Terms of Service

1. Acceptance of Terms

By accessing or using Ember, you agree to be bound by these Terms of Service. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Ember is an AI-powered front office platform designed for home services businesses (HVAC, plumbing, roofing, and similar trades). The service provides:

• AI voice agent for intelligent inbound call handling
• Automated job booking and scheduling
• Deposit collection and payment processing
• Marketing attribution and performance tracking
• Team management and role-based access
• Real-time business dashboard and reporting

The service is accessed at app.agentember.ai and is provided on a subscription basis.

3. Account Registration & Eligibility

To use Ember, you must:

• Be at least 18 years old
• Be authorized to bind the business entity you represent
• Provide accurate, complete information during registration
• Keep your account information current and accurate
• Maintain the confidentiality of your password and authentication tokens
• Be responsible for all activity on your account

One Ember account per business is permitted, though multiple team members can be granted access with different roles (owner, manager, technician). If you become aware of unauthorized access, you must notify us immediately at hello@agentember.ai.

4. Free Trial

Ember offers a 14-day free trial period with full feature access:

• Trial begins upon account creation
• No credit card is required to start a trial
• Full access to all platform features during the trial period
• If not converted to a paid plan, your account will automatically transition to expired status after 14 days
• We reserve the right to modify trial terms, duration, or availability at any time with notice

5. Subscription & Payment

Paid plans are billed monthly via Stripe:

• Pricing is as published on agentember.ai/pricing
• Prices are subject to change with 30 days' notice
• Per-call fees apply in addition to the base monthly subscription
• By providing payment information, you authorize recurring monthly charges
• Failed payments may result in service suspension or account termination
• You are responsible for all taxes and fees associated with your use

Billing inquiries and disputes should be directed to hello@agentember.ai.

6. AI Agent — Responsibilities & Limitations

Important: The AI agent represents your business. You are responsible for its accuracy and compliance.

Ember's AI voice agent acts as an extension of your front office and communicates on behalf of your business when handling inbound calls. The agent is trained to answer calls, collect information, and schedule appointments.

Your Responsibilities:

• Configuring accurate business information (hours, service areas, pricing)
• Providing correct service descriptions and capabilities
• Reviewing bookings, call logs, and transcripts regularly
• Correcting any inaccurate information the AI agent has conveyed
• Ensuring compliance with all applicable laws and regulations

Limitations & Disclaimers:

• The AI agent discloses its AI nature at the start of every call
• We do NOT guarantee the AI will handle every call scenario perfectly
• The AI may misunderstand callers, provide imprecise scheduling, or fail to detect emergencies in edge cases
• Ember is NOT a substitute for 911 or emergency services
• Callers experiencing emergencies should be directed to emergency services immediately

Liability Disclaimer:

Smera Entertainment LLC is NOT liable for: missed or misbookings caused by the AI agent, inaccurate information conveyed by the agent, failure to detect emergency situations, missed calls, or any business losses resulting from the AI agent's actions or errors. You assume all risk associated with relying on the AI agent's judgment.

7. Call Recording & Data

All inbound calls are recorded and automatically transcribed:

• You are responsible for compliance with applicable call recording and consent laws in your jurisdiction
• Some states (two-party consent jurisdictions) may require explicit verbal or written consent from callers before recording
• Ember provides an AI disclosure at the start of each call, but this may not satisfy all legal requirements in your state
• You must ensure any additional required disclosures are made
• Violations of recording laws are your responsibility and liability

You retain full ownership of your business data and caller data. Smera Entertainment LLC has a limited license to use this data to provide and improve the Ember service, including training our AI models to better serve all users.

8. Acceptable Use

You agree NOT to use Ember for any of the following:

• Outbound telemarketing, spam, or unsolicited calls
• Configuring the agent to make false, misleading, or deceptive claims about your business
• Any unlawful, fraudulent, or illegal purpose
• Attempting to reverse-engineer, decompile, hack, or gain unauthorized access to Ember
• Reselling, redistributing, or relicensing the service
• Using Ember to harass, threaten, abuse, or defame callers
• Interfering with other users' access to or use of the service
• Uploading malicious code, viruses, or attempting to exploit security vulnerabilities
• Violating any applicable laws or third-party rights

Violations of this section may result in immediate account suspension or termination without refund.

