Terms of Service
Effective Date: August 28, 2026
These Terms of Service (“Terms”) govern your access to and use of Emberwood’s websites, applications, software, artificial intelligence features, integrations, and related services (collectively, the “Services”).
These Terms are between you and Emberwood (“Emberwood,” “we,” “us,” or “our”).
By creating an account, purchasing a subscription, clicking to accept these Terms, or accessing or using the Services, you agree to these Terms.
If you use the Services on behalf of a business or other organization, you represent that you have authority to accept these Terms on its behalf. In that case, “you” and “your” refer to that organization.
If you do not agree to these Terms, do not use the Services.
1. The Services
Emberwood provides software designed to help businesses plan, create, manage, publish, and improve content marketing.
Depending on your plan, configuration, and available features, Emberwood may:
- analyze publicly available information about your business and website;
- import and analyze existing website content;
- identify content topics, patterns, audiences, gaps, and opportunities;
- generate content ideas and recommendations;
- research topics;
- create or assist with articles, titles, metadata, images, and other marketing materials;
- schedule or publish content to connected services;
- analyze content performance and provide recommendations; and
- use artificial intelligence and automated systems to perform these activities.
Features may vary by plan and may change as Emberwood evolves. We may add, modify, or discontinue features or integrations from time to time.
2. Eligibility and Accounts
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.
You agree to provide accurate and current account information and are responsible for:
- maintaining the security of your account credentials;
- activity performed through your account;
- controlling access to your account; and
- notifying us promptly if you believe your account has been accessed without authorization.
The Services are primarily intended for business and professional use.
You are responsible for ensuring that your use of Emberwood complies with laws, regulations, professional obligations, and industry requirements applicable to your business.
3. Customer Content
“Customer Content” means information, text, images, documents, website content, business information, instructions, preferences, files, and other materials that you provide or make available to Emberwood.
As between you and Emberwood, you retain your ownership rights in Customer Content.
You give Emberwood permission to access, host, copy, process, analyze, transmit, modify, format, and otherwise use Customer Content only as reasonably necessary to:
- provide the Services to you;
- generate content, analysis, and recommendations for you;
- operate integrations you authorize;
- publish or modify content at your direction or under automation you enable;
- maintain, secure, troubleshoot, and support the Services;
- improve the Services provided to you; and
- comply with applicable law.
This permission does not transfer ownership of Customer Content to Emberwood.
You represent that you have the rights, licenses, consents, and permissions necessary for Emberwood to process Customer Content as described in these Terms.
You may not provide Customer Content that unlawfully infringes another person’s intellectual property, privacy, contractual, or other rights.
4. Public Website Discovery
Emberwood may analyze publicly available portions of websites and other public information associated with businesses submitted to the Services.
You authorize Emberwood to access and analyze publicly available information associated with websites and businesses you submit for purposes of providing the Services.
Automated analysis may make inferences about products, services, markets, audiences, brand characteristics, existing content, and other business information.
These inferences may be incomplete or incorrect. Where Emberwood provides an opportunity to review or correct discovered information, you are responsible for doing so when appropriate.
5. Connected Services and WordPress
Emberwood may connect with third-party products and services, including content management systems, analytics providers, hosting services, email services, payment processors, and other platforms.
WordPress is the initially supported content management system.
When you connect a website or third-party account to Emberwood, you represent that:
- you own it or have authority to administer it;
- you have authority to provide Emberwood with the access you grant; and
3. Emberwood may perform the actions you enable through that connection.
Depending on the permissions you grant and features you activate, Emberwood may read, import, analyze, create, edit, schedule, update, or publish content through a connected service.
You control the access you provide and may revoke a connection where supported. Revoking access may prevent some Emberwood features from functioning.
Third-party products and services remain subject to their own terms and policies. Emberwood does not control and is not responsible for their availability, security, functionality, acts, omissions, or changes.
6. Service Providers
Emberwood may use third-party service providers to operate the Services, including providers of hosting, infrastructure, artificial intelligence, analytics, communications, security, and payment processing.
These providers may process Customer Content or other information on Emberwood’s behalf when reasonably necessary to provide, secure, support, or maintain the Services.
Our handling of personal information is further described in our Privacy Policy.
7. Artificial Intelligence
Emberwood uses artificial intelligence and automated technologies to provide portions of the Services.
Artificial intelligence systems are probabilistic and may produce inaccurate, incomplete, outdated, misleading, inappropriate, or unexpected information.
AI-generated content may also resemble content generated for other users or material available elsewhere.
Emberwood does not guarantee that generated content:
- is factually accurate or error-free;
- is unique;
- qualifies for copyright or other intellectual-property protection;
- complies with laws or professional requirements applicable to your particular business; or
- is appropriate for a regulated or specialized industry without additional review.
You are responsible for determining whether generated content is appropriate for your business and intended use. Important factual, legal, financial, medical, safety, regulatory, or similar claims should receive appropriate human review before reliance or publication.
