We're fanatical about customer service. Contact us at email@example.com and we will get back to you within 1-5 hours.
Ember Fund is the first mobile app that allows users to easily buy into a managed cryptocurrency portfolio, without holding user assets. Our mission is to bring institutional portfolio management expertise and technology to anyone with a mobile device and a few hundred dollars. Choose from multiple indexes or portfolios that are professionally rebalanced.
We are non-custodial, meaning you hold onto your own assets. We programmatically create the necessary wallets on your behalf but only you can access the wallets through your mobile device. Most non-custodial solutions require users to manage complex private keys which are cumbersome to remember and store safely. At Ember, we make managing your account easy with a secure username/password system, however you always have access to your keys if you need them.
Ember Fund is a non-custodial DeFi platform, which means only you have access to your private keys, no personal information (aside from your email) is stored, and you have access to an open, permissionless, censorship-resistant & decentralized investing experience. With Ember you're interacting directly with the blockchain and you retain the core values that make Bitcoin & blockchain so powerful.
Our minimums are dictated by mining fees to protect investor ROI. Currently, the lowest minimum deposit required is $1000.
Ember Fund charges 1.5% when users buy into or sell out of a portfolio. We’re also launching new portfolios that are charged on AUM (assets under management) instead of buy and sell fees. You will always be shown the fees upfront and since every transaction is done on the blockchain, and you can easily audit all of the fees charged.
We execute every transaction (rebalances, deposits, withdraws) on-chain, so there will be small/variable mining fees associated to complete the transaction. These fees do not go to Ember Fund.
ATTENTION/DISCLAIMER: Due to the recent interest in the space, Ethereum mining fees to complete transactions are higher than normal. Prior to investing, you can see an estimated cost to invest by tapping on the “Invest” button on a portfolio.
Mining fees are fees that credit cryptocurrency miners for processing transactions on the blockchain and secure the network. Note that mining fees do not go to Ember Fund.
Given current geo-political and economic conditions, custody is more important than ever. Non-custodial simply means we do not hold on to, have the ability to move, or control your assets in any way, shape or form. Only you have access to it.
Our fundamental belief is that cryptocurrency assets weren’t designed to be held in central repositories.
Since the inception of cryptocurrency, the industry has seen numerous hacks against custodial exchanges. Billions have already been stolen or gone missing. Custodial exchanges, despite their best efforts, will continue to be hacked. Holding onto your own assets mitigates this risk.
We've also seen time and time again that centralized institutions (big banks/businesses, government) succumb to pressures of profit and politics and violate consumer trust. Numerous companies in the space misrepresent how funds are used, freeze accounts without cause, bake in exorbitant fees, and conduct unethical activities. When you have custody of your own assets, you are in full control of the asset without reliance on a third party. All of your assets are secured and corroborated by an open, trustless, transparent, decentralized, incorruptible blockchain, not a centralized institution.
Current hedge funds are reserved for accredited investors. This means you need to have over $1,000,000 worth of assets or make over $200,000 per year. Most of these funds have high management fees and hold onto your assets on your behalf. Preserving the original ethos of blockchain, our goal is to make cryptocurrency ownership and investing approachable to everyone.
Once you make an account and store your login credentials in a safe place, you just need to fund your Ember Wallet (“Wallet” tab in-app) with Bitcoin!
You can tap on the "Fund this Bitcoin Wallet" button under the "Wallet" tab, and you'll be able to transfer BTC into Ember by either transferring from Coinbase, an external wallet, or by purchasing BTC through one of our partners. Once your wallet has been funded, feel free to tap on any of the portfolios under the "Invest" tab to begin investing.
Yes! As long as you have Bitcoin, you will be able to invest in any Ember Fund portfolio.
We support linking to US banks if you want to buy Bitcoin directly from a bank account using Wyre.
You can use Apple Pay/Debit/Credit Card with our partners Moonpay and Simplex if you are an international user.
We're fanatical about customer service. Contact us at firstname.lastname@example.org and we will get back to you quickly!
There are 3 ways to deposit into the app to fund your wallet. You can send Bitcoin directly from an external wallet or exchange to your Ember wallet. Additionally, you can link your Coinbase account to your Ember wallet. Lastly, you can also buy Bitcoin using your bank, credit/debit card using one of our partners.
All of our wallets are funded with Bitcoin. Other options coming soon.
Ember portfolios are purchased using Bitcoin. You can link your Bank or Coinbase account or deposit BTC from an external wallet of your choice to fund a portfolio.
Contact the on-ramp partner for any issues with connecting your bank account. Banks are also known to cancel transactions when buying cryptocurrency.
Note, this process can take up to 5-7 business days.
Rebalancing is the process of realigning to the intended allocation of a portfolio and involves periodically buying or selling assets in the portfolio to maintain the desired asset allocation.
For example, if a target allocation was 50% Bitcoin and 50% Litecoin but one of the coins (Litecoin) increased in value significantly. The new allocation could be 90% Litecoin and only 10% Bitcoin. To rebalance to the original allocation, you would need to sell Litecoin and/or buy Bitcoin to get back to the original allocation.
