Terms of Use
Version 2026-08-01 · Last Updated: August 1, 2026 · Emberline is provided by Emberline, Inc. ("Emberline", "we", "us", "our").
These Terms of Use (the "Terms") form a binding agreement between you and Emberline, Inc. governing your access to and use of the Emberline platform, websites, applications, and related services (collectively, the "Services"). By creating an account, checking the agreement box during signup, or otherwise accessing the Services, you accept these Terms on behalf of yourself and the business you register (together, "you", "your", or your "Workspace"). If you do not agree, do not use the Services. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.
1. Definitions
- "Services" — the Emberline CRM, marketing tools, website builder, document and e-signature tools, APIs, and all associated software and websites.
- "Workspace" — the isolated tenant environment we provision for your business, including its users, data, and settings.
- "Member" or "User" — any individual you invite to and authorize within your Workspace, each consuming a seat.
- "Member Content" — all data, files, contact records, messages, documents, media, listings, and other materials you or your Users submit to, store in, or generate through the Services.
- "Contact" — an individual whose information is stored in your Workspace, such as a lead, client, or prospect.
- "Add-On" — an optional paid product or feature you may enable in addition to your plan, such as Intelligence or the Website product.
- "Credits" — the metered units consumed by certain AI-assisted and high-volume features.
2. Account Registration
To use the Services you must register a Workspace and provide accurate, current, and complete information, including a valid payment method and billing contact. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Workspace and its accounts. Seats are per individual; sharing a single login among multiple people is prohibited. You must promptly notify us of any unauthorized access or suspected security incident. You must be at least 18 years old to open an account.
3. Acceptable Use
You agree to use the Services only for lawful purposes and in compliance with all applicable laws, regulations, and industry rules, and to ensure that your Users do the same. You are solely responsible for your Member Content and for all communications you send through the Services.
3.1 Email and anti-spam (CAN-SPAM)
You may send email through the Services only to recipients from whom you have a lawful basis to contact. Every commercial message you send must comply with the U.S. CAN-SPAM Act and comparable laws, including using accurate header and "from" information, non-deceptive subject lines, identification of the message as an advertisement where required, a valid physical postal address, and a functioning unsubscribe mechanism that you honor promptly. The Services attach one-click unsubscribe and maintain per-sender suppression on bulk email; you must not disable, obscure, or circumvent these controls, and you must not send to addresses that have unsubscribed or bounced. The use of purchased, rented, scraped, or otherwise non-consented lists is prohibited.
3.2 Calling and texting (TCPA and Do-Not-Call)
Where you use any calling or texting features or call/text packages, you are solely responsible for compliance with the U.S. Telephone Consumer Protection Act (TCPA), the FTC and FCC telemarketing rules, the National and applicable state Do-Not-Call (DNC) registries, wireless carrier requirements, and all consent, identification, opt-out, calling-time, and record-keeping obligations. You must obtain and maintain the level of prior express consent required for the type of call or message you send, scrub against DNC and internal opt-out lists, and immediately honor stop and opt-out requests. You are the sole initiator and sender of all calls and messages you transmit through the Services.
3.3 Prohibited uses
You will not, and will not permit any User or third party to:
- send spam, unsolicited bulk communications, or messages to non-consented recipients;
- upload or transmit unlawful, infringing, defamatory, deceptive, discriminatory, or harmful content, or content that violates fair-housing or consumer-protection laws;
- attempt to access, probe, or interfere with another Workspace's data, our infrastructure, or any security or isolation controls;
- reverse engineer, decompile, scrape, or build a competing product from the Services, except to the extent this restriction is prohibited by law;
- resell, sublicense, or provide the Services to third parties without a separate written agreement;
- transmit malware, launch denial-of-service attacks, or impose an unreasonable load on shared infrastructure, including our shared email-sending reputation;
- use the Services to violate any person's privacy rights or to misuse personal information; or
- misrepresent your identity or the origin of any communication.
We may suspend or throttle any Workspace whose activity threatens the security, integrity, legal standing, or deliverability of the shared platform, with or without prior notice where necessary.
4. The Services
4.1 CRM and marketing
Emberline provides a real-estate customer-relationship-management platform, including lead capture and ingestion, speed-to-lead alerting, pipelines, tasks, an inbox, contact management, analytics, lead-source tracking, data import, hosted capture pages, a first-party site pixel, automations, email drips and blasts, and marketing tooling. We may add, modify, or retire features over time.
