any failure to obtain required consents from volunteers or guardians, or any use of the service in connection with unpaid labor that violates wage-and-hour law).

11. Changes to These Terms

We may update these Terms from time to time. We will post the updated version and, for material changes, notify account holders by email. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the service and delete your organization.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the service will be resolved exclusively in the state or federal courts located in Travis County, Texas, and you consent to personal jurisdiction there.

13. General

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely.

Contact: privacy@donewithember.com · AYNI TX LLC · 12005 Mystic Forest Ln, Austin, TX 78738