Terms of service
Draft. These terms are being reviewed by our lawyers and may change before Ember's general launch.
Terms of service
Last updated: 9 October 2026
These terms are an agreement between your business and The Smithy for the use of Ember.
Your account
You're responsible for your workspace, the people you invite, the API keys you create and what they're used for, including AI agents you connect. Keep your password and keys safe and tell us promptly about any misuse.
Your data
You own the data you put into Ember. You give us permission to process it only to provide and secure the service. Our data processing agreement forms part of these terms.
You're responsible for having a lawful basis to store and contact the people in your workspace, and for honouring their requests. Ember gives you the tools to do so.
Things you must not do
- Send spam or email people who haven't agreed to it where the law requires consent.
- Store health information protected by HIPAA, payment card numbers, government ID numbers, or data about children under 16.
- Use Ember, or an AI agent connected to it, to deceive people. Chat agents must say they're an AI.
- Try to break, overload or get around the limits and security of the service.
AI agents
Actions taken through your API keys, including by AI agents, are treated as your actions. Ember labels them and keeps an audit log, but you're responsible for what your agents do.
Plans and payment
Ember is in early access. Paid plans will be announced with at least 30 days' notice before any charge.
Ending
You can delete your workspace at any time. We may suspend accounts that break these terms. Sections that should survive (ownership, liability, data return) do.
Liability
Ember is provided as is during early access. To the extent the law allows, our total liability is limited to what you paid us in the 12 months before the claim.