2. Who can use Embercard
2.1 Minimum age
You must be at least 13 years old to create a Embercard account. By creating an account you represent that you are 13 or older.
2.2 Users 13–17
If you are 13 through 17 years of age, by creating an account you also represent that:
- A parent or legal guardian has permission for you to use the Service
- Your use of the Service is consistent with local law in your country and region
- You agree that we may enforce these Terms directly against you
Embercard is not directed to children under 13 and we do not knowingly collect information from children under 13. See the Privacy Policy, Section 9, for details and the removal process.
2.3 Jurisdictional eligibility
You may not use the Service if your use is prohibited by US law or by the laws of your country of residence. You may not use the Service if you are located in, or a national of, a country subject to US Treasury sanctions (e.g., Cuba, Iran, North Korea, Syria, the Crimea/Donetsk/Luhansk regions).
2.4 One account per person
You may not create more than one account for your own use, and you may not share your account credentials with anyone else. You are responsible for all activity that occurs on your account.
3. Your account
You authenticate to Embercard via magic link sent to your email. You are responsible for keeping your email account secure. If your email account is compromised, anyone who can read it can sign in to your Embercard account.
If you believe your account has been accessed without your authorization, email [SUPPORT EMAIL] immediately.
We may suspend or terminate your account for material breach of these Terms. See Section 11.
4. Your content
4.1 What counts as "Your Content"
"Your Content" means everything you upload, create, or store on the Service — including flashcards, classes, decks, notes, uploaded study materials (PDFs, presentations, documents, images), tags, and any other material you put into Embercard.
4.2 You own Your Content
Embercard does not claim ownership of Your Content. What's yours stays yours.
4.3 License to Embercard to operate the Service
Because we need to store, display, process, and transmit Your Content in order to provide the Service, you grant Embercard a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, transmit, modify (for formatting and processing only), create derivative works from (only for the purpose of AI-assisted card generation that you initiate), and display Your Content — solely for the purpose of operating and improving the Service for you.
This license:
- Ends when you delete the relevant content or your account
- Does not allow us to use Your Content for marketing, advertising, or any commercial purpose unrelated to delivering the Service to you
- Does not allow us to share Your Content with anyone other than the sub-processors listed in the Privacy Policy, and only for the purposes stated there
4.4 You warrant you have rights to Your Content
You represent and warrant that:
- You own, or have all necessary rights, licenses, and permissions to, use Your Content in connection with the Service
- Your Content does not infringe or violate any third party's intellectual property, privacy, publicity, or other rights
- Your Content complies with applicable law (including but not limited to copyright law, privacy law, and obscenity law)
You are solely responsible for Your Content. Embercard is not responsible for and does not endorse Your Content.
4.5 Uploaded copyrighted study materials
Many Embercard users upload course materials — slides, textbook excerpts, lecture notes — to generate flashcards. You represent that such uploads are either (a) your own original work, (b) used with permission, or (c) permitted under applicable fair use / fair dealing exceptions in your jurisdiction. Embercard does not grant you any rights over third-party copyrighted material that you upload, and our hosting of your upload does not absolve you of any underlying copyright obligations.
4.6 AI-generated flashcards
When you use our AI card generation feature, the output is produced from Your Content by our AI sub-processor (Anthropic). You own the resulting flashcards to the same extent you own Your Content (subject to any third-party rights in the source material you uploaded). AI-generated text without meaningful human authorship may not be independently copyrightable in some jurisdictions; you acknowledge this and take any generated content as-is.
4.7 No obligation to monitor; right to remove
Embercard does not proactively monitor Your Content. We reserve the right, but have no obligation, to review, refuse, remove, or disable access to Your Content that we determine, in our sole discretion, violates these Terms or applicable law. We are not liable for any removal decision.
4.8 Copyright infringement — DMCA
If you believe material on the Service infringes your copyright, send a DMCA notice to [SUPPORT EMAIL] including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and sufficient information for us to locate it; (d) your contact information; (e) a statement of good-faith belief that use is not authorized; (f) a statement under penalty of perjury that the information is accurate and you are authorized to act.
NOTE TO SELF: Before launch, consider registering a DMCA designated agent with the US Copyright Office (~$6 fee, valid 3 years). This secures DMCA safe harbor. Without registration, you lose statutory safe harbor even though you may still be protected under fair use and other doctrines. URL: https://www.copyright.gov/dmca-directory/.
4.9 Feedback
If you send us suggestions or feedback about the Service, we may use your feedback freely and without any obligation to you. You are not owed attribution or compensation for feedback.
5. Acceptable use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law
- Upload content that is illegal, infringing, defamatory, obscene, harassing, or otherwise harmful
- Upload content that contains malware, viruses, or any code designed to disrupt, damage, or limit the functioning of any computer system
- Upload content that contains another person's personally identifiable information without their consent
- Attempt to gain unauthorized access to the Service, other users' accounts, or our infrastructure
- Scrape, crawl, harvest, or otherwise automatically collect data from the Service, except through features explicitly provided for that purpose (like the data export tool)
- Reverse engineer, decompile, or disassemble any part of the Service, except as expressly permitted by applicable law
- Use the Service to develop a competing product
- Exceed our published rate limits, or otherwise overwhelm our infrastructure
- Use automated systems (bots, scripts) to create accounts, submit reviews, or perform other actions on the Service, except as expressly permitted
- Attempt to probe, scan, or test the vulnerability of the Service, except through a coordinated disclosure process with us
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Interfere with any other user's use of the Service
We may suspend or terminate accounts that violate this section without prior notice if we judge the violation serious enough.