Fully automatic rebalances are available on the Quant and DeFi Index, and are coming soon to our other portfolios.
On our other portfolios in the meantime, users can enter the app and manually rebalance once a month, when notified, or whenever the allocation becomes far from the target allocation. Simply tap on the “Rebalance” button the Home tab.
For all portfolios aside from the Quant & DeFi Index:
The portfolio manager issues a rebalance, we send both push and email notifications to our users alerting them on the allocation change and the reasoning behind it. Users can then go into the app and tap Rebalance if they chose to opt in. It’s up to the user’s discretion whether they opt in or skip a rebalance.
For the Quant & DeFi Index:
Rebalances are automatically triggered according to the portfolio's strategy.
To withdraw from your portfolio, simply tap the “Liquidate Portfolio” button on the Settings page in the app. Your portfolio will be sold into Bitcoin that goes directly to your Ember wallet. From there, you can send your Bitcoin to any exchange to cash out for fiat currency.
Ember Fund has partnered with an off-ramp that supports selling BTC to US bank accounts. By tapping on the "Cash Out" button on the Wallet tab in-app, you will be given the option to sell your Bitcoin to your bank account.
For international users interested in selling BTC for fiat currency, we recommend sending your BTC to an exchange like Coinbase that supports linking to your bank account in your country.
If you have funded a portfolio, simply tap "Liquidate Portfolio". You will be presented a scroller to adjust how much of the portfolio you want to sell.
If you’ve sold your portfolio, try pulling down on the wallet screen to refresh your transactions. If this doesn’t work, try logging out and logging back into the app.
Yes, you can create multiple accounts with different usernames.
Since we are non-custodial, we do not store your username and will not be able to help you recover it if you forget it.
In the app, tap on the Settings page. Scroll down to the bottom and it's listed below the Sign out button.
If you've previously signed in using this phone you can also hit the dropdown arrow on the sign-in screen. Your username will be saved there and auto-populate on tap.
While we don’t integrate with 3rd parties directly, you can copy your wallet addresses and enter them into Cointracker
Ember Fund is considered a non-custodial crypto wallet rather than a traditional business investment account, so we don’t store any personal/business information. We recommend reaching out to a licensed tax advisor to see if your company can self-custody crypto assets.
Since Ember Fund is considered a non-custodial crypto wallet rather than a traditional investment account and don't store any of your personal information, we aren't able to set up a beneficiary for your account. Since we don't store your login credentials and aren't able to access your funds on your behalf, we do recommend keeping your username/password written down in a safe location for yourself, and any potential family members who you'd like as your successor.
Since we don’t store any personal info, we aren’t able to generate a traditional 1099 tax form. However you can tap on the Transaction History button on the “Settings” tab to download a full report of your trades.
To invest in a portfolio, you first need to start with Bitcoin so you should be able to start from the bottom of the CSV and work your way upwards. Additionally, whenever you sell out of a portfolio, the coins are in that portfolio will all be traded for Bitcoin. There should be a timestamp on the left side of the CSV for each transaction. The input coin is the coin you are trading out of, and the output coin is the coin that you are receiving.
We currently offer a few different portfolios. The Ember DeFi Index and Big 3 Weighted are passively managed indexes centered around the top cryptocurrencies in the DeFi and payments space. Both portfolios are weighted by total market capitalization in their respective spaces.
The Quant is an actively managed portfolio that is rebalanced between BTC and a stable coin according to BTC price trends. This portfolio is managed by Blockforce Capital.
You can have as many portfolios as you wish.
This varies. Since we are non-custodial, we need to wait for the multiple confirmations after you send your Bitcoin, which is dependent on the network. We're also searching multiple exchanges for the best rates so the entire process can take from 30 minutes up to a few hours to execute your portfolio.
Because we are doing all transactions on the blockchain, there are mining fees (none of which go to Ember) that are unavoidable. The technology is constantly evolving to minimize these costs.
Because all transactions are done on the respective blockchains, things occasionally take longer. Reach out to us at email@example.com if it's been a few hours and the transaction hasn’t cleared. To refresh your transactions, try pulling down on the wallet screen to refresh your transactions.
This is likely due to mining fees, minor exchange rate fluctuations and in some rare cases, slippage.
Ember Fund is developed with a focus on security, usability, and privacy. Our wallet technology provides state of the art security for users, making control of digital assets simple by abstracting complex private keys to username, password, and PIN code (plus TouchID & FaceID).
Ember Fund knows nothing about the encrypted data it interacts with. This data is only accessible to the user. All data is fully encrypted before it touches our servers and can only be decrypted by the user while using the app. Ember Fund does not store any information from user wallets, move funds, and cannot interact with the blockchain on behalf of the user. It's not just end-to-end encryption; it is Zero-Knowledge architecture. This means that in the unlikely scenario of Ember Fund being hacked, there would be no sensitive user data for an attacker to steal.
Privacy is a native feature of Ember Fund. We do not ask, store, or collect any sensitive user data. Our servers will never contain sensitive user data. This makes Ember Fund servers of no use to an attacker in the unlikely scenario our databases were hacked or compromised. Everything is transcribed and corroborated on the blockchain, not Ember Fund.
