Terms of Service

Please read these terms carefully before using Emberalis. By using our service, you agree to be bound by these terms.

Version 2.0 - effective July 9, 2026

Acceptance of Terms

Welcome to Emberalis. These Terms of Service ("Terms") govern your access to and use of our website, services, and applications (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to update and change these Terms at any time without notice. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

Description of Service

Emberalis is a digital safety platform that allows you to:

  • Store and manage important files and documents securely
  • Set up emergency contacts who can access your files
  • Configure automatic check-in reminders
  • Trigger emergency protocols if you fail to respond to check-ins
  • Share critical information with trusted contacts in emergencies

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

User Accounts

Account Creation

To use certain features of the Service, you must create an account. You must be at least 16 years old to create an account; by registering you declare that you meet this requirement. When creating an account, you agree to:

  • Be 16 years of age or older
  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your account credentials
  • Not share your account with others
  • Notify us immediately of any unauthorized use

Account Responsibilities

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account.

User Responsibilities

As a user of Emberalis, you are responsible for:

  • The accuracy of emergency contact information you provide
  • Responding to check-in reminders in a timely manner
  • Understanding that emergency protocols will be triggered if you fail to respond
  • The content of files you upload and store
  • Ensuring you have the right to share files with your emergency contacts
  • Maintaining appropriate backups of your important data

Prohibited Uses

You agree not to use the Service to:

  • Upload or share illegal, harmful, or offensive content
  • Violate any laws or regulations
  • Infringe on intellectual property rights of others
  • Upload malware, viruses, or other malicious code
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service or servers
  • Use the Service for spam or unsolicited communications
  • Impersonate others or provide false information
  • Harass, abuse, or harm other users
  • Use automated systems to access the Service without permission

Violation of these prohibitions may result in immediate termination of your account and legal action.

Intellectual Property

Our Content

The Service and its original content, features, and functionality are owned by Emberalis and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content

You retain all rights to the content you upload to the Service. By uploading content, you grant us a limited license to:

  • Store and process your content to provide the Service
  • Share your content with your designated emergency contacts when triggered
  • Make backups for service reliability and disaster recovery

We do not claim ownership of your content and will not use it for any purpose other than providing the Service.

Payment and Billing

Subscription Plans

Emberalis offers both free and paid subscription plans. Paid plans are billed monthly and automatically renew unless canceled.

Payment Processing

Payments are processed securely through Stripe. We do not store your credit card information. By providing payment information, you authorize us to charge your payment method for the applicable fees.

Refunds

We do not offer refunds for partial months. If you cancel your subscription, you will continue to have access to paid features until the end of your current billing period.

Price Changes

We reserve the right to modify our pricing at any time. Price changes will be communicated in advance and will apply to subsequent billing periods.

Check-In System

The check-in system is a core feature of Emberalis. By enabling check-ins, you acknowledge and agree that:

  • You will receive SMS notifications at the configured intervals
  • Failure to respond will trigger escalation protocols
  • After multiple reminders, your emergency contacts will be notified and granted access to your files
  • You are responsible for keeping your phone number current and accessible
  • SMS delivery depends on third-party services and may be delayed or fail
  • You should test the system to ensure it works as expected

We are not liable for any consequences resulting from missed check-ins or system failures.

Termination

By You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, your data will be deleted within 30 days unless retention is required by law.

By Us

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment of fees
  • Abusive behavior toward other users or our staff
  • Extended periods of inactivity

Death of the Account Holder

Emberalis is designed for exactly this situation. When the check-in protocol completes its escalation, your designated emergency contacts receive the access you configured; no court order or support request is needed for that. In addition:

  • Next of kin can request cancellation of a paid subscription via the contact page with reasonable proof (such as a death certificate); we cancel from the next billing cycle and refund any period already charged after the date of death
  • We cannot decrypt vault content for anyone: access only flows through the emergency protocol the account holder configured
  • Accounts with a completed emergency protocol are not deleted for inactivity while contacts still have access

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
  • WARRANTIES OF NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
  • WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF CONTENT
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED

We do not warrant that the Service will meet your requirements or that it will be suitable for any particular purpose. Your use of the Service is at your own risk. We aim for high availability and monitor the check-in protocol continuously (see the Trust Center), but we do not commit to a contractual uptime guarantee on consumer plans.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBERALIS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, data, or use
  • Loss of business opportunities
  • System failures or security breaches
  • Missed check-ins or failed notifications
  • Unauthorized access to your account
  • Actions of your emergency contacts

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Emberalis, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Content you upload or share through the Service

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement or violations of these Terms.

Changes to These Terms

Every change to these Terms gets a new version number. We notify users of material changes by email before they take effect. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

  • Version 2.0 (July 9, 2026): added the 16+ age requirement, death-of-account-holder and subscription survivorship clauses, availability clarification and versioning of this document.
  • Version 1.0 (December 1, 2025): initial terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Emberalis regarding the Service and supersede all prior agreements and understandings.

Contact Us

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

  • Email: legal@emberalis.com
  • Website: https://emberalis.com