6. Privacy
Our handling of your personal data is governed by the Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms you also acknowledge the Privacy Policy.
7. Intellectual property
7.1 Ownership of the Service
The Service (excluding Your Content) is owned by Embercard and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership of the Service to you.
7.2 Limited license to you
Subject to your compliance with these Terms, Embercard grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial study purposes. This license ends automatically if you breach these Terms.
7.3 Trademarks
"Embercard" and the Embercard logo are trademarks of Isabella Aguayo. You may not use them without our written permission, except for fair nominative uses (e.g., saying "I made flashcards in Embercard" in a social post).
8. No professional advice
Embercard is a study tool. Flashcards generated, stored, or reviewed on the Service — including cards generated by AI — are not professional advice of any kind.
Specifically:
- Medical, nursing, or healthcare content is not medical advice. Consult a qualified healthcare professional.
- Legal content is not legal advice. Consult a licensed attorney.
- Financial content is not financial or tax advice. Consult a qualified advisor.
- Safety-critical technical content may contain errors; do not rely on it for life-safety decisions.
AI-generated content is generated by a statistical model and may contain inaccuracies, omissions, or outright errors ("hallucinations"). You must verify any fact-critical information against authoritative sources before relying on it. Using Embercard to study for professional exams (medical boards, bar exam, CPA, etc.) is permitted, but the accuracy of the material is ultimately your responsibility.
9. The Service "as is"; disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING.
In plain English:
- We do not promise the Service will always be available, uninterrupted, timely, secure, or error-free
- We do not promise the Service will be compatible with every device or browser
- We do not promise any specific study outcome (better grades, passing an exam, remembering anything)
- We do not promise AI-generated content is accurate
- We do not promise the Service will meet your specific needs or expectations
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, some of the exclusions above may not apply to you, but our liability is limited to the greatest extent permitted by law.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
10.1 No indirect damages. Embercard will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or relating to the Service or these Terms, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Embercard was advised of the possibility of such damages.
10.2 Cap on direct damages. In any case, Embercard's aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amount you paid Embercard in the 12 months preceding the event giving rise to the claim, or (b) one hundred US dollars ($100). For free-tier users, this means the cap is $100.
10.3 Exceptions. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law — including, where applicable, liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under your local consumer-protection law.
10.4 Basis of the bargain. You agree that the limitations in this Section 10 are an essential basis of the bargain between you and Embercard, and that the Service would not be provided to you without them.
10.5 EU/UK users. If you are a consumer located in the EU or UK, some of the above limitations may not apply to you as a matter of mandatory local law. Your statutory rights are not affected.
11. Suspension and termination
11.1 You can leave at any time
You can delete your account at any time via the in-app tool. When you do, Sections 4 (Your Content), 9 (disclaimers), 10 (limitation of liability), 12 (indemnification), 14 (governing law), 15 (dispute resolution), and any other section that by its nature should survive termination, will survive.
11.2 We can suspend or terminate for cause
We may suspend or terminate your access immediately, without prior notice, if:
- You materially breach these Terms
- We are required to do so by law
- Your account poses an ongoing security risk or is causing damage to the Service
- We judge, in good faith, that your use creates a legal risk for Embercard
Where reasonable, we will try to notify you and give you an opportunity to cure.
11.3 We may discontinue the Service
Embercard is a small project, and we reserve the right to modify, pause, or discontinue the Service (or any feature) at any time, with reasonable advance notice where practical. If we permanently shut down the Service, we will give you at least 30 days' notice and an opportunity to export your data before deletion.
11.4 No refunds for free users
Because you do not currently pay for the Service, you are not entitled to refunds. If we introduce paid tiers in the future, refund policy will be addressed in separately-posted terms for those tiers.
12. Indemnification
You agree to indemnify, defend, and hold harmless Embercard and Isabella Aguayo from and against any claim, action, liability, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:
- Your Content or any content you submit to the Service
- Your use of the Service in violation of these Terms or applicable law
- Your violation of any third party's rights (including intellectual-property and privacy rights)
- Your negligence, willful misconduct, or fraud
We will notify you of any claim we receive for which we seek indemnification, and you will cooperate with our defense. You may not settle any claim that imposes any obligation on Embercard without our prior written consent.
EU/UK consumers: the indemnification in this Section is limited to claims arising from your willful or negligent breach of these Terms or violation of third-party rights. It does not apply to claims arising from your ordinary consumer use of the Service.
13. Changes to these Terms
We may update these Terms from time to time. Material changes (those that materially affect your rights or obligations) will be communicated by email to the address on your account at least 30 days before they take effect. Non-material changes (typos, formatting, clarifications that do not alter your rights) take effect on publication.