Nope, we only store your email so send you account updates. Since Ember Fund doesn’t store your login credentials, we recommend writing them down and storing them in a safe place!
Since we are non-custodial, you own the actual coins on the respective blockchains. There's no need to trust a third party. We operate on a Zero-Knowledge architecture, meaning we don't store any sensitive information and you will always have access to your funds.
You own your own private keys so you are free to access your assets at all times through Ember or another wallet provider.
You can download the Ember Fund app on another phone and log in with your username and password to get full access to your funds. No one will be able to send your funds from your wallet without proper credentials.
No. Please do not share any of your personal information to anyone (even us at Ember Fund), other than people you 100% trust. Your password is very important, but so is your username. Think about your username as the social security number for your crypto wallet. Sharing your username allows anyone to take a jab at breaking open your account. Since you cannot get locked out of your account for multiple failed logins, sharing your username makes you susceptible to hackers. Your username and password ARE you private keys.
While Ember Fund tries to make managing your account easy with the username/password system, you can always access your private keys through our wallet partner, Edge. You may download the Edge app and login with your same Ember Fund login credentials to access your private keys.
In Edge, if you hold altcoins in your portfolio most likely you will need to reveal your ERC-20 tokens so that they appear and reflect in your balance.
You can follow these steps: https://support.edge.app/support/solutions/articles/8000062529-how-do-i-add-custom-erc20-tokens-
P.S. While invested in a portfolio, please don't move funds around in the Edge wallet or deposit funds directly into it since it WILL cause technical issues on our end. We recommend transferring funds out of Edge only if you plan on selling out of your portfolio entirely. Thank you.
Two-factor authentication, or 2FA is an extra layer of security that requires users to enter multiple verification factors in order to access their account. Many financial institutions and tech companies offer this feature to protect their users against fraudulent activity.
Ember Fund utilizes a truly non-custodial, one-touch 2FA system which enables users who set up 2FA to retain 100% control of their assets with no 3rd party able to move their funds. The 2FA feature is built right into the app so you don’t need any additional apps or personal information to utilize the feature. Our hope is that using Ember Fund’s 2FA feature will create a simpler, more private and secure experience than traditional 2FA systems.
Should you lose your device, you can still login using another device and request a 2FA reset. The reset typically requires 7 days, during which a notification will be sent to your new device to prevent a fraudulent reset.
Ember leverages Airbitz/Edge technology to do:
- Automatic client-side data encryption using users' credentials.
- Automatic backup to P2P server nodes.
- Automatic synchronization between users' devices.
- Blockchain operations such as private key generation and blockchain queries. (Your phone interacts with multiple blockchains, not Ember).
Absolutely! If you love the app, please share it. Every time you share your referral code, you will earn 1% of all deposits from the people you refer, up to $100. Your friend will also get 1% of the deposit credited to their account up to $100. The deposits will aggregate. If the person you referred makes multiple deposits, you will earn a 1% reward for each of those deposits. Referrals deposit directly into your Ember wallet as Bitcoin.
Simply go the Settings tab and tap on “Share Ember and Earn $100.” From there, you can directly share your unique code to anyone.
Fees vary depending on the portfolio. Ember Fund charges 1.5% when users buy into or sell out of the Big 3 Weighted portfolio. For the Quant and Ember DeFi index, Ember Fund charges a 3% annual management fee.
Because we execute every transaction on chain, there will be small/variable mining fees associated to cover the cost of transactions. Mining fees do not go to Ember Fund.
The Quant and DeFi index currently offer fee-free, automatic rebalancing.
For other portfolios, there will be small/variable mining fees associated to complete the rebalances. We hope to have fee-free rebalancing on these funds soon as well.
The overall goal of the portfolio is to achieve 80% of Bitcoin's returns while minimizing BTC's losses to ~30%. To accomplish that goal, the algorithm for the portfolio monitors the market constantly to look for long term uptrends and downtrends. When an uptrend is detected, the portfolio will rebalance into BTC. When a downtrend is detected, the Quant will rebalance into a stablecoin. The Quant was designed to be invested in for over a year, and should have better risk-adjusted returns than simply holding Bitcoin.
If your BTC amount is lower than what you had invested, that is likely temporary due to deposit mining fees and the Quant's strategy in the short term. The algorithm prioritizes compounding USD value rather than BTC amount which in a bull run will slightly underperform holding BTC, in an effort to protect investors from market crashes. However during downtrending markets, the higher USD value saved allows the Quant to accumulate more BTC.
The Quant's algorithm has strict guidelines on when to trade and aim to take the human/emotional element out of trading. The idea is that across a long period of time (over a year) this algo will have better risk-adjusted returns than Bitcoin, so it's important to keep a longer-term mindset. The Quant leverages machine learning and regression analysis to detect when a downtrend or uptrend has been established before the portfolio rebalances. The algorithm focuses on longer-term trends rather than intra-day trading, so the portfolio aims to maximize risk-reward by waiting for a trend to be established in order to rebalance.
