Terms of Service

These Terms of Service ("Terms") govern your access to and use of EMBER (the "Service"), provided by EMBER GEMWORKS CO. LIMITED, a company registered in Hong Kong SAR ("EMBER," "we," "us," or "our"). By accessing or using the Service you agree to be bound by these Terms; if you do not agree, please do not use the Service.

1. Eligibility

You must be at least 18 years old to use the Service. By using it, you represent that you meet this requirement. The Service is intended for business use by jewelry brands and professionals producing product imagery, not for general consumer use.

2. Changes to the Service

We continue to develop the Service. Features and functionality may change, be added, or be discontinued over time, and we do not guarantee any particular level of uptime or availability.

3. Accounts and Guest Access

You may use certain features without registering an account ("guest access"), subject to a limited credit allowance tied to your session. You can create a registered account with an email address (confirmation required) or by signing in with Apple or Google. You're responsible for maintaining the confidentiality of your credentials and for all activity under your account. We may suspend or terminate access, without notice, if we reasonably believe you've violated these Terms, abused the Service — including circumventing credit or rate limits — or engaged in fraudulent, harmful, or illegal activity.

4. Your Content

You retain full ownership of the photographs, renders, and sketches you upload and of the images the Service generates for you; we don't claim ownership over either. To operate the Service, you grant us a limited, worldwide license to host, store, process, and transmit that content — including sending it to our AI processing sub-processor(s), described in our Privacy Policy — solely to provide the Service to you. This license ends when the content is deleted, except for brief residual copies purged in the ordinary backup cycle.

You're solely responsible for what you upload. By uploading content, you represent that you own the jewelry depicted or have the rights to upload it and generate derivative images from it; that your upload doesn't infringe anyone's intellectual property (for example, the Service may not be used to generate images of counterfeit jewelry or infringing designs); and that your upload does not depict a minor — anyone under 18 — wearing or modeling jewelry, in any context, regardless of whether the subject is your own model, a stock photo, or anyone else. We may remove content or suspend access if we reasonably believe this section has been violated.

Generated images are produced algorithmically using third-party AI models and may not perfectly preserve every detail of your original jewelry. You're responsible for reviewing generated images before using them commercially, and we make no guarantee of any particular quality or accuracy.

5. Acceptable Use

You agree not to use the Service for any unlawful purpose or to upload content you don't have the right to use; attempt to circumvent credit limits, rate limits, or other technical restrictions; reverse-engineer or attempt to extract the underlying models or source code of the Service; use automated means (scrapers, bots) outside interfaces we provide; interfere with the integrity or performance of the Service; or upload content prohibited under Section 4, including images depicting minors or infringing third-party IP.

6. Plans, Credits, and Billing

EMBER offers subscription plans, billed in advance and renewed automatically each period until cancelled, each including a monthly allotment of generation credits; a limited free allotment is also available without a subscription. Standard generations and Premium Studio generations consume credits at the rates shown in the Service at the time of use. We may change credit allowances or pricing for future billing periods, with notice where reasonably practicable.

Subscriptions bought on our websiteare billed through our payment processor, Stripe, and can be managed or cancelled at any time from your account's billing portal.

Subscriptions bought in our iOS app are billed by Apple to your Apple ID account when you confirm the purchase. They renew automatically at the price and period shown unless cancelled at least 24 hours before the end of the current period, and your account is charged for renewal within 24 hours before the period ends. You can manage or cancel them in your App Store account settings. Deleting your EMBER account does not cancel an App Store subscription.

7. Refund Policy

Subscription fees are generally non-refundable once a billing period has started, except where required by law. If a specific generation fails due to a technical error on our side, the credit for that request is automatically returned to your account — you are never charged a credit for a generation that didn't complete. If you believe you were charged in error, or you'd like to request a refund of unused prepaid credits within 14 days of purchase, contact us at support@emberjewelry.ai and we'll review it in good faith. Refunds for purchases made through Apple's App Store are handled by Apple under its own policies; you can request one at reportaproblem.apple.com.

8. Termination

You may stop using the Service or request deletion of your account at any time (see our Privacy Policy for how account deletion works). We may suspend or terminate your access at any time for the reasons described above, or because we're discontinuing the Service.

9. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the Service will be uninterrupted, error-free, or secure, or that AI-generated output will meet your expectations.

10. Limitation of Liability

To the maximum extent permitted by law, EMBER GEMWORKS CO. LIMITED and its officers, employees, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or goodwill, arising from your use of the Service. Our total liability for any claim is limited to the amount you paid us in the 12 months before the claim arose.

11. Indemnification

You agree to indemnify and hold harmless EMBER GEMWORKS CO. LIMITED from claims, damages, or expenses (including reasonable legal fees) arising from your violation of these Terms or your misuse of the Service, including content you upload in violation of Section 4.

12. Our Intellectual Property

The Service itself — including its software, design, and branding, but excluding your own content — is owned by EMBER GEMWORKS CO. LIMITED. These Terms don't grant you rights to our trademarks, branding, or underlying technology beyond what's necessary to use the Service as intended.

13. Intellectual Property Concerns

If you believe content on the Service infringes your intellectual property rights, contact us at support@emberjewelry.ai with a description of your concern and your contact information, and we'll look into it.

14. Governing Law

These Terms are governed by the laws of Hong Kong SAR, without regard to conflict-of-laws principles, and any dispute is subject to the exclusive jurisdiction of the courts of Hong Kong SAR.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we'll update the date above and, where appropriate, notify you directly. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Apple App Store Terms

If you use our iOS app downloaded from Apple's App Store, these Terms apply between you and EMBER GEMWORKS CO. LIMITED only, not Apple, and we — not Apple — are solely responsible for the app and its content. Your license to use the app is limited to Apple-branded devices you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) of the app; to the maximum extent permitted by law, Apple has no other warranty obligation for the app. We, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, consumer-protection or privacy claims, and claims that it infringes a third party's intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. Contact

Questions about these Terms? Reach us at support@emberjewelry.ai.