Last Updated: April 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and Ember Cloud ("Company", "we", "us", or "our"). By accessing or using the Ember Cloud platform, you agree to be bound by these Terms. If you do not agree, do not use our services.
Your use of Ember Cloud constitutes your acknowledgment that you have read, understood, and agreed to these Terms, as well as our Privacy Policy, which is incorporated herein by reference. We reserve the right to update these Terms at any time. Continued use of the platform following notice of updated Terms constitutes acceptance.
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Ember Cloud platform solely for your internal business purposes. This license does not include any right to sublicense, resell, or redistribute the platform or its underlying technology.
The Ember Cloud platform, including but not limited to its software, source code, algorithms, user interface designs, dashboards, voicemail transcription pipeline, SMS automation logic, lead tagging system, call routing engine, branding, trademarks, trade names, logos, and all associated documentation, are the exclusive intellectual property of Ember Cloud and are protected under applicable copyright, trademark, trade secret, and other intellectual property laws.
You are granted no rights in the underlying platform technology beyond the limited license described in Section 2. You may not:
Any feedback, suggestions, or feature requests you provide to us may be used by Ember Cloud without restriction or compensation to you.
By providing your phone number and utilizing our platform, you agree to receive transactional and operational text messages from Ember Cloud. When you enable the automated missed-call text-back feature, you assume full responsibility for the content of messages delivered to your callers and for obtaining any required consents under applicable law, including the TCPA.
You agree to use the platform only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations, including without limitation the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and carrier messaging guidelines. You specifically agree not to:
We reserve the right to suspend or terminate your account immediately and without notice for any violation of this section.
Services are billed on a recurring monthly basis via our payment processor, Stripe. By providing payment information, you authorize us to charge your payment method for the applicable subscription fee each billing cycle. All fees are non-refundable except as required by law or as expressly stated herein.
You may cancel your subscription at any time through the platform or by contacting support. Upon cancellation, your account will remain active through the end of the current billing period. Your assigned phone number and associated data will be held for a grace period before permanent deletion. We are not liable for any loss of data or phone numbers following permanent deletion.
A one-time SMS campaign registration fee ($49 USD) may be required for A10DLC brand and campaign activation, which is separate from your monthly subscription. This fee is non-refundable once the registration has been submitted to carriers on your behalf.
Ember Cloud integrates with third-party services including Twilio (voice and SMS), Stripe (payments), and Google Cloud Platform (infrastructure). Your use of these integrations is subject to the respective terms and privacy policies of those providers. We are not responsible for the actions, availability, or data practices of third-party providers.
THE EMBER CLOUD PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED SERVICE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, THAT CALLS OR MESSAGES WILL BE DELIVERED WITHOUT DELAY, OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED THROUGH USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBER CLOUD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).
You agree to indemnify, defend, and hold harmless Ember Cloud and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the platform; (b) your violation of these Terms or any applicable law; (c) your violation of any third-party rights; or (d) any content or messages transmitted through the platform under your account.
In the course of using the platform, you may have access to information about our systems, features, roadmap, pricing structures, or business processes that is not publicly known. You agree to keep such information confidential and not to disclose it to any third party without our prior written consent. This obligation survives termination of your account.
These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions. Any dispute arising under or relating to these Terms that cannot be resolved informally shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in English. The arbitration shall take place in New Mexico, or remotely at the discretion of the arbitrator. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.
You waive any right to a jury trial or to participate in a class action lawsuit in connection with your use of the platform.
We reserve the right to modify, suspend, or discontinue any feature or aspect of the platform at any time, with or without notice. We will make reasonable efforts to notify subscribers of significant changes. We are not liable for any modification, suspension, or discontinuation of services.
Either party may terminate this agreement at any time. We may suspend or terminate your account immediately if you violate these Terms, fail to pay applicable fees, or if required to do so by law or by our upstream service providers. Upon termination, all licenses granted to you cease immediately. Sections 3, 8, 9, 10, 11, and 12 survive termination.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ember Cloud with respect to the platform and supersede all prior agreements, representations, and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
For questions about these Terms, contact us at support@embercloud.cc.