4.2 Real-estate websites and MLS/IDX data
Through the Sites studio and the optional Website product, you may build and publish public-facing real-estate websites using drag-and-drop tools, templates, reusable property blocks, and connected custom domains. Property listings may be displayed as manually entered records or, where available, through MLS/IDX (Internet Data Exchange) feeds. MLS/IDX data is provided by third-party sources and multiple listing services and is presented on an "as available" basis; it may be delayed, incomplete, or inaccurate, is subject to the rules and license terms of the originating MLS, and may be withdrawn at any time. You are responsible for complying with all MLS, IDX, and franchise display rules applicable to your listings and website, and for the accuracy of any manual listings you enter. Emberline does not warrant the availability, accuracy, or completeness of any listing data.
4.3 Web and mobile applications; updates and early access
The Services are delivered as web applications and may be offered through other clients over time. We continuously improve the Services and may deploy updates, changes, and fixes without prior notice. We may offer beta, preview, or early-access features that are provided "as is," may be changed or discontinued, and may be subject to additional terms.
4.4 Add-on products
Optional Add-Ons — such as the Website product and the hyperlocal SEO site — may be enabled for additional recurring fees and, where applicable, one-time setup fees. AI usage is metered by a separate AI-credit allowance included with your plan (Intelligence features are included on Pro and up); additional AI credits may be purchased. Add-Ons and credits are governed by these Terms and by any product-specific terms presented at purchase.
4.5 AI-generated content
Certain features use artificial intelligence, in part through third-party AI providers, to generate drafts, scores, extractions, and suggestions (for example, lead scoring, thread-aware email drafts, inbound email parsing, and related intelligence features). AI output is assistive and probabilistic: it may be inaccurate, incomplete, or unsuitable, and it is not legal, financial, or professional advice. You must review AI output before relying on or sending it, and you are solely responsible for all content your Workspace publishes or transmits. AI features are metered in Credits, and the estimated Credit cost is shown before a metered action.
4.6 Call/text packages and marketing services
Where offered, call/text packages and marketing services are subject to the acceptable-use and compliance obligations in Section 3, any applicable usage allowances, and additional terms presented at purchase.
5. Support
We provide support and onboarding as described for your plan, which may include human onboarding and data-migration assistance covered by your setup fee. Support is provided during our normal business hours and on a commercially reasonable-efforts basis. We do not guarantee any specific response or resolution time unless separately agreed in writing.
6. Payment and Fees
6.1 Charges, currency, and taxes
Fees are stated and billed in U.S. dollars unless otherwise indicated, and are processed through our payment processor, Stripe. You enter and store your card details directly with Stripe; we do not see or store full card numbers. Fees are exclusive of taxes, and you are responsible for all applicable sales, use, VAT, and similar taxes, other than taxes on our net income.
6.2 Setup and activation fees
Each plan carries a one-time setup or activation fee that covers onboarding work, including data migration. The setup fee is non-refundable once onboarding work has begun. For annual billing where offered, you pay for ten months and receive twelve, and the setup fee is reduced by half.
6.3 Automatic renewal
Subscriptions are billed in advance and renew automatically for successive periods (monthly, or annually where selected) at the then-current rates until cancelled. By subscribing you authorize us and Stripe to charge your payment method on file for each renewal, plus any applicable usage, Add-On, seat, or Credit charges. We may change prices with at least 30 days' notice, effective at your next renewal.
6.4 Late and failed payments
If a charge fails, we may retry it, and we may suspend or limit the Services until payment is resolved. Continued non-payment may result in termination and deletion of your Workspace as described below.
6.5 Cancellation and refunds
You may cancel at any time from your billing settings. Cancellation takes effect at the end of the current billing period, and no further renewals are charged. Except where required by law or expressly stated, fees already paid are non-refundable, including setup fees and Credit-pack purchases, and we do not provide prorated refunds for partial periods.
6.6 Chargebacks
If you dispute a charge, please contact us first at support@emberline.app so we can resolve it. Initiating a chargeback or payment reversal for a legitimate charge may result in suspension of your Workspace, and we reserve the right to contest invalid chargebacks and recover associated costs.
6.7 New features and charges
We may introduce new features, Add-Ons, or usage-based charges. New paid features are optional; where a feature you already pay for changes to a paid model, we will provide notice, and continued use of the paid feature after the effective date constitutes acceptance of the charge.
7. Content and Ownership
7.1 Your content and license to us
You retain all rights in your Member Content. You grant Emberline a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and adapt Member Content solely as necessary to operate, secure, support, and improve the Services and to provide them to you. You represent that you have all rights and consents needed for us to process your Member Content, including any personal information of your Contacts.
