Who these terms are between
These terms are an agreement between Drawbridge Automations LLC, doing business as Emberway ("Emberway", "we"), and the organization that signs up for Emberway ("the organization"). The organization is the only customer. Staff, managers, and reps use Emberway on the organization's behalf. By signing up for or using Emberway, the organization agrees to these terms.
The service
Emberway is a relationship engagement platform. It helps organizations organize their records, match people with reps, check in on relationships, track outcomes, and recognize the reps who made them happen.
Team members and reps
Team members join only by invitation from the organization. Each team member accepts a short set of user terms the first time they sign in. The organization is responsible for what its team members do in Emberway, for making sure they follow these terms, and for removing access when someone leaves. The organization is also responsible for the accuracy of account information, for keeping credentials confidential, and for the access it grants.
Plans and pricing
Plans are monthly. Free, Team, Network, and Coalition each allow up to a set number of reps and active relationships. An active relationship is one assigned to a rep and not closed; unassigned relationships are free. When an organization on one of those plans reaches its limit, it can't add more reps or active relationships until it moves to a larger plan. Unlimited has no cap on reps or active relationships. Unlimited is 9 cents per active relationship per month, $539 monthly minimum. An upgrade takes effect right away, and the difference is prorated for the rest of the billing period. To move to a smaller plan, the organization first reduces its reps and active relationships to fit that plan. There are no onboarding fees.
Billing, renewal, and cancellation
Plans are billed monthly at the organization level and renew automatically. Stripe is the payment processor. Team members and reps are not billed separately. Fees exclude taxes, and the organization pays applicable taxes. An organization can cancel at any time, and the cancellation takes effect at the end of the current month. We don't give refunds for partial months. If a payment fails, we will give notice. If the payment stays unpaid after that notice, we may suspend access until it succeeds. We will give at least 60 days' notice before any price change.
Beta
Emberway is in beta and is provided as is. Features may change or be removed while we build it. Beta pricing may change when Emberway becomes generally available, with at least 60 days' notice.
Free sandbox and trial
We may offer a free sandbox or trial so an organization can try Emberway before it pays. A sandbox or trial is provided as is. We may limit it, including its features, records, reps, or length, and we may end it at any time. Data in a sandbox or trial may be deleted after the trial ends, including if the organization does not move to a paid plan. The export window under Leaving Emberway applies after a paid subscription ends. It does not require us to keep sandbox or trial data.
AI usage
Each plan includes a monthly AI amount. AI top ups come from a prepaid balance at cost. The minimum top up is $5. We will give at least 60 days' notice before changing included amounts or rates.
AI features
AI suggestions (such as matches between people and reps, summaries, and next steps) can be wrong, and we don't guarantee their accuracy or results. Team members should review them before acting on them. That output is decision support only. It is not professional, financial, or legal advice. The organization owns the prompts and instructions it writes or edits. Customer data is not used to train AI models. Our AI provider is listed in our Privacy Policy.
The organization's data
The organization owns the data it brings into Emberway and everything Emberway creates from it, including AI summaries, the history log, scores, and enrichment such as home values. We use it only to provide the service, as described in our Privacy Policy. We may use aggregated usage statistics that do not identify any organization or person to run and improve Emberway.
Leaving Emberway
After an organization cancels, it can export its data as CSV for 30 days. We delete the organization's data within 30 days after that export window closes.
Acceptable use
The organization is responsible for having a lawful basis to collect, upload, and contact the people in its records. Emberway may not be used for spam, harassment, unlawful data collection, or anything that breaks the law. It also may not be used to attempt unauthorized access, to interfere with the service or other customers, or to violate someone else's rights.
Children
Emberway is not directed to children under 13. We do not knowingly collect personal information from children under 13, and the organization will not use Emberway to do so. If we discover that we have collected personal information from a child under 13, we will delete it.
Recognition and commissions
Emberway tracks outcomes and calculates the recognition and commissions the organization sets up. Emberway does not pay those amounts, and it is not anyone's employer. Stripe processes the organization's subscription fees, as described under Billing, renewal, and cancellation. The organization reviews, approves, and pays any recognition or commission amounts, and is responsible for taxes on those amounts and for how it classifies its reps. The organization should review every calculation before approving it. Emberway is not liable for calculation errors the organization didn't catch before approving.
Connected systems
Connecting a mailbox, or the CRM and fundraising systems your organization chooses to connect, is optional and also governed by that service's own terms. A connected mailbox is read only. Emberway does not send, change, or delete anything in that mailbox, and it does not change Google Contacts. Emberway reads from or writes to a connected CRM only as the organization sets up. We aren't responsible for changes written to a connected system or for outages at third party services. The organization should keep its own backups of connected systems.
Uptime and support
We work to keep Emberway available, but we don't guarantee uptime or offer service credits. We aim to answer support requests within one business day. Reminders and follow up messages in Emberway are tools to help teams. They are not a guarantee that every relationship will reach an outcome.
Emberway Services
Custom setup, automation, and other direct work are Emberway Services. Each plan includes a bucket of service hours provided once. Work beyond those hours is billed hourly, and each project has its own statement of work. Emberway keeps ownership of what it builds and gives the organization a license to use it for as long as it subscribes. Services are provided as is. Liability for that work follows the cap under Limitation of liability.
Confidentiality
Each side will keep confidential any information of the other side that is not public, and will use it only for this agreement.
Disclaimer of warranties
Emberway helps an organization organize its records, match people with reps, check in on relationships, track outcomes, and recognize the reps who made them happen. We do not warrant that matches, summaries, scores, home value estimates, commission calculations, messages, or other results will be accurate or complete, or that they will produce a particular relationship or fundraising outcome. Except as these terms say otherwise, Emberway, including a free sandbox or trial and Emberway Services, is provided as is and as available. We disclaim all warranties, whether express or implied, including any implied warranty of fitness for a particular purpose and any warranty that Emberway does not infringe someone else's rights.
Limitation of liability
To the fullest extent the law allows, neither side is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost donations, lost data, or missed relationship outcomes, arising from use of Emberway. This includes claims about an AI suggestion, a score, a commission calculation the organization approved, a message sent at the organization's or a team member's direction, or a change written to a connected system. Each side's total liability for a claim is limited to the greater of the fees the organization paid in the prior 12 months or $100.
Termination
The organization may cancel at any time, as described under Billing, renewal, and cancellation, and may export or request deletion of its data, as described under Leaving Emberway. We may suspend or end access if the organization materially breaks these terms, if a payment stays unpaid after the notice described under Billing, renewal, and cancellation, or if continued access would put the service, another customer, or the people in the organization's records at risk. When we can, we will tell the organization and leave time to export before we delete its data.
Governing law and disputes
These terms are governed by the laws of the State of Maine, without regard to its conflict of laws rules. An individual claim may be brought in small claims court. Every other dispute arising out of these terms or Emberway will be resolved by binding arbitration under the AAA Commercial Arbitration Rules. The venue is Portland, Maine. Either side may opt out of arbitration by sending written notice to the other within 30 days after the organization first accepts these terms. Notice to Emberway must be sent to the address under Notices. Opting out of arbitration does not cancel the rest of these terms.
Data processing addendum
A data processing addendum is available to organizations on request.
Legal terms
- Each side will defend the other against third party claims caused by its own breach of these terms or misuse of the service.
- We will give organizations reasonable notice of material changes to these terms.
Notices
Notices to Emberway go to Drawbridge Automations LLC, doing business as Emberway, 59 Orland St, Portland, ME 04103, barrett@emberway.ai.
Questions
Questions about these terms: barrett@emberway.ai