8. Generated Content
As between you and Emberwood, and to the extent Emberwood possesses transferable rights in content generated specifically for you through the Services, Emberwood assigns those rights to you.
Because laws concerning artificial intelligence and intellectual property continue to develop, Emberwood does not guarantee that AI-generated material is eligible for copyright, trademark, or other intellectual-property protection.
Emberwood retains all rights in the Services themselves, including its software, systems, workflows, interfaces, processes, designs, branding, documentation, and underlying technology.
9. Content Approval
Emberwood may allow you to review generated content before publication.
When approval is enabled, you are responsible for deciding whether to approve, reject, modify, or use content presented for your review.
Approval features provide customer oversight but do not make Emberwood responsible for your business’s use of published content.
10. Autopilot and Automated Publishing
Emberwood may allow you to enable automated or “autopilot” publishing.
By enabling autopilot or another automated publishing feature, you expressly authorize Emberwood to create, schedule, edit where applicable, and publish content to connected websites or services without obtaining your individual approval for each item.
Content may therefore become publicly available without prior review by you.
You may disable autopilot through available account settings. Disabling autopilot does not automatically retract or remove content that has already been published.
You remain responsible for content published to websites and other properties you own or control, including content published through automation you authorized.
Businesses operating in regulated industries or publishing legal, medical, financial, safety, compliance, or similarly sensitive information should carefully consider whether automated publishing is appropriate.
11. Your Business Information and Claims
You are responsible for the accuracy of information about your business, including information concerning:
- products and services;
- prices and promotions;
- warranties;
- certifications and credentials;
- locations and service areas;
- professional qualifications;
- product capabilities;
- testimonials;
- performance claims; and
- other representations about your business.
You should provide Emberwood with appropriate corrections, restrictions, preferences, and instructions concerning information or topics that should not be used.
12. Performance Analysis and Recommendations
Emberwood may analyze available performance information and identify patterns involving topics, titles, imagery, publication timing, content length, format, audience, search intent, traffic, conversions, or other variables.
These observations may represent patterns, correlations, estimates, or hypotheses rather than proven causes.
Recommendations may change as additional information becomes available.
13. No Guaranteed Results
Emberwood is designed to assist with content marketing, but results depend on many factors outside our control.
We do not guarantee increases in:
- search rankings;
- website traffic;
- leads;
- conversions;
- sales;
- revenue;
- customer acquisition; or
- other business results.
We also do not guarantee that content will be indexed, ranked, displayed, or recommended by search engines, social platforms, artificial intelligence systems, or other third-party services.
Past content performance does not guarantee future results.
14. Acceptable Use
You may not use Emberwood to:
- violate applicable law;
- infringe or misappropriate another person’s rights;
- impersonate another person or business;
- knowingly publish materially false or fraudulent information;
- distribute malware or malicious code;
- interfere with or disrupt the Services;
- gain unauthorized access to systems or accounts;
- bypass security, rate limits, usage limits, or technical restrictions;
- reverse engineer the Services except where applicable law expressly permits it;
- abuse or overload the Services through automated means;
- facilitate fraud, phishing, deceptive practices, or unlawful unsolicited communications; or
- use the Services in a manner that creates unreasonable security, legal, or operational risk.
We may investigate suspected violations and restrict or suspend access when reasonably necessary.
15. Subscriptions, Billing, Trials, and Cancellation
Some Emberwood Services require a paid subscription.
You agree to pay the price presented when you purchase a subscription. Subscription features, usage limits, content frequency, integrations, and other entitlements may vary by plan.
Unless otherwise stated, prices are in U.S. dollars and exclude applicable taxes.
Automatic Renewal
Unless otherwise stated when you subscribe, paid subscriptions automatically renew for the billing period selected at signup until canceled.
By purchasing an automatically renewing subscription, you authorize Emberwood and its payment processor to charge the applicable subscription fees and taxes to your designated payment method at each renewal.
Trials and Promotions
Emberwood may offer trials, promotional periods, introductory pricing, credits, or other offers subject to additional terms disclosed with the offer.
Creating multiple accounts or otherwise attempting to improperly obtain repeated trials or promotional benefits is prohibited.
Cancellation
You may cancel your subscription using the cancellation method provided by Emberwood.
Unless otherwise stated, cancellation prevents future renewal and takes effect at the end of your current paid billing period.
Amounts already paid are non-refundable unless otherwise stated at purchase or required by law.
You may continue using applicable paid features through the end of your current paid billing period after cancellation.
Pricing Changes
We may change prices, plans, features, or usage limits from time to time.
Price changes affecting an existing paid subscription will apply no earlier than a subsequent renewal following any notice required by applicable law.
16. Privacy
Our collection and use of personal information is described in the Emberwood Privacy Policy.
You are responsible for determining whether your use of Emberwood requires notices, consents, agreements, or disclosures to your customers, website visitors, employees, or other individuals.
