Emberly Terms of Service

Effective date: 2026-05-09 Version: 1.0 Last updated: 2026-05-09

TL;DR

Emberly is a tool for wildfire-mitigation contractors to document inspection work. You own the content you create. We provide the tool "as is." We are a documentation tool — not an insurance advisor, an underwriter, or a guarantor of coverage; insurance decisions are between contractors, homeowners, and insurance carriers. Reports are AI-assisted but contractor-reviewed. Don't use Emberly for fraud. If we have a serious dispute, Colorado courts settle it. Questions: privacy@emberly.tech.

1. Acceptance

By creating an Emberly account, downloading the Emberly app, or using emberly.tech, you agree to these Terms of Service ("Terms") and to our Privacy Policy. If you do not agree, do not use Emberly.

These Terms form a binding agreement between you and Emberly LLC, a Colorado limited liability company (CO SOS ID 20261560568).

2. Eligibility

To use Emberly you must:

• Be at least 18 years old.
• Be a wildfire-mitigation contractor, defensible-space professional, fire-mitigation specialist, home-hardening installer, or comparable trade professional, OR be authorized to act on behalf of a business in those trades.
• Have legal authority to enter properties you document and to handle homeowner contact information you input.
• Not be barred from receiving services under applicable US law.

3. Your account

• Authentication. Emberly uses passwordless (magic-link) authentication. You are responsible for maintaining access to the email address tied to your account.
• One account per contractor. Each individual contractor or sole proprietor uses one account. Companies with multiple field contractors may purchase additional seats when team features become available.
• Account security. You are responsible for any activity under your account. Notify us at privacy@emberly.tech immediately if you suspect unauthorized access.

4. Permitted use

You may use Emberly to:

• Document on-site inspection work for residential or commercial wildfire mitigation.
• Generate reports aligned to industry standards (IBHS Wildfire Prepared Home, Colorado DFPC defensible-space standards, NFPA 1141/1144, and similar).
• Deliver those reports to homeowners, insurers, AHJs (Authorities Having Jurisdiction), or other intended recipients you have legitimate reason to share with.
• Store your work for your own records and follow-up visits.

5. Prohibited use

You may not:

• Submit fraudulent reports. This includes documenting work you did not perform, mischaracterizing the condition of a property, falsifying photos, or knowingly producing reports designed to mislead insurers, homeowners, or regulators.
• Document property without permission. You must have the property owner's permission (or a legitimate professional basis under applicable law) before entering, photographing, or recording any property.
• Reverse engineer, decompile, or attempt to extract source code from the Emberly app or services.
• Resell or sublicense access to Emberly without our written permission.
• Use Emberly to harass, defame, or harm any homeowner, insurer, or third party.
• Bypass security or rate limits, attempt to access other contractors' data, or abuse the API.
• Upload illegal content including content that violates third-party intellectual property rights.

Violations may result in account suspension or termination without refund.

6. Your content

You retain ownership of the content you create in Emberly: photos, videos, voice memos, notes, checklist entries, and the generated PDF reports.

You grant Emberly a non-exclusive, worldwide, royalty-free license to host, store, transmit, process, and display your content solely for the purpose of operating the service for you (e.g., generating your reports, rendering your jobs, enabling your share links). This license terminates when you delete the content, subject to retention timelines in our Privacy Policy.

We do not claim ownership of your content. We do not use your content to train AI models. We do not share your content with anyone other than the subprocessors disclosed in our Privacy Policy and the recipients you explicitly choose when delivering reports.

7. AI-generated content

Emberly uses AI (currently Anthropic's Claude API) to draft narrative sections of your inspection reports based on the data you input.

• AI is assistive, not authoritative. AI-generated narrative reflects the data you provided, organized into report-ready prose. It does not represent Emberly's judgment about the property or its compliance status.
• You review before delivery. Every report is presented for your review and edit before it can be delivered. Once you deliver a report, you have approved its content.
• Errors are possible. AI may misinterpret inputs, omit details, or generate text that needs correction. You are responsible for the accuracy of any report you deliver.