The coin allocations in-app reflect the liquidity of Ember’s smart contract that runs the Quant, which fluctuates slightly as people deposit/withdraw from their portfolios. The small USDC percentage won’t affect your portfolio performance.
In our newer portfolios (Quant, DeFi Index), your crypto is locked in Ember's Smart contract which facilitates automatic, mining fee-free rebalancing. The private key to interact & unlock funds from the smart contract are stored in Edge (shown as ETH Ember Smart Wallet), however the individual coins within the portfolio are not viewable in Edge.
At a higher level to explain the flow of our portfolios, when you enter the portfolio, your BTC is put into the smart contract and you were issued one of our tokens. (EBTCQ, EDI, etc). These tokens were made by Ember, and represent your holdings in their respective portfolio. The tokens themselves track the performance of the trades in the portfolio, and when you finally sell and redeem your tokens, you will receive the equivalent value in BTC to your Ember BTC Wallet.
You can send an email to firstname.lastname@example.org and we’ll answer any questions you have.
Ember Fund’s mining program is a new feature that is designed to help users learn about crypto daily. To incentivize users to learn, we have developed a bitcoin rewards program called “mining” in which a user can earn satoshis by turning on their miner daily and viewing educational content available that day.
User’s aren’t mining bitcoin in the traditional sense with their computing power. Instead, Ember’s Bitcoin mining rewards program is a fun way to earn Satoshis when the user opens the app every day. The mining rewards are calculated in real time and paid out at the end of the campaign.
Ember rewards will be distributed to each user’s Ember Wallet once 1 full BTC is mined across all users. Depending on the popularity of this feature, we estimate that it will take 2-3 months for rewards to be distributed. Emails/notifications will be communicated when the time comes, and you’ll need to prove that you’re a legitimate user.
Open the app daily and tap on the “Start Mining” button to start earning BTC
Your miner will turn off after 24 hours, at which point you’ll no longer be earning BTC. Your mining page will turn gray and your Satoshi counter will pause. We will send you a notification when your miner turns off.
No, you cannot mine from more than one account. Once the full BTC has been mined, you’ll need to prove that you’re a legitimate user to receive rewards.
All users have a base mining rate of 10 Satoshis / hour for the first mining cycle. Once the first mining cycle completes and 1 BTC is mined across all users, future next mining cycles will have lower base mining rates. However, future mining cycles will also support actions to increase your personal mining rate significantly.
Welcome to the User Terms of Service for Ember Fund Inc. and any associated websites, software, mobile applications, and any services provided by Ember Fund Inc. (collectively referred to as the “Platform”). This is an agreement (“Agreement”) between Ember Fund Inc. (“Ember Fund"), the owner and operator of the Platform and You (“You”, “Your” or “User(s)”), a User of the Platform.
Throughout this Agreement, the words “Ember Fund,” “us,” “we,” and “our,” refer to our company, Ember Fund Inc., as is appropriate in the context of the use of the words.
PLEASE BE AWARE THAT THERE ARE ARBITRATION, PAGA, AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
Portions of the Platform may require You to create a login or sign-up for an account. You must fully complete the registration process by providing us with Your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where a User creates an account, we may ask You to provide identification so that we may verify Your identity. Where required, Ember Fund may also assign You a username and password. You are entirely responsible for maintaining the confidentiality of Your password and account and for any and all activities that occur under Your account. You agree to notify Ember Fund immediately of any unauthorized use of Your account or any other breach of security. Ember Fund will not be liable for any losses You incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Ember Fund or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Companies may register via the Platform but may only have one User account. If You are registering on behalf of Your company, You represent and warrant that You are authorized by Your company to create an account on Your company’s behalf and You represent and warrant that You are authorized by Your company to incur financial obligations and enter into legally binding agreements on behalf of Your company. Ember Fund has the sole discretion in granting or denying any accounts. In order to comply with US federal and state law requirements, we may conduct a background check or require You to verify the personal and financial information submitted by You. By creating an account You expressly authorize us to conduct such background check and You authorize us to verify and share any information provided by You with third parties that we may hire or use for such verifications.
Users of the Platform must be at a minimum 18 years of age.
After creating an account we may grant You access to the Platform as permitted by us and at our discretion. Where You download any portions of our Platform we grant You a limited, non-exclusive, fully revocable, non-transferable, and non-assignable license to download and use the Platform in accordance with this Agreement. Your access is limited to Yourself and is personal to You, You may not transfer or assign Your access to any third parties. All rights not explicitly granted are reserved for Ember Fund. If You breach any of these access provisions or at our discretion, Your access to use our Platform may be suspended or terminated. Additionally, we may revoke Your access to our Platform if we believe that Your actions may harm us, our business interests, or any third party rights. Failure by us to revoke Your access does not act as a waiver of Your conduct. Nothing in this Agreement obligates us to provide You any access to the Platform or any of our associated services.
