Ember Terms of Service

These Terms of Service, referred to as the “Terms,” govern your access to and use of Ember’s websites, applications, integrations, artificial intelligence features, and related services, collectively referred to as the “Services.”

Ember provides a startup intelligence and readiness platform that helps founders understand their companies through technical, operational, financial, and other company information. Among other functionality, Ember may analyze authorized GitHub activity, identify engineering and organizational patterns, calculate startup readiness metrics, generate signals and recommendations, and provide artificial intelligence powered insights through features such as Aether Intelligence and Hermes.

The current Ember product specifically analyzes GitHub commits, pull requests, deployments, contributors, engineering trends, startup signals, and founder supplied company information to generate startup intelligence.

By creating an account, accessing the Services, or otherwise using Ember, you agree to these Terms and acknowledge our Privacy Policy.

If you do not agree to these Terms, you may not use the Services.

1. Eligibility and Authority

You must be legally capable of entering into a binding agreement to use the Services.

If you use Ember on behalf of a company, startup, organization, or other legal entity, you represent that you have authority to accept these Terms on behalf of that entity. In that case, references to “you” and “your” include both you and the applicable entity.

You may not use Ember if applicable law prohibits you from receiving or using the Services.

2. Ember Accounts

Certain features require an Ember account.

You agree to provide accurate and reasonably current information when creating and maintaining your account.

You are responsible for maintaining the security of your account credentials and for activity occurring through your account. You may not knowingly permit unauthorized individuals to access your account.

You must promptly notify Ember if you reasonably believe that your account, connected integrations, credentials, or company information have been compromised.

Ember may use third party authentication providers to authenticate users. Your use of those authentication services may also be subject to the applicable provider’s terms.

3. The Ember Services

Ember provides software designed to help founders understand startup activity, operational health, technical performance, and fundraising readiness.

Depending on the features available to you, Ember may provide:

• GitHub repository integrations;
• engineering activity analysis;
• commit classification;
• pull request and deployment analysis;
• contributor and team activity analysis;
• weekly startup snapshots;
• startup readiness scores;
• Ship, Crew, and Runway assessments;
• startup health and risk signals;
• trend and pattern detection;
• Hermes generated company knowledge and context;
• Aether Intelligence;
• AI generated recommendations and responses;
• company and team management functionality;
• startup financial and runway calculations;
• reports, dashboards, and analytics; and
• other startup intelligence functionality.

Features may change as Ember develops.

Ember may add, modify, remove, limit, or discontinue features from time to time. Where reasonably practicable, we may provide notice before making a material change that significantly affects paid Services.

4. GitHub and Connected Services

Ember allows users to connect certain third party services, including GitHub.

When you connect a third party account, repository, organization, or other service to Ember, you authorize Ember to access and process information made available through the permissions you grant for the purpose of providing the Services.

For GitHub, this may include repository metadata, commit information and messages, pull requests, contributor information, workflow activity, deployment information, and other authorized technical information.

Ember’s present product architecture uses this information to calculate engineering metrics, classify commits, generate weekly snapshots, detect startup signals, build Hermes company context, and provide Aether responses.

You represent and warrant that:

• you have the authority to connect each account, repository, organization, or service that you connect to Ember;
• Ember’s authorized processing of that information does not violate any agreement or applicable law;
• you will not intentionally connect information that you are prohibited from providing to Ember; and
• where information relates to another person, you have an appropriate basis for permitting its processing.

Connecting a third party service does not transfer ownership of that service or its contents to Ember.

You may disconnect supported integrations at any time through available Ember functionality or through the applicable third party provider.

5. Third Party Services

Ember depends in part on services operated by third parties.

These may include authentication providers, GitHub, cloud infrastructure providers, artificial intelligence providers, databases, analytics services, and other technology providers.

Ember does not control those services and cannot guarantee their continued availability, accuracy, performance, security, or compatibility.

Third party providers may change their APIs, permissions, pricing, functionality, or terms. Such changes may affect Ember functionality.

Your relationship with a third party service remains governed by your agreement with that provider.

Ember is not responsible for losses caused solely by the independent acts, omissions, outages, or policies of third party providers outside Ember’s reasonable control.

6. Your Data and Ownership

For purposes of these Terms, “Customer Data” means information, content, records, files, repository information, company information, communications, and other material that you or your authorized integrations provide to Ember.

As between you and Ember, you retain ownership of your Customer Data.

These Terms do not transfer ownership of your repositories, source code, company information, financial information, intellectual property, or other Customer Data to Ember.

