Embersona

Terms of Service

Effective date: [EFFECTIVE DATE]  ·  Last updated: [EFFECTIVE DATE]

These Terms of Service ("Terms") are a legal agreement between you ("you," "Creator") and [LEGAL ENTITY NAME] ("Embersona," "we," "us," or "our"), the operator of the Embersona service (the "Service"). By creating an account, connecting your Fanvue account, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What Embersona is

Embersona is an AI-assisted messaging tool for adult content creators. When you connect your Fanvue account, the Service can read incoming messages from your subscribers and generate and send replies on your behalf, including promoting and offering the content you have made available to it. You remain in control of your account and can pause, review, or disconnect the Service at any time.

2. Eligibility

3. Your account and your Fanvue connection

You connect your Fanvue account through Fanvue's official authorization (OAuth). We never ask for, store, or want your Fanvue password. We store only the access token Fanvue issues, and we request only the permissions (scopes) the Service needs to operate. You can revoke that access at any time from your Fanvue account or by disconnecting within Embersona.

4. Your responsibilities

5. AI-generated content

Replies produced by the Service are generated by automated systems and may occasionally be inaccurate, off-tone, or inappropriate despite our safeguards. You acknowledge that the Service can make mistakes, and you are responsible for monitoring and, where you choose, reviewing its activity on your account. We provide controls to pause and review, and we recommend you use them.

6. Fees and payment

Access to the Service is offered on the plans described at sign-up. By subscribing you authorize us (or our payment processor) to charge the applicable fees on a recurring basis until you cancel. Fees are stated exclusive of taxes unless noted; you are responsible for any applicable taxes. Except where required by law, fees are non-refundable. We may change pricing with reasonable advance notice; changes apply to the next billing cycle.

7. Acceptable use

You agree not to: (a) reverse engineer, resell, or sublicense the Service except as permitted; (b) attempt to gain unauthorized access to our systems or other users' data; (c) use the Service to send spam, malware, or unlawful content; or (d) interfere with the Service's operation or security.

8. Intellectual property

We own the Service, its software, and its branding. You own your content. You grant us a limited license to process your content solely to operate the Service for you. This license ends when you delete the content or close your account, subject to short technical retention described in our Privacy Policy.

9. Third-party services

The Service relies on third parties, including Fanvue, our payment processor, and our cloud and AI model infrastructure providers. Your use of those services is subject to their own terms, and we are not responsible for their acts or omissions.

10. Suspension and termination

You may stop using the Service and disconnect at any time. We may suspend or terminate your access if you breach these Terms, if required by Fanvue or by law, or to protect the Service or others from harm. On termination, your right to use the Service ends and we will delete or de-identify your data as described in our Privacy Policy.

11. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI-generated messages will meet your expectations.

12. Limitation of liability

To the maximum extent permitted by law, Embersona will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising from your use of the Service. Our total liability for any claim will not exceed the amount you paid us for the Service in the three (3) months before the event giving rise to the claim.

13. Indemnification

You agree to indemnify and hold Embersona harmless from claims, damages, and expenses (including reasonable legal fees) arising from your content, your use of the Service, or your breach of these Terms or applicable law.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by a reasonable means. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing law

These Terms are governed by the laws of [STATE / COUNTRY], without regard to its conflict-of-laws rules. Any disputes will be resolved in the courts located in [JURISDICTION], unless applicable law requires otherwise.

16. Contact

Questions about these Terms? Contact us at [SUPPORT EMAIL].

Draft template. Replace every bracketed field before publishing, and have a lawyer review this document. It is a starting point, not legal advice.