Ember Fund allows You to send, request, receive, and store digital currency (“Digital Currency or Digital Currencies”) via Your own digital wallet (“Digital Wallet”). All wallets created are non-custodial, meaning that You control all private and public keys associated to the Digital Wallet and Ember Fund never has control or possession of Your Digital Wallet to facilitate any transactions made. Ember Fund reserves the right to refuse to process or to cancel any pending digital transaction as required by law, at our discretion, in response to a subpoena, court order, or other binding government order, or to enforce transaction limits. Please be aware that once a transaction is initiated via Your Digital Wallet, Ember Fund may not reverse such transaction, Your Digital Wallet is solely controlled by You and we cannot access or control Your Digital Wallet in any manner, You are solely liable for maintaining access to Your Digital Wallet . For any transactions initiated using the Platform, Ember Fund may take a transaction fee, whether or not such transaction is successful. The transaction fee taken by Ember Fund may be one percent (1%) or another amount as listed within Your account or on the Platform. For more information regarding transaction fees please contact us. Ember Fund has no obligation to support any Digital Currencies. Under no circumstances should You attempt to use Your own Digital Wallet to store or transact any non-supported digital currencies. PLEASE BE AWARE THAT ANY NON-SUPPORTED DIGITAL CURRENCY MAY BE LOST IF YOU ATTEMPT TO STORE SUCH DIGITAL CURRENCY IN YOUR DIGITAL WALLET. Ember Fund assumes no responsibility or liability in connection with any attempt to use OR STORE ANY digital currencies AND YOU RELEASE EMBER FUND FROM ANY LIABILITY AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY TRANSACTIONS REGARDING YOUR DIGITAL WALLET.
Ember Fund does not provide any investment, tax, or legal advice, nor does the Ember Fund broker trades on the User’s behalf. We are not Your broker, intermediary, agent or advisor and have no fiduciary relationship or obligation with You when You use the Platform to exchange Digital Currencies. We have no liability for any of Your activities or decisions made while using the Platform.
NO FINANCIAL, INVESTMENT, OR SECURITIES ADVICE IS GIVEN THROUGH THE PLATFORM. PLEASE CONSULT YOUR FINANCIAL PROFESSIONAL FOR ANY ADVICE. Nothing contained on the Platform constitutes a solicitation, recommendation, endorsement, or offer by Ember Fund or any third party to buy or sell any Digital Currencies, securities, or other financial instruments. Neither Ember Fund nor any of its affiliated parties has: (1) passed on the merit or approved of any Digital Currencies displayed on the Platform; or (2) has endorsed or sponsored any Digital Currencies displayed. All content found on the Platform is provided for informational and educational purposes only. No content found on the Platform, whether created by Ember Fund or another user is or should be considered as investment advice. PLEASE BE AWARE THAT ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Any data or content provided by Ember Fund is believed to be reliable and accurate; however, due to the nature of such content or data it is possible that such information may be inaccurate, untimely, or contain errors. You solely are responsible for evaluating such data or content and Ember Fund is not responsible for any errors or omissions with the data or content.
We may prohibit Your use of the Platform if You are located within a high risk jurisdiction or country including, but not limited to, to any countries sanctioned by the U.S. State Department or the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”). You are prohibited from using or accessing Ember Fund to transmit or exchange digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion. Ember Fund reserves the right to deny, delay, or cancel a transaction it perceives as a risk of criminal or fraudulent activity at our sole discretion. You agree to abide by all United States’ laws (federal, state, and local) and the local laws of Your jurisdiction while using the Platform.
Digital Currencies are inherently volatile and risky. The Platform attempts to provide up to date information for all Digital Currency listed; however, due to the nature of Digital Currencies some information may be out of date or inaccurate. Any transaction should be quoted at the then listed rate of the trading platform You have selected. As You control Your own Digital Wallet You are solely responsible for verifying any rates for any Digital Currencies we cannot change, reverse, or alter any rates. As Ember Fund is a non-custodial exchange we are not liable to You for any inaccurately quoted rates for any Digital Currency and have no liability to You for any rates displayed. Our Platform cannot control the timing of any transactions, transaction times are based on Your Digital Currency selected and we are not liable or responsible for any delays or any issues due to untimeliness of any transactions initiated through the Platform.
After properly registering for the Platform You shall be granted access to the Platform. Where You download the Platform, You are granted a limited, fully revocable license to access and use the Platform in accordance with this Agreement. Additionally, You agree to abide by the following restrictions listed below:
• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of the Platform.
• You may not share Your access with any other parties unless permitted by us in writing.
• You may not violate any laws, rules or procedures of the United States.
• You may not violate any of our additional policies.
• You may not use our Platform except through specific channels provided by us.
• You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
• You may not sell, lease, loan, distribute, transfer, or sublicense Your access to the Platform.
Please be aware that this is not an all-encompassing list of restrictions, if You breach any of these restrictions, we may revoke Your access to our Platform, at our discretion. Additionally, we may revoke or restrict Your access to our Platform if we believe that Your actions may harm or have harmed Ember Fund or the Platform itself. Failure by us to revoke Your access does not act as a waiver of Your conduct.
