1.1 Age Requirement

You must be at least 13 years of age to use our Services. By creating an account, you represent and warrant that you meet this age requirement. Users under 18 should have parental or guardian consent to use the Services.

1.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Immediately notify us of any unauthorized use of your account
• Not share your account credentials with others

1.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason we deem necessary to protect our Services or users.

2.1 Free and Paid Services

Emberskill operates on a freemium model:

Free Access: Public users can access free fire safety training courses and educational content

Paid Subscriptions: Fire departments and teams can subscribe to premium features including team management, progress tracking, custom course creation, and advanced analytics

We reserve the right to modify our pricing, features, and subscription plans at any time with reasonable notice to existing subscribers.

2.2 Permitted Use

You agree to use our Services only for lawful purposes. You may not:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated tools (bots, scrapers) to access our Services without permission
• Harass, abuse, or harm other users
• Impersonate others or misrepresent your affiliation
• Use the Services for any commercial purpose without authorization

2.3 AI-Generated Content

Our Services use artificial intelligence to generate training courses and educational content from uploaded materials. You acknowledge that:

• AI-generated content may contain errors or inaccuracies
• You should review and verify all AI-generated content before use
• We use OpenAI and other third-party AI services subject to their respective terms
• AI-generated content is provided "as-is" without warranties of accuracy or completeness

2.4 Mobile Applications

Our mobile applications for iOS and Android are governed by these Terms as well as the applicable app store terms (Apple App Store, Google Play Store). You are responsible for any data charges incurred while using our mobile applications.

3.1 Your Content

You retain ownership of all content you upload or create on our platform ("User Content"), including training materials, PDFs, media files, and other materials. By uploading User Content, you grant Emberskill a worldwide, non-exclusive, royalty-free license to:

• Host, store, and display your User Content
• Process your User Content to generate AI-based training courses
• Share your User Content with authorized members of your department or team
• Use your User Content to provide, improve, and develop our Services

This license terminates when you delete your User Content from our Services, except for content shared with your department or team.

3.2 Content Representations

By uploading User Content, you represent and warrant that:

• You own or have the necessary rights to the content
• Your content does not violate any third-party rights
• Your content complies with applicable laws and these Terms
• Your content does not contain malware or harmful code

3.3 Emberskill Intellectual Property

All rights, title, and interest in the Emberskill platform, including our software, design, trademarks, and proprietary content, belong to Emberskill LLC. You may not:

• Copy, modify, or create derivative works of our platform
• Reverse engineer or decompile our software
• Remove or alter any proprietary notices or branding
• Use our trademarks, logos, or branding without express written permission

3.4 Certifications and Badges

Digital certifications, badges, and completion records issued through our platform are for personal achievement tracking and may not constitute official professional certifications. You may not misrepresent these digital achievements as accredited professional credentials unless explicitly stated otherwise.

4.1 Subscription Fees

Paid subscriptions are billed on a recurring basis (monthly, annually, or as otherwise specified). By subscribing, you authorize us to charge your payment method for:

• The initial subscription fee
• Recurring subscription fees at each renewal period
• Any applicable taxes or fees

4.2 Payment Processing

All payments are processed securely through Stripe or other authorized third-party payment processors. We do not store your complete credit card information. Payment processing is subject to the payment processor's terms and conditions.

4.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period.

Refunds are generally not provided for partial subscription periods, except as required by law or at our sole discretion. If you believe you were charged in error, contact us at admin@emberskill.com within 30 days.

4.4 Price Changes

We may change subscription prices at any time. For existing subscribers, price changes will take effect at your next renewal date, with at least 30 days' advance notice.

5.1 Google Maps and Street View

Our Services may integrate Google Maps Platform APIs, including Google Maps and Street View. Your use of these features is subject to:

• Google Maps Platform Terms of Service (link)
• Google Privacy Policy (link)

You agree not to use Google Maps features in ways that violate Google's terms, including caching map data or using maps for unauthorized purposes.

5.2 Other Third-Party Services

We use various third-party services including:

• Supabase (database and authentication)
• Vercel (hosting and analytics)
• OpenAI (AI content generation)
• Stripe (payment processing)
• Resend (email services)
• Trigger.dev (automation and background tasks)

Your use of our Services constitutes acceptance of these third-party service providers' respective terms and privacy policies. We are not responsible for the actions, policies, or performance of third-party services.

6.1 Team Administration

Fire departments and teams using our Services designate administrators who have access to:

• Team member accounts and progress data
• Course enrollment and completion records
• Performance analytics and reports
• Team settings and configurations

By joining a department or team, you consent to administrators viewing your training progress and related data.

6.2 Department Responsibility

Department administrators are responsible for managing their team members, ensuring appropriate use of the platform, and maintaining compliance with their organization's policies. Emberskill is not liable for disputes between departments and their members.

8.1 Service Availability

Our Services are provided "as-is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that our Services will be uninterrupted, error-free, or free from viruses or other harmful components.

8.2 Training Content Disclaimer

The training content provided through our Services is for educational purposes only and should not be considered a substitute for official fire department training, professional instruction, or certification programs. We make no warranties about the accuracy, completeness, or applicability of any training content to specific situations or jurisdictions.

8.3 Limitation of Liability

To the maximum extent permitted by law, Emberskill LLC and its officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from unauthorized access to or use of our Services
• Errors or inaccuracies in training content, including AI-generated content
• Actions or omissions of third-party service providers

Our total liability for any claims arising from or relating to these Terms or the Services shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100 USD, whichever is greater.

8.4 Indemnification

You agree to indemnify, defend, and hold harmless Emberskill LLC and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from your use of our Services, violation of these Terms, or infringement of any third-party rights.

9.1 Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or through prominent notice on our platform. Your continued use of our Services after such notice constitutes acceptance of the modified Terms.

9.2 Changes to Services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

10.2 Arbitration

Any dispute arising from or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except:

• You may assert claims in small claims court if they qualify
• Either party may seek injunctive relief in court for intellectual property matters

You waive your right to participate in class actions or class-wide arbitration.

11.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Emberskill regarding our Services and supersede all prior agreements.

11.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign our rights and obligations under these Terms without restriction.