Your continued use of the Service after a new version takes effect constitutes acceptance. If you do not agree with a change, you can delete your account at any time before the change takes effect.
We maintain an archive of prior versions and will make them available on request.
14. Governing law and jurisdiction
14.1 Governing law
These Terms are governed by the laws of the State of [YOUR STATE], United States, excluding its conflict-of-laws rules, except to the extent that applicable local consumer-protection law in your country of residence provides you with rights that cannot be waived or overridden by contract.
14.2 Forum
Any lawsuit not subject to arbitration under Section 15 must be brought in the state or federal courts located in [YOUR COUNTY], [YOUR STATE], and you consent to personal jurisdiction and venue there, subject to Section 14.3.
14.3 Consumer protection carve-outs
If you are a consumer located in the EU, UK, or any other jurisdiction with mandatory consumer-protection rules, nothing in this Section limits your right to sue or be sued in the courts of your country of residence under the consumer-protection laws of that country. The laws of your country of residence will apply to any such dispute.
15. Dispute resolution and arbitration
IMPORTANT LAWYER NOTE TO SELF: Arbitration clauses in consumer contracts are enforceable in the US under the Federal Arbitration Act (AT&T Mobility v. Concepcion, 2011), but face resistance in some state courts and are not enforceable against EU consumers. California in particular has public-policy limits. Confirm with an attorney in your state that the below language is enforceable before going live. Consider whether you want this at all — arbitration clauses draw hostility and negative press; some consumer-facing brands have removed theirs in recent years.
15.1 Informal resolution first
Before filing a formal dispute, you agree to try to resolve the dispute informally by emailing us at [SUPPORT EMAIL] with a description of the dispute and your desired resolution. We will do the same, contacting you at the email on your account. If we cannot resolve the dispute within 60 days, either party may proceed under Section 15.2.
15.2 Binding arbitration (US users only)
If you are a US resident and informal resolution fails, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in [YOUR COUNTY], [YOUR STATE], or by video, at your option. Judgment on the award may be entered in any court with jurisdiction.
15.3 Class action waiver (US users only)
You and Embercard each agree that disputes will be brought only in our individual capacities, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator has no authority to conduct any form of class or representative proceeding.
15.4 Opt-out
You may opt out of the arbitration and class-action waiver in Sections 15.2 and 15.3 by sending a written opt-out notice to [SUPPORT EMAIL] within 30 days of first creating your account. The opt-out must include your name, email address, and a clear statement that you wish to opt out. If you opt out, disputes are instead governed by Section 14.
15.5 Exceptions
Either party may bring a claim in small-claims court if it qualifies. Either party may seek injunctive or other equitable relief in court to protect intellectual-property rights. The 30-day opt-out in Section 15.4 does not apply to Sections 14 (governing law) or 16 (notices).
15.6 EU/UK consumers — no arbitration
If you are a consumer in the EU or UK, Sections 15.2 and 15.3 do not apply to you. You can bring disputes in the courts of your country of residence. Section 14.3 governs.
15.7 30-day right to terminate these Terms
If these Terms change in a way that materially changes Section 15, you have 30 days from receipt of the updated Terms to reject the change by deleting your account. If you do so, the prior version of Section 15 applies to any dispute between us arising before the change took effect.
16. Notices
We may give notices to you by:
- Email to the address associated with your account
- In-app notifications
- Posting on the Service
You may give notices to us by email at [SUPPORT EMAIL].
Notices are effective when sent (email) or when first displayed (in-app / on-site).
17. General provisions
17.1 Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Embercard regarding the Service and supersede any prior agreements on the same subject.
17.2 Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
17.3 Waiver. Our failure to enforce any right or provision will not be a waiver of that right or provision.
17.4 Assignment. You may not assign or transfer these Terms (or any rights under them) without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of substantially all assets, provided that any successor agrees to assume all of our obligations.
17.5 Force majeure. Neither party will be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, internet or utility outages, government action, or unavailability of third-party services.
17.6 No agency. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Embercard.
17.7 Headings. Section headings are for convenience only and do not affect interpretation.
17.8 Language. These Terms are written in English. Any translation is for convenience only; if there's a conflict, the English version prevails.
17.9 Export controls. You agree to comply with all applicable US and international export and re-export control laws and regulations in your use of the Service.
17.10 US government users. The Service is "commercial computer software" and "commercial computer software documentation" as defined in the Federal Acquisition Regulation. Use, reproduction, release, modification, disclosure, and transfer are governed solely by these Terms.
18. Contact
- General support & legal notices: [SUPPORT EMAIL]
- Privacy matters: privacy@[DOMAIN-TBD]
- DMCA notices: [SUPPORT EMAIL]
- By post: [PHYSICAL ADDRESS IF APPLICABLE — PO Box recommended for sole proprietors]
19. Effective date and version
- Version: 1.0
- Effective date: 2026-05-01
- Last updated: 2026-05-01
A cryptographic hash of this document at the time of your account creation is logged in your profile as proof of the exact version you accepted.