9. Intellectual Property

Ember, the Ember mascot, agentember.ai, and all associated trademarks, logos, and proprietary content are the exclusive property of Smera Entertainment LLC.

The Ember service, software, algorithms, documentation, and all related materials are proprietary and protected by copyright, patent, and other intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to use Ember solely for your own business purposes in accordance with these Terms. You may not modify, reproduce, distribute, or create derivative works based on the service without express written permission.

You retain full ownership of your business data and any content you upload to Ember.

10. Third-Party Integrations

Ember integrates with third-party services, including:

• Twilio (voice and SMS)
• Stripe (payment processing)
• Deepgram (speech-to-text and text-to-speech)
• Housecall Pro, Jobber, ServiceTitan (field service management)

Your use of these third-party services is governed by their respective terms of service, privacy policies, and data handling practices. Smera Entertainment LLC is not responsible for:

• Third-party service outages or disruptions
• Third-party data handling, security, or privacy practices
• Changes to third-party services or policies
• Any losses or damages resulting from third-party service failures

11. Termination

You may cancel your Ember account at any time:

• Via the Settings tab in your dashboard, or
• By emailing hello@agentember.ai with a termination request

Smera Entertainment LLC may suspend or terminate your account:

• For violation of these Terms
• For non-payment of subscription fees
• For engaging in unlawful or fraudulent activity
• At our sole discretion with written notice

Upon termination:

• Your access to Ember ceases immediately
• Your data is retained for 30 days, then permanently deleted
• Phone numbers allocated to your account are released back to our pool
• No refund of prepaid fees will be issued for early termination

12. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND.

Smera Entertainment LLC disclaims all warranties, express or implied, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

Limitation of Damages:

In no event shall Smera Entertainment LLC be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity, even if advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising under or relating to these Terms shall not exceed the total amount you paid us in the 12 months preceding the claim.

We are specifically NOT liable for:

• Actions taken or decisions made by the AI agent
• Missed, dropped, or misdirected calls
• Incorrect or incomplete bookings
• Failure to detect emergency calls
• Service interruptions or outages
• Third-party service failures
• Data loss or corruption
• Any business losses or lost revenue

13. Indemnification

You agree to indemnify, defend, and hold harmless Smera Entertainment LLC, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of Ember or the AI agent
• Your violation of these Terms
• Your violation of applicable laws or regulations
• Your failure to comply with call recording and consent laws in your jurisdiction
• Any claims by third parties (callers, regulatory agencies, etc.)
• Content or information you provide or configure in Ember

14. Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of laws provisions.

You agree to submit to the exclusive jurisdiction of the state and federal courts located in California for resolution of any disputes arising from these Terms or your use of Ember.

Before initiating legal proceedings, you agree to make a good-faith effort to resolve the dispute informally. You must contact Smera Entertainment LLC at hello@agentember.ai with a detailed written description of the dispute. We will attempt to resolve the matter within 30 days. If resolution cannot be achieved, either party may pursue legal action.

Each party is responsible for its own legal costs and attorney's fees unless a court awards them to the prevailing party.

15. Modifications to Terms

Smera Entertainment LLC may update or modify these Terms at any time. Material changes will be communicated to you via email or a prominent notice on your dashboard.

Your continued use of Ember after notification of changes constitutes your acceptance of the modified Terms. If you do not agree to changes, you must discontinue use of the service and may request account cancellation.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms of Service, together with the Privacy Policy and SMS Policy, constitute the entire agreement between you and Smera Entertainment LLC regarding your use of Ember and supersede all prior agreements, understandings, and negotiations, whether written or oral.

18. Contact Us

If you have questions about these Terms of Service, please contact us at: