Terms of Service

1. About Emberly

Emberly ("Emberly," "we," "us," or "our") is a platform for cigar and spirit enthusiasts that provides AI-powered cigar identification, digital collection management, spirit pairing recommendations, community features, reviews, shop discovery, and related services (collectively, the "Platform"). These Terms govern your use of the Platform, including our website at emberly.app, our mobile applications, and any related services.

2. Eligibility

You must be at least 21 years of age to use Emberly. By using the Platform, you represent and warrant that you are at least 21 years old and legally permitted to purchase and use tobacco and alcohol products in your jurisdiction. Emberly is not intended for use by minors, and we do not knowingly collect information from anyone under 21.

3. Account Registration

To access most features, you must create an account. You agree to:

• Provide accurate, complete, and current registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Service Availability

Emberly is a live product that continues to evolve. By using the Platform, you acknowledge that:

• The Platform is in active development and may contain bugs, errors, and incomplete features
• Features may change, be removed, or behave unexpectedly at any time without notice
• Your data may be reset, migrated, or affected by platform changes during onboarding
• Access may be limited or suspended if you violate these Terms
• You agree to provide honest feedback to help improve the Platform

We may update features, pricing, and terms as the product evolves. Material changes will be communicated through the Platform or via email where appropriate.

5. User-Generated Content

5.1 What Constitutes User Content

"User Content" means any content you submit, upload, post, or otherwise make available through the Platform, including but not limited to: photographs and images of cigars, cigar bands, spirits bottles, and related items; written reviews, tasting notes, and descriptions; pairing recommendations and ratings; profile information; messages and posts; and any other data or media you contribute.

5.2 License Grant for User Content

By submitting User Content to Emberly, you grant Emberly a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, store, process, display, distribute, modify, create derivative works from, and otherwise exploit your User Content in connection with operating, improving, and promoting the Platform.

This license applies to all User Content you submit, including photographs of cigars and spirits. This means we may use images you upload to display within the Platform, improve our catalog, and enhance the user experience for other members of the community.

5.3 Photographs, Images & AI Training Data

This section is particularly important. Please read it carefully.

When you submit photographs through Emberly — including photos taken with the AI cigar scanner, photos uploaded to reviews, pairing posts, or your profile — you grant Emberly the right to use those images as training data for our artificial intelligence and machine learning models, including our cigar identification engine.

Specifically, you acknowledge and agree that:

• Aggregation: Your submitted images may be aggregated with images from other users to create training datasets used to improve Emberly's AI identification accuracy and capabilities.
• Anonymization: Images used for AI training purposes will be processed in aggregated, anonymized datasets. Personal identifying information will not be associated with images used for AI model training.
• Improvement: Your image contributions directly help Emberly build a more accurate and comprehensive cigar identification model that benefits the entire community.
• No compensation: You will not receive compensation for the use of your images as AI training data beyond the continued access to and improvement of the Emberly Platform itself.
• Retention: Images submitted to the Platform may be retained by Emberly for the purposes described herein even if you delete your account, subject to our Privacy Policy.

If you do not agree to the use of your submitted photographs as described above, you should not use the AI scanner feature or upload images to the Platform.

5.4 Your Ownership

You retain all ownership rights to User Content you create. The license you grant Emberly does not transfer ownership of your content. You represent and warrant that you own all rights to your User Content or have obtained all necessary permissions to grant Emberly the licenses described herein.

5.5 Prohibited Content

You agree not to submit User Content that:

• Infringes any third party's intellectual property rights
• Is defamatory, harassing, abusive, or threatening
• Contains sexually explicit material or graphic violence
• Promotes illegal activity
• Contains malware, viruses, or malicious code
• Impersonates any person or entity
• Is spam or commercial solicitation not authorized by Emberly

6. Intellectual Property

The Emberly Platform, including its design, software, AI models, catalog data, brand, logos, and all content created by Emberly (excluding User Content), is owned by or licensed to Emberly and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any Platform content without our express written permission.

The Emberly name, logo, and associated marks are trademarks of Emberly. You may not use our marks without prior written consent.

7. Community Standards & Conduct

Emberly is a community for enthusiasts. You agree to engage respectfully and in good faith. You will not:

• Harass, bully, or intimidate other users
• Post false or misleading reviews or ratings
• Manipulate the Platform's rating or review systems
• Use the Platform to collect data about other users without their consent
• Interfere with or disrupt the Platform or its servers
• Attempt to gain unauthorized access to any portion of the Platform
• Use automated tools (bots, scrapers) to access the Platform without permission

8. Third-Party Services

The Platform may integrate with or link to third-party services, including payment processors, mapping services, and social platforms. Your use of third-party services is subject to their respective terms and privacy policies. Emberly is not responsible for the practices of third-party services.

9. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. EMBERLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION.

Emberly does not warrant that cigar identification results will be accurate, that pairing recommendations will meet your expectations, or that the Platform will be available at all times. AI-generated identifications and pairing suggestions are informational only and should not be relied upon exclusively.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBERLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.

IN NO EVENT SHALL EMBERLY'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO EMBERLY IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Emberly and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third party's rights.

12. Termination

Emberly may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. You may delete your account at any time. Upon termination, your right to use the Platform ceases. Provisions of these Terms that by their nature should survive termination — including intellectual property, User Content licenses, disclaimers, and limitation of liability — will survive.

13. Changes to These Terms

We may update these Terms from time to time. We will notify registered users of material changes via email or through the Platform. Your continued use of the Platform after changes take effect constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

14. Governing Law & Disputes

These Terms are governed by the laws of the United States and the State of Florida, without regard to conflict of law principles. Any dispute arising from these Terms or the Platform shall be resolved through binding arbitration in accordance with the American Arbitration Association's Consumer Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property matters.

You waive any right to participate in a class action lawsuit or class-wide arbitration against Emberly.

15. Miscellaneous

These Terms constitute the entire agreement between you and Emberly regarding your use of the Platform. If any provision is found unenforceable, the remaining provisions continue in full force. Our failure to enforce any right is not a waiver of that right. You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.

16. Contact

Questions about these Terms? Contact us at:

Emberly
Email: legal@emberly.app
Website: emberly.app