You grant Ember a limited, nonexclusive, worldwide license to host, copy, transmit, process, analyze, modify as technically necessary, and display Customer Data solely to:

• provide the Services;
• operate authorized integrations;
• generate requested analytics and insights;
• provide AI powered functionality;
• maintain and secure the Services;
• prevent fraud and abuse;
• provide support;
• comply with applicable law; and
• otherwise process information as described in our Privacy Policy.

This license exists only to the extent reasonably necessary for those purposes and does not transfer ownership of Customer Data to Ember.

7. Responsibility for Customer Data

You are responsible for Customer Data you provide or authorize Ember to access.

You represent that you possess the rights, permissions, authority, or other lawful basis necessary for Ember to process Customer Data as contemplated by these Terms.

You must not knowingly provide Ember with:

• information obtained unlawfully;
• intellectual property you do not have authority to provide;
• credentials or authentication secrets that Ember has not specifically requested;
• malicious software;
• information whose disclosure to Ember would violate a binding confidentiality obligation; or
• information prohibited by applicable law.

You remain responsible for determining whether your use of Ember is appropriate for information subject to contractual, regulatory, or industry specific requirements.

8. Confidential Company Information

Ember recognizes that Customer Data may contain confidential or commercially sensitive information.

Ember will use reasonable administrative, technical, and organizational measures designed to protect nonpublic Customer Data.

Ember will not intentionally disclose private Customer Data to unrelated third parties except:

• as necessary to provide the Services;
• to service providers acting on Ember’s behalf;
• when you direct or authorize the disclosure;
• in connection with a corporate transaction as described in our Privacy Policy;
• where reasonably necessary to protect Ember, our users, or others; or
• where required by applicable law or legal process.

Private company information is not made available to investors merely because a company uses Ember.

If Ember introduces investor discovery or sharing functionality, the startup will determine which information is made available through features that require founder authorization.

This is particularly relevant because Ember’s longer term product plans contemplate a VC facing product while the current product remains primarily founder facing.

9. Ember Intellectual Property

Except for Customer Data and third party materials, Ember and its licensors retain all rights, title, and interest in and to the Services.

This includes Ember’s:

• software;
• source code;
• interfaces;
• designs;
• databases;
• scoring methodologies;
• algorithms;
• analytics systems;
• signal detection systems;
• artificial intelligence infrastructure;
• Hermes systems;
• Aether systems;
• documentation;
• branding;
• trademarks;
• logos;
• graphics; and
• other technology and intellectual property.

No rights are granted to you except those expressly provided by these Terms.

You may not use Ember’s name, trademarks, logos, or branding in a manner that suggests endorsement, sponsorship, or affiliation without permission.

10. Readiness Scores, Signals, and Analytics

Ember generates scores, classifications, signals, trends, recommendations, and other analytics using available Customer Data and automated systems.

These outputs may include Ship, Crew, Runway, overall readiness, engineering velocity, deployment health, contributor activity, key person risk, code quality related indicators, and other startup metrics.

Ember’s current scoring system is expressly intended to evaluate startup readiness across product, team, and financial dimensions.

These outputs are estimates and analytical tools. They should not be treated as objective determinations of the value, quality, viability, security, or future success of a company.

A higher Ember readiness score does not guarantee that a startup:

• will successfully raise financing;
• will attract investors;
• will achieve product market fit;
• will generate revenue;
• will remain solvent;
• has adequate cybersecurity;
• will successfully hire employees;
• will achieve a particular valuation; or
• will succeed commercially.

Likewise, a low score does not establish that a company will fail.

11. Artificial Intelligence

Certain Ember functionality uses artificial intelligence and automated systems.

This includes features such as Aether Intelligence, commit classification, startup analysis, recommendations, summaries, and Hermes related intelligence.

AI generated outputs may contain errors, omissions, outdated information, incorrect assumptions, or other inaccuracies.

You are responsible for evaluating outputs before relying upon them.

You should not rely exclusively on an AI generated response, readiness score, signal, classification, or recommendation when making significant business, financial, investment, fundraising, legal, cybersecurity, hiring, employment, or other decisions.

Ember does not guarantee the accuracy, completeness, reliability, or suitability of AI generated output for any particular purpose.

12. No Professional Advice

Ember does not provide investment, financial, legal, tax, accounting, cybersecurity, employment, or other regulated professional advice.

Information available through Ember is provided for informational and analytical purposes.

Nothing generated by Ember constitutes:

• an offer to sell securities;
• a solicitation to purchase securities;
• investment advice;
• a recommendation to make an investment;
• legal advice;
• accounting advice;
• tax advice;
• an audit;
• a cybersecurity certification;
• a valuation;
• a guarantee of fundraising readiness; or
• a guarantee of business performance.

You should consult qualified professionals when appropriate.

13. Fundraising and Investors

Ember is designed in part to help founders understand factors that may affect fundraising readiness.

Ember does not act as a broker dealer, investment adviser, securities exchange, crowdfunding platform, placement agent, or investment bank through the Services described by these Terms.

Ember does not guarantee:

• introductions to investors;
• investor interest;
• financing;
• acceptance into an accelerator;
• valuation;
• financing terms;
• due diligence outcomes; or
• any other fundraising result.

Any decision to share information with an investor and any subsequent relationship between a startup and investor remains the responsibility of the applicable parties.

14. Acceptable Use

You may use Ember only for lawful purposes and in accordance with these Terms.

You may not:

• access or attempt to access another user’s account without authorization;
• connect repositories, organizations, or accounts that you do not have authority to connect;
• circumvent authentication, authorization, security, or usage controls;
• probe or test vulnerabilities without Ember’s written authorization;
• interfere with or disrupt the Services;
• knowingly introduce malicious code, malware, or harmful material;
• use automated systems to scrape Ember at unreasonable scale without permission;
• copy, reproduce, or commercially exploit substantial portions of the Services except as permitted by law;
• reverse engineer, decompile, or attempt to derive Ember source code except where applicable law expressly permits such activity;
• impersonate another person or organization;
• use Ember to violate intellectual property, privacy, confidentiality, or other rights;
• use Ember for fraudulent or unlawful activity;
• attempt to obtain information belonging to another Ember customer;
• circumvent rate limits or technical restrictions;
• use the Services to develop, train, or benchmark a competing service through systematic extraction of Ember outputs except with Ember’s written permission; or
• assist another person in doing any of the foregoing.

We may investigate suspected violations of these Terms.

15. Security Research

We value responsible identification of security vulnerabilities.

You may not conduct intrusive security testing, access another customer’s information, degrade the Services, or exploit a vulnerability beyond what is reasonably necessary to demonstrate its existence without authorization.

Security issues should be reported to an Ember security contact designated on our website.

We may establish a formal vulnerability disclosure or bug bounty program in the future.

16. Feedback

If you voluntarily provide suggestions, ideas, recommendations, or other feedback regarding Ember, you grant Ember the right to use that feedback without restriction or compensation to you.

Feedback does not include your Customer Data, confidential company information, private repository information, or other information merely because Ember receives it through your use of the Services.

17. Privacy

Our collection, use, processing, and disclosure of personal information are described in our Privacy Policy.

The Privacy Policy forms an important part of your relationship with Ember and should be reviewed together with these Terms.

In the event of a conflict concerning the processing of personal information, applicable law and any applicable data protection agreement will control as required.

18. Free Services and Beta Features

Ember may provide some or all Services without charge during an early access, beta, trial, or free period.

Free, experimental, preview, or beta functionality may be modified, limited, suspended, or discontinued.

Beta functionality may contain errors and may not have the reliability, availability, or functionality of generally available features.

You should not rely on beta functionality for critical business operations unless Ember expressly states otherwise.

Ember’s current product plan identifies the initial MVP as free while the company develops traction and contemplates paid startup plans later.

19. Paid Services

Ember may offer paid subscriptions, usage based features, premium plans, or other paid Services.

If you purchase paid Services, applicable pricing, billing frequency, usage limits, and plan terms will be presented before purchase.

Unless otherwise stated at purchase:

• fees are charged according to the selected plan;
• you authorize Ember or its payment processor to charge the applicable payment method;
• applicable taxes may be added;
• subscriptions may renew automatically until canceled; and
• cancellation generally prevents future renewal rather than retroactively refunding an already paid billing period.

Any refund policy presented at the time of purchase will apply.

Ember may change prices for future billing periods by providing notice where required.

Additional payment terms may be introduced when paid Services become available.

20. Suspension

Ember may temporarily restrict or suspend access to some or all of the Services where reasonably necessary because of:

• a violation of these Terms;
• suspected fraud or abuse;
• a security threat;
• unauthorized access;
• activity that could damage Ember or another user;
• legal requirements;
• nonpayment of applicable fees; or
• an emergency affecting the integrity or availability of the Services.

Where reasonably practicable, Ember will attempt to provide notice and an opportunity to resolve the issue.

Immediate suspension may occur where necessary to address an urgent security, legal, or operational risk.

21. Termination

You may stop using Ember at any time.

You may terminate your account through available account functionality or by contacting Ember.

Ember may terminate an account for a material violation of these Terms, unlawful use, repeated abuse, security threats, nonpayment, or where continued provision of the Services would create substantial legal or security risk.

Upon termination, your right to access the Services ends.

