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Terms of Service

Last updated: May 2026

1. Acceptance of Terms

By accessing or using Emberly (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you ("User") and Emberly ("we", "us", or "our").

2. Description of Service

Emberly is a productivity tool that helps users manage and streamline their professional networking activities. The Service enables users to schedule and automate actions within their own third-party platform accounts, such as LinkedIn, at a pace consistent with normal human usage. Emberly does not access, extract, store, or resell data from any third-party platform on your behalf beyond what is strictly necessary to perform the actions you request.

3. Third-Party Platforms and Your Responsibilities

3.1 Your Accounts

The Service operates through your own accounts on third-party platforms (e.g., LinkedIn). You are solely responsible for:

  • Maintaining the security and confidentiality of your third-party account credentials
  • All activity that occurs through your third-party accounts when using the Service
  • Ensuring your use of the Service complies with all applicable terms of service, community guidelines, and policies of any third-party platform

3.2 Third-Party Platform Risk Acknowledgment

You expressly acknowledge and accept that:

  • Third-party platforms, including LinkedIn, prohibit certain forms of automation in their terms of service
  • Using the Service may violate the terms of service of third-party platforms
  • Third-party platforms may restrict, suspend, or permanently ban your account at their sole discretion
  • We have no control over, and assume no responsibility for, any actions taken by third-party platforms against your account
  • You use the Service entirely at your own risk with respect to your third-party platform accounts

By using the Service, you confirm that you have read and understood the terms of service of any third-party platform you use in connection with the Service, and you accept all associated risks.

3.3 No Guarantee of Continued Access

Third-party platforms may change their interfaces, APIs, or policies at any time. We do not guarantee that the Service will remain functional with any third-party platform, and we are not liable for any interruption to the Service caused by third-party platform changes.

4. Prohibited Uses

You may not use the Service to:

  • Scrape, harvest, extract, or systematically collect data from any third-party platform for storage, resale, or redistribution
  • Create or operate fake, impersonating, or fraudulent accounts on any third-party platform
  • Send spam, unsolicited bulk messages, or harassing communications
  • Circumvent rate limits, security measures, or access controls of any third-party platform beyond what the Service is designed to do
  • Engage in any activity that is deceptive, abusive, or harmful to other users of any platform
  • Violate any applicable law, regulation, or third-party right
  • Resell, sublicense, or otherwise commercialize access to the Service without our written consent

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these prohibitions.

5. Acceptable Use

You may use the Service only for legitimate professional networking and outreach purposes. You agree to use the Service in a manner that mimics normal human usage patterns and does not place unreasonable load on any third-party platform's infrastructure.

6. Data and Privacy

6.1 Credentials

If you provide credentials or authentication tokens for third-party platforms, you do so at your own risk. We implement reasonable security measures to protect this information, but we cannot guarantee absolute security.

6.2 Data We Collect

We collect and process personal data as described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to such collection and processing.

6.3 GDPR and International Users

If you are located in the European Economic Area (EEA) or United Kingdom, our processing of your personal data is subject to applicable data protection law, including the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for details on your rights and our legal bases for processing.

7. Account Security

You are responsible for maintaining the security of your Emberly account. You must immediately notify us of any unauthorised use of your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account.

8. Subscription, Payment and Refunds

Subscriptions are billed in advance on the cycle selected at sign-up (monthly or annually). We reserve the right to change pricing with reasonable notice.

Monthly subscriptions may be cancelled at any time. Cancellation takes effect at the end of the current billing period. We do not offer prorated refunds for partial months.

Annual subscriptions cancelled within 14 days of purchase are eligible for a full refund. After 14 days, annual subscriptions are non-refundable but remain active until the end of the billing period.

EU customers: In accordance with EU consumer law, you have the right to withdraw from your purchase within 14 days. By accessing the Service before this period expires, you acknowledge that you waive this right to the extent permitted by applicable law.

We will consider refund requests on a case-by-case basis for service outages exceeding 48 hours or technical issues that prevent use of the Service. To request a refund, contact support@emberly.so with your account email and reason for the request. We aim to respond within 3 business days.

9. Disclaimer of Warranties

THE SERVICE 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, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
  • ANY RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
  • THE SERVICE WILL REMAIN COMPATIBLE WITH ANY THIRD-PARTY PLATFORM
  • YOUR THIRD-PARTY PLATFORM ACCOUNTS WILL NOT BE RESTRICTED OR BANNED AS A RESULT OF USING THE SERVICE

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMBERLY, ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS OR REVENUE
  • LOSS OF DATA OR BUSINESS OPPORTUNITIES
  • RESTRICTION OR TERMINATION OF YOUR THIRD-PARTY PLATFORM ACCOUNTS
  • DAMAGES ARISING FROM THIRD-PARTY PLATFORM POLICY CHANGES

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Emberly and its directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party platform's terms of service or policies
  • Your violation of any applicable law or regulation
  • Any content or communications sent through the Service by you or on your behalf

12. Intellectual Property

The Service and all related technology, software, and content are owned by Emberly and protected by applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we determine violates these Terms or is harmful to other users, third parties, or the Service. Upon termination, all licences granted to you under these Terms will immediately cease.

14. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by email or by prominent notice within the Service. Continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

15. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Emberly is incorporated, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Emberly with respect to the Service and supersede all prior agreements and understandings.

18. Contact

For questions about these Terms: legal@emberly.so