8. Insurance, regulatory, and professional disclaimer

This is the most important section. Read it carefully.

Emberly is a documentation and reporting tool. It is not:

• An insurance product or insurance advice.
• A guarantee of insurance coverage, premium reduction, policy renewal, or claim payment.
• A substitute for professional inspection by a licensed engineer, architect, fire marshal, or insurance underwriter.
• A regulatory certification or compliance attestation. Emberly reports may align with standards (IBHS WPH, CO DFPC, etc.) but the final determination of compliance is made by the relevant authority — typically the insurer, AHJ, or certifying body.
• Legal advice.

Insurance carriers make their own underwriting decisions. Even a perfectly-aligned mitigation report is not a guarantee that an insurer will issue, renew, or maintain a policy, or accept the report as documentation of mitigation work. Likewise for premium discounts, claims payments, or any other insurance outcome.

You agree that you will not represent Emberly reports as guarantees of insurance outcomes to homeowners, and that you accept full professional responsibility for the work documented in any report you deliver.

9. Subscription and billing

• V1 (current). Emberly may be free or available at promotional pricing during the V1 period. Specific pricing terms appear at signup.
• Paid plans (future). When paid plans are introduced, you will be notified and given the opportunity to subscribe. Continued use after a paid plan launches may require a subscription.
• Billing. Subscription fees, when applicable, are billed in advance. You authorize Emberly to charge your payment method on file. Failed payment may result in suspension after a grace period.
• Refunds. Subscription fees are non-refundable except where required by law. You can cancel at any time; cancellation prevents future charges but does not refund the current billing period.

10. Termination

You may terminate your Emberly account at any time by deleting it in-app or emailing privacy@emberly.tech. Termination triggers the data retention timeline in the Privacy Policy.

Emberly may suspend or terminate your account, with or without notice, if:

• You materially violate these Terms.
• You engage in fraud, abuse, or illegal activity.
• Continued service creates legal, security, or reputational risk to Emberly.
• Required by law.

Upon termination, your license to use Emberly ends immediately. Sections of these Terms that by nature should survive termination (ownership, disclaimers, liability, dispute resolution) survive.

11. Disclaimer of warranties

EMBERLY IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBERLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT EMBERLY WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES, OR THAT REPORTS GENERATED BY EMBERLY WILL BE ACCEPTED BY ANY INSURER, REGULATOR, OR THIRD PARTY.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBERLY LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INSURANCE COVERAGE LOSSES, REGULATORY PENALTIES, OR LOSSES ARISING FROM RELIANCE ON A REPORT — EVEN IF EMBERLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EMBERLY'S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO EMBERLY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow these limitations; in those jurisdictions our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Emberly LLC and its affiliates from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising from:

• Your use or misuse of Emberly.
• Your violation of these Terms.
• Your violation of any law or third-party right (including a homeowner's privacy or property right).
• Any report you deliver, including any reliance placed on it by a homeowner, insurer, or other recipient.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles.

Any dispute arising from these Terms or your use of Emberly will be resolved in the state or federal courts located in Pitkin County, Colorado, and you consent to the personal jurisdiction of those courts. Both parties waive the right to a jury trial.

This section does not waive any non-waivable consumer rights you may have under your local law.

15. Changes to these Terms

We may update these Terms as the product evolves. When we make material changes we will notify active contractors via in-app notice and email at least 14 days before changes take effect. Continued use of Emberly after changes take effect constitutes acceptance of the updated Terms.

16. Miscellaneous

• Entire agreement. These Terms plus the Privacy Policy form the entire agreement between you and Emberly.
• Severability. If any provision is found unenforceable, the rest remains in effect.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign your rights under these Terms without our consent. Emberly may assign these Terms in connection with a merger, acquisition, or sale of assets.

17. Contact us

For any question about these Terms:

Emberly LLC Attn: Legal 108 Valley Ct, Basalt, CO 81621 privacy@emberly.tech