Customer Data will be handled following termination in accordance with the Ember Privacy Policy and applicable retention requirements.

Sections that by their nature should survive termination, including provisions regarding ownership, disclaimers, limitations of liability, indemnification, and dispute provisions, will survive.

22. Availability and Modifications

We work to provide reliable Services, but Ember is not guaranteed to be available without interruption.

The Services may occasionally be unavailable because of:

• maintenance;
• software updates;
• infrastructure failures;
• third party outages;
• security incidents;
• Internet disruptions;
• changes to external APIs; or
• circumstances beyond Ember’s reasonable control.

Ember may modify the Services as the product develops.

We do not guarantee that any particular feature, integration, metric, scoring methodology, or third party connection will remain available indefinitely.

23. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

EMBER DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, AND ANY OTHER WARRANTIES THAT MAY ARISE BY LAW, COURSE OF DEALING, OR USAGE OF TRADE, TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.

EMBER DOES NOT WARRANT THAT:

• THE SERVICES WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR FREE;
• INFORMATION OR OUTPUTS WILL ALWAYS BE ACCURATE;
• AI GENERATED OUTPUTS WILL BE COMPLETE OR CORRECT;
• READINESS SCORES WILL PREDICT FUNDRAISING OR BUSINESS SUCCESS;
• SIGNALS WILL IDENTIFY EVERY MATERIAL RISK;
• THIRD PARTY INTEGRATIONS WILL REMAIN AVAILABLE; OR
• THE SERVICES WILL MEET EVERY USER’S PARTICULAR REQUIREMENTS.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA, ARISING FROM OR RELATING TO THE SERVICES.

To the maximum extent permitted by applicable law, Ember’s aggregate liability arising from or relating to the Services or these Terms will not exceed the greater of:

(a) the amount you paid Ember for the Services during the twelve months immediately preceding the event giving rise to the claim; or

(b) one hundred United States dollars ($100).

These limitations apply regardless of the legal theory asserted and even if Ember has been advised that damages are possible.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

25. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Ember and its affiliates, officers, directors, employees, contractors, and agents from claims, liabilities, damages, losses, and reasonable expenses, including reasonable attorneys’ fees, arising from or relating to:

• your unlawful use of the Services;
• your material violation of these Terms;
• Customer Data that you did not have authority to provide;
• your infringement or violation of another person’s rights; or
• your intentional misuse of the Services.

Ember will provide reasonable notice of a covered claim and reasonable cooperation in the defense where appropriate.

26. Copyright and Intellectual Property Complaints

Ember respects intellectual property rights.

If you believe material available through Ember infringes your intellectual property rights, you may contact us with sufficient information to identify the material, the relevant rights, and the basis for your request.

Where applicable, Ember may remove or restrict access to material that infringes another party’s rights.

27. Governing Law

This section should be finalized once Ember’s legal entity and jurisdiction of incorporation have been established.

Unless otherwise required by applicable law, these Terms and disputes arising from them will be governed by the laws of the jurisdiction identified in Ember’s final published Terms, without regard to conflict of law principles.

The parties agree that applicable mandatory consumer protections remain unaffected where they cannot legally be waived.

28. Dispute Resolution

Before initiating formal legal proceedings, you and Ember agree to make a reasonable good faith effort to resolve a dispute informally.

A party seeking to initiate a dispute should provide written notice describing the nature of the dispute and requested resolution.

Any arbitration requirement, class action waiver, venue selection clause, or jury trial waiver should be added only after review by qualified legal counsel and identification of Ember’s legal entity and governing jurisdiction.

Nothing in this section prevents either party from seeking emergency or injunctive relief where legally appropriate.

29. Changes to These Terms

We may update these Terms as Ember develops or as legal, regulatory, security, or operational requirements change.

When we update these Terms, we will revise the “Last Updated” date.

For material changes, we may provide additional notice through the Services, by email, or through another reasonable method.

Where applicable law requires affirmative consent to a change, we will request that consent.

Changes will not retroactively alter rights or obligations where prohibited by applicable law.

30. General Terms

If a provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

Ember’s failure to enforce a provision does not waive our right to enforce it later.

You may not assign your rights or obligations under these Terms without Ember’s consent, except where applicable law provides otherwise.

Ember may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or similar corporate transaction.

These Terms, together with the Privacy Policy and any additional terms expressly applicable to a particular Ember feature or paid plan, constitute the agreement between you and Ember concerning the Services.

Headings are provided for convenience and do not affect interpretation.

31. Contact

Questions regarding these Terms may be directed to:

Ember
Legal: mokshdoshi8@gmail.com
Website: joinember.dev