7.2 Our intellectual property
The Services, including all software, designs, templates, trademarks, and documentation, are owned by Emberline or its licensors and are protected by intellectual-property laws. Except for the limited right to use the Services under these Terms, no rights are granted to you. Any feedback you provide may be used by us without restriction or obligation.
7.3 Lead ownership
Contacts and lead records in your Workspace belong to you. We do not sell your Contacts, use them for cross-Workspace advertising, or share them with other customers. Workspace data is isolated at the database layer.
7.4 Account transfer
You may not transfer or assign your Workspace or account to another party without our prior written consent, except that an account may be transferred to a successor of your business subject to our verification and these Terms.
8. Loss of Data on Cancellation
You can export your Member Content (JSON and CSV) at any time while your subscription is active. After cancellation, your Workspace data remains available for export for 90 days, after which it may be permanently deleted and cannot be recovered. If you delete your Workspace in-app, its data is destroyed immediately. You are responsible for maintaining your own backups of any data you wish to keep.
9. Third-Party Services
The Services integrate with or rely on third-party products and services (for example, payment processing, email delivery, hosting, AI providers, MLS/IDX sources, and domain and DNS providers). Your use of any third-party service is governed by that provider's terms, and we are not responsible for third-party services or content. Third-party integrations may change or become unavailable.
10. Equal Housing Opportunity
Emberline supports equal housing opportunity. You must comply with the U.S. Fair Housing Act, the Equal Credit Opportunity Act, and all applicable federal, state, and local fair-housing and anti-discrimination laws in your marketing, communications, targeting, and website content. You must not use the Services to discriminate against any person on the basis of race, color, religion, sex, familial status, national origin, disability, or any other protected characteristic.
11. Copyright and DMCA
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe content on the Services infringes your copyright, send a written notice to legal@emberline.app including: identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a statement of good-faith belief that the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and you are authorized to act; and your physical or electronic signature. We may remove infringing material and terminate repeat infringers.
12. Termination
You may terminate by cancelling and deleting your Workspace. We may suspend or terminate your access, with or without notice, if you breach these Terms, fail to pay, create legal or security risk, or as required by law. Upon termination, your right to use the Services ceases and the data provisions of Section 8 apply. Sections that by their nature should survive termination will survive, including those relating to ownership, payment obligations, disclaimers, limitation of liability, indemnification, and governing law.
13. Privacy
Our Privacy Policy and Cookie Policy describe how we handle personal information and cookies. With respect to your Contacts' personal information, you act as the controller and we process it on your instructions as your service provider.
14. Indemnification
You will defend, indemnify, and hold harmless Emberline, its affiliates, and their officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: your Member Content; your use of the Services; your communications, including any email, call, or text you send; your violation of these Terms or of any law (including CAN-SPAM, the TCPA, DNC rules, and fair-housing laws); or your infringement of any third-party right.
15. Disclaimer of Warranties
The Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, that alerts, emails, calls, texts, automations, or integrations will always be delivered or timely, or that listing or AI-generated data will be accurate. You should not rely on the Services as your sole safeguard for time-critical or legal obligations.
16. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the Services or these Terms, even if advised of the possibility. Emberline's total aggregate liability for all claims arising out of or related to the Services or these Terms will not exceed the fees you paid to us for the Services in the three months immediately preceding the event giving rise to the claim.
17. Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The exclusive venue for any dispute not subject to the User Disputes section below lies in the state and federal courts located in Delaware, and you consent to their jurisdiction.
18. General and Notices
We may provide notices to you in-app or by email to your Workspace's contact address. You may send legal notices to Emberline, Inc. at legal@emberline.app. Notices are effective when sent. It is your responsibility to keep your contact information current.
19. User Disputes
Emberline is not a party to and is not responsible for disputes between you and your Contacts, your Users, other customers, or any third party. You are solely responsible for your relationships and communications with your Contacts and clients, and you release Emberline from claims arising out of such disputes.
20. Miscellaneous
These Terms, together with the Privacy Policy, Cookie Policy, and any plan or Add-On terms, are the entire agreement between you and Emberline regarding the Services. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. Nothing creates a partnership, agency, or employment relationship. We are not liable for delays or failures caused by events beyond our reasonable control. We may update these Terms; material changes will be notified in-app or by email at least 14 days before they take effect, and continued use after the effective date constitutes acceptance. The version you accepted, and when, is recorded in your Workspace's audit log.
21. Contact
Emberline, Inc.
Legal: legal@emberline.app
Support: support@emberline.app
See also the Privacy Policy and Cookie Policy.