When accessing or using our Platform, You are solely responsible for Your use and for any use of the Ember Fund Platform made using Your account. You agree to abide by the following rules of conduct:
• You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
• You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
• You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
• You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You agree not to use the Platform to stalk, harass, bully or harm another individual;
• You agree that You will not hold Ember Fund responsible for Your use of the Platform;
• You agree not to violate any requirements, procedures, policies or regulations of networks connected to Ember Fund;
• You agree not to interfere with or disrupt the Platform;
• You agree to not violate any US federal or state laws while using the Platform; and
• You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If You are discovered to be undertaking any of the aforementioned actions or if we believe that any of Your actions may harm Ember Fund’s Platform or business interests Your privileges to use our Platform may at our sole discretion be terminated, revoked, or suspended. Generally, we will provide an explanation for any suspension or termination of Your use of any of our Platform, but Ember Fund reserves the right to suspend or terminate any account at any time without notice or explanation.
Although we try to provide continuous availability to You, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. Only Users who are eligible to use our Platform may do so and we may refuse service or terminate Your access at any time. We cannot guarantee that any portion of the Platform will work to the functionality desired by You or give You any desired results.
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to You or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to You. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide You access to previous versions of our Platform. Nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
Your ability to submit or transmit any information through the Platform, including but not limited to text, photos, videos images or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of Your User Content and we may refuse to accept or transmit any User Content. You agree that You are solely responsible for any User Content submitted and You release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. When submitting any User Content to our Platform You represent and warrant that You own all rights to the User Content and You have paid for or otherwise have permission to use any User Content submitted. When You submit any User Content to us, You grant Ember Fund, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, market, sub-license or use and reuse all or part of Your User Content. It is important for You to grant us this license so that we may transmit and share Your User Content and review such User Content. Additionally, although You own all User Content submitted by You, we own all layouts, arrangement, metadata and images that are used to render Your User Content through our Platform. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to You. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content.
When submitting any User Content You agree to the following:
• You agree that User Content submitted is truthful and accurate;
• You agree not to submit any User Content that contains any confidential information;
• You agree not to submit any User Content that contains nudity, or sexual, or explicit content;
• You agree not to submit any User Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;
• You agree not to submit any User Content contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
• You agree not to submit any User Content that is considered spam or politically controversial; and
• You agree not to submit any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If You have violated any of our User Content Guidelines or if You we believe that any User Content may harm the Platform, Your access to the Platform may be suspended or terminated.
Ember Fund shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Ember Fund shall have the right, but not the obligation, to remove or disable access to any User Content at our sole discretion.
Through the Platform, third parties may be able to post information (“Third Party Content”). Ember Fund does not introduce, endorse, or recommend any third parties or Third Party Content to You or vice versa. Any opinions, advice, or information expressed by any third party are those of the individual and the individual alone and they do not reflect the opinions of Ember Fund. Ember Fund does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any third party or any Third Party Content. Please be aware that any Third Party Content posted may not be truthful, accurate, or up to date.EMBER FUND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: (1) ANY INTERACTIONS BETWEEN YOU AND ANY THIRD PARTY; (2) ANY THIRD PARTY CONTENT, AND/OR (3) ANY LOSS OR INJURY ARISING OUT OF ANY ACT OR OMISSION OF ANY THIRD PARTY OR ANY THIRD PARTY CONTENT. EMBER FUND IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY THIRD PARTY OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES (INCLUDING LOST PROFTIS) OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM YOUR USE OF THE PLATFORM. You agree not to attempt to impose liability on, or seek any legal remedy from EMBER FUND with respect to such actions or omissions OF A THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR ALL INTERACTIONS WITH ANY SERVICE PROVIDERS. YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, PLEASE DO NOT USE OUR PLATFORM.
Once a transaction has been initiated it may not be reversed or refunded. Please be aware that as You control all access to Your Digital Wallet we cannot assist You in any issues related to Your Digital Wallet. If You have any questions regarding a transaction completed using the Platform by Your Digital Wallet, please contact us.
You may cancel Your account at any time via the Ember Fund dashboard or contacting us at email@example.com. Please be aware that upon termination of Your account, access to portions of our Platform may be become immediately disabled. Termination of this Agreement does not relieve User from any obligation to pay Ember Fund. Upon termination You will not be entitled to any refunds or proration of any fees paid except as stated in this Agreement. We may terminate Your account, suspend Your account, or this Agreement with You if we determine that: (1) You have violated any applicable laws while using our Platform; (2) if You have violated this Agreement or any other of our Platform policies; (3) if Your account has remained inactive for an extended period of time; or (4) if we believe that any of Your actions may harm Ember Fund or a third party, at our sole decision or discretion. In the event of termination, we will strive to provide You with a timely explanation; however, we are not required to do so. Where termination has occurred, portions of this Agreement shall survive and remain in full force as stated in the “Survival” section of this Agreement.
Depending on the laws of Your jurisdiction You may be taxed for any payments or purchases. Therefore, at the time of payment we may collect all applicable taxes related to Your use of the Platform. In the event that we do not collect the applicable taxes, You agree that You are still responsible for any applicable taxes. Although no taxes may be collected by us You agree that You will pay any applicable taxes or fees to the tax agencies having jurisdiction over You.