17. Security
Emberwood uses reasonable technical and organizational measures designed to protect the Services and information under our control.
No internet-connected service can guarantee absolute security.
You are responsible for maintaining appropriate security for your own websites, devices, accounts, WordPress installations, third-party services, and credentials.
Please notify Emberwood promptly if you believe your account or a connection used with Emberwood has been compromised.
18. Service Availability
We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation.
Maintenance, software errors, infrastructure failures, third-party outages, API changes, security incidents, network problems, unusually high demand, or circumstances outside our reasonable control may interrupt or affect the Services.
Automated processes may retry certain failed operations, but we do not guarantee that every synchronization, generation, publication, notification, or other automated task will complete successfully.
When customer action is required to restore a connection or resolve another issue, Emberwood may notify you through available notification channels.
19. Emberwood Intellectual Property
Except for Customer Content and rights expressly granted to you in generated content under these Terms, Emberwood and its licensors retain all rights in the Services and associated intellectual property.
The Emberwood name, branding, software, designs, interfaces, systems, workflows, documentation, and technology may be protected by intellectual-property laws.
These Terms do not grant you a right to use Emberwood’s trademarks or branding except as expressly authorized.
20. Suspension and Termination
We may suspend or restrict access to the Services if:
- you materially violate these Terms;
- required payments are overdue;
- your use creates a material security or legal risk;
- your activity threatens Emberwood, another customer, or a third party; or
- suspension is reasonably necessary to protect the Services or comply with law.
Where circumstances reasonably permit, we will attempt to provide notice and an opportunity to resolve the issue.
You may stop using Emberwood and cancel your subscription at any time.
We may terminate an account for a material violation of these Terms, unlawful activity, prolonged nonpayment, abuse of the Services, or circumstances that make continued service legally prohibited or impracticable.
After cancellation or termination, your access to Customer Content stored within Emberwood may end. We may retain certain information for a limited period for backup, security, fraud prevention, dispute resolution, or legal compliance as described in our Privacy Policy.
Content already published to your website or another third-party service may remain there after your Emberwood account ends.
You are responsible for maintaining copies of information you wish to preserve.
21. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
EMBERWOOD DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EMBERWOOD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT GENERATED CONTENT, ANALYSIS, OR RECOMMENDATIONS WILL BE ACCURATE, UNIQUE, COMPLETE, OR SUITABLE FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.
22. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBERWOOD AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA ARISING OUT OF OR RELATING TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBERWOOD’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT YOU PAID EMBERWOOD DURING THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100.
These limitations apply regardless of the legal theory of the claim.
Nothing in these Terms limits liability where limitation is prohibited by law.
23. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Emberwood and its owners, officers, employees, contractors, licensors, and service providers from claims, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising from or relating to:
- Customer Content you provide;
- content you choose or authorize to publish through Emberwood;
- your violation of these Terms or applicable law;
- your violation of another person’s rights;
- information or claims you provide to Emberwood; or
- your business’s products, services, representations, or activities.
We will provide reasonable notice of an indemnified claim where practicable.
24. Governing Law and Disputes
These Terms are governed by the laws of the State of Indiana, without regard to its conflict-of-law principles.
Before filing a lawsuit relating to these Terms or the Services, you and Emberwood agree to make a reasonable good-faith effort to resolve the dispute informally.
A party seeking resolution should provide written notice describing the dispute and requested resolution.
Unless applicable law requires otherwise, legal proceedings arising from these Terms or the Services will be brought in the state or federal courts located in Allen County, Indiana, and each party consents to jurisdiction and venue in those courts.
This section does not prevent either party from seeking emergency or injunctive relief when appropriate.
25. Changes to These Terms
We may update these Terms as Emberwood and the Services evolve.
When we make changes, we will post the revised Terms and update the Effective Date.
If a change materially affects your rights or obligations, we may provide additional notice by email, through the Services, or through another reasonable method.
Your continued use of the Services after revised Terms take effect constitutes acceptance of the revised Terms to the extent permitted by law.
If you do not agree to revised Terms, you should discontinue use of the Services and cancel your subscription.
26. General Terms
If any provision of these Terms is determined to be unenforceable, the remaining provisions will remain in effect.
Failure to enforce a provision does not waive the right to enforce it later.
You may not assign these Terms without Emberwood’s prior written consent. Emberwood may assign these Terms in connection with a merger, acquisition, reorganization, sale of the business or assets, or to an affiliate or successor.
Emberwood is not responsible for delays or failures caused by circumstances beyond our reasonable control.
These Terms, together with our Privacy Policy and any additional terms expressly applicable to your subscription or purchase, constitute the entire agreement between you and Emberwood concerning the Services.
27. Contact Us
Questions about these Terms may be sent to:
Emberwood
P.O. Box 15043
Fort Wayne, IN 46885
United States