If we believe that You have participated in a fraudulent transaction we will pursue our claims against You to the fullest extent allowed by law and we reserve the right to take any action necessary regarding any fraudulent transactions. In the event that we believe that a User has completed a fraudulent transaction, we will forward Your information to the applicable law enforcement agency, which may result in civil or criminal penalties.
From time to time Ember Fund may offer discounts, programs, promotions, incentives, or other initiatives (collectively “Initiatives”) through the Platform. Please be aware Ember Fund reserves the right to discontinue, alter, remove, update, or otherwise change any Initiatives at any time and at our discretion. Your participation or eligibility to participate in any Initiative is subject to Ember Fund’s approval and we may remove or restrict your participation in any Initiative at our discretion. Any Initiatives are also subject to any additional terms and conditions as set forth or as promulgated by Ember Fund. Ember Fund has no obligation to offer any Initiatives and you agree to release us from any liability associated with your participation in any Initiative.
Ember Fund or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Ember Fund. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Ember Fund’s products might seem similar to ideas You submitted to Ember Fund. If, despite our request that You not send us Your ideas, You agree to the following: (1) Your Submissions and their contents will automatically become the property of Ember Fund, without any compensation to You; (2) Ember Fund may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Ember Fund to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
The name “Ember Fund,” “Ember Fund, Inc.”, the Ember Fund logo, the design of the Ember Fund Platform along with Ember Fund created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein ("Marks"), are owned by or licensed to Ember Fund. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Ember Fund reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given You express written permission. All rights not expressly granted are hereby reserved.
THE PLATFORM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER EMBER FUND, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, LOST PROFITS, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE INCLUSION OF ANY DIGITAL CURRENCY ON THIS PLATFORM DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION BY EMBER FUND. EMBER FUND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND EMBER FUND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT EMBER FUND DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS BUT MAY DO SO AT OUR DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EMBER FUND OR THROUGH THE PLATFORM, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT SHALL EMBER FUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY, IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EMBER FUND AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Ember Fund’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
THE PLATFORM ONLY ASSISTS FOR USERS TO PURCHASE DIGITAL CURRENCIES THROUGH DIGITAL WALLETS THAT USERS SOLELY CONTROL. EMBER FUND WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY ACTIONS UNDERTAKEN BY YOU AND YOU EXPRESSLY WAIVE AND RELEASE EMBER FUND FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE PLATFORM. YOU RELEASE EMBER FUND AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE WITH ANOTHER USER, THE PLATFORM, OR OTHER THIRD PARTY.
You agree to release, defend, indemnify, and hold Ember Fund and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) Your breach of this Agreement, (ii) Your improper use of the Ember Fund Platform or any services provided, (iii) Your interaction with any User or other third party including without limitation any injuries, losses or damages of any kind arising in connection with or as a result of such interaction, (iv) Your breach of any laws, regulations or third party rights. You agree that this indemnity extends to requiring You to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and You shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If You believe that any copyrighted material owned by You has been infringed upon by someone using our Platform, please send us a message which contains:
• Your name.
• The name of the party whose copyright has been infringed, if different from Your name.
• The name and description of the work that is being infringed
• The location on our Platform of the infringing copy.
• A statement that You have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that You swear, under penalty of perjury, that the information contained in this notification is accurate and that You are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Ember Fund, firstname.lastname@example.org or Copyright Agent - Ember Fund, Inc. 12130 Millennium Drive 02-174, Los Angeles, CA 90094
In the event that You receive a notification from Ember Fund stating content posted by You has been subject to a DMCA takedown, You may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
• Your name, address, email and physical or electronic signature.
• The notification reference number (if applicable).
• Identification of the material and its location before it was removed.
• A statement under penalty of perjury that the material was removed by mistake or misidentification.
• Your consent to the jurisdiction of a federal court in the district where You live (if You are in the U.S.), or Your consent to the jurisdiction of a federal court in the district where the party is located.
• Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding Your counter-notice unless Your notification strictly complies with the foregoing requirements. Please send this counter-notice to: email@example.com or Copyright Agent - Ember Fund, Inc. 12130 Millennium Drive 02-174, Los Angeles, CA 90094
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in California.
This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the state of California, without giving effect to conflict of laws principles thereof.
Each party agrees that before it seeks mediation, arbitration, or any other form of legal relief it shall provide written notice to the other of the specific issues in dispute (and referencing the specific portions of the Agreement which are allegedly being breached). Within thirty days after such notice, knowledgeable executives of the party or the individuals themselves shall hold at least one meeting (in person or by video- or tele-conference) for the purpose of attempting in good faith to resolve the Dispute. The parties agree to maintain the confidential nature of all disputes and disagreements between them, including, but not limited to, informal negotiations, mediation or arbitration, except as may be necessary to prepare for or conduct these dispute resolution procedures or unless otherwise required by law or judicial decision. The dispute resolution procedures in this Section shall not apply prior to a party seeking a provisional remedy related to claims of misappropriation or ownership of intellectual property, or trade secrets.
You agree that any dispute relating in any way to Your use of the Platform shall be submitted to confidential binding arbitration. If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, You and Ember Fund agree that the arbitrator will decide that issue. However, any claim that all or part of the Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “Rules”) then in effect, except as modified here. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be Los Angeles, CA or a location agreed upon by the parties. Where a Dispute does not exceed $15,000 such Dispute shall be arbitrated solely via pleadings and documents. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned (. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, You agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Los Angeles, CA. For a copy of the Rules, please visit www.adr.org or by calling the AAA at 1–800–778–7879.
User has the right to opt out of binding arbitration within thirty (30) days of the date You first accepted this Agreement by notifying us at with a communication labeled “Arbitration Opt Out” to firstname.lastname@example.org or by mail at Ember Fund, Inc. 12130 Millennium Drive 02-174, Los Angeles, CA 90094. In order to be effective, the opt out notice must include Your full name, any account information, and must clearly indicate Your intent to opt out of binding arbitration. If You have decided to opt-out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within Los Angeles County, CA.
Exceptions to Arbitration
User agrees that all Disputes shall be arbitrated, except for as provided above and as follows: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances such as, imminent danger or commission of a crime. Such claims shall be brought before a judicial proceeding in a court of competent jurisdiction located within Los Angeles County, CA.
YOU UNDERSTAND AND AGREE THAT YOU AND Ember Fund MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND Ember Fund BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST Ember Fund, WHICH ARE ADDRESSED SEPARATELY.
Notwithstanding any other provision of this Agreement, the Arbitration provisions or any associated rules or the, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Disputes (defined below), the class, collective, and/or representative action on such Disputes must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) You and Ember Fund agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both You and Ember Fund agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether You have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the arbitration section or the associated rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on any arbitration provisions or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the arbitration provisions; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Disputes to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Disputes, the parties agree that litigation of those Disputes shall be stayed pending the outcome of any individual Disputes in arbitration.
You agree that we are not responsible to You for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement You may have with Ember Fund are deemed to conflict with each other’s operation, You agree that Ember Fund shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, content provisions, User representations and warranties, payment provisions, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign Your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email You. You may refuse to agree to the amendments, but if You do, You must immediately cease using our Platform.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Ember Fund must be sent to our agent for notice to: email@example.com or Ember Fund, Inc. 12130 Millennium Drive 02-174, Los Angeles, CA 90094
California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Platform, You agree to the foregoing and You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list, and that You will otherwise comply with all applicable export control laws.
The communications between You and Ember Fund use electronic means, whether You visit the Platform or send Ember Fund e-mails, or whether Ember Fund posts notices on the Platform or communicates with You via e-mail. For contractual purposes, You (1) consent to receive communications from Ember Fund in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Ember Fund provides to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect Your statutory rights.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or otherwise anonymized.
Whenever you use our Platform, we may collect non-identifying information from you, such as your IP address, interactions with the Platform, query information, location information, referring URL, browser, application interaction, mobile provider information, operating system, data usage, data transferred, and Internet Service Provider.
Please be aware that we me may collect and aggregate personal information from our Platform and may anonymize that information for our own research or internal purposes. Once such data has been anonymized, it cannot be traced back to you, the user.
This section explains how Ember Fund may share or use your personal information. You consent to our use of your personal information for the following purposes:
CONTRACT ADMINISTRATION - We may use your personal information to negotiate, execute, renew and/or manage a contract with you.
ACCESS AND COMMUNICATIONS TO OUR PLATFORM AND SERVICES - We may use your personal information to (1) set-up and manage your Ember Fund account; (2) interact with you through our Platform (e.g. software updates, Platform announcements, etc.): (3) to allow other users to contact and communicate with you; and/or (4) manage and respond to your questions (e.g. technical, commercial or administrative) or requests for maintenance and support.
USE OF THE PLATFORM - We may use your personal information to (1) enable you to enjoy the use of, and easily navigate the Platform; and/or (2) better understand your needs and interests.SHARING WITH THIRD PARTIES - We may use your personal information to share with other users of the Platform; to share with our partner companies or future affiliates for research, marketing, and other purposes. We may also share your information with service providers with whom we contract with such as contractors, web hosts, data providers and others so that we may provide you any services and allow you to access the Platform.
TRAINING & IMPROVEMENTS - We may use your personal information to (1) train our employees or contractors to allow for a better Platform experience; and/or (2) improve the Platform.
DIRECT MARKETING AND INQUIRIES - We may use your personal information to contact you for additional products and services that you may be interested in or to respond to an inquiry.
When using our Platform you may be able to access and edit some of your personal information via the Platform dashboard. If at any time, you have any questions or wish to review, change, or edit any additional personal information collected by us, please contact us at firstname.lastname@example.org.
If you wish to have any of your personal information stored within the Ember Fund Platform removed, please contact us at email@example.com. Please be aware that removal requests are not processed instantaneously. There may be a reasonable delay in removing any personal information requested. Additionally, we will retain and use your personal information (even after a removal or deletion request), where required, so that we may fulfill our legal obligations, resolve disputes, and enforce our agreements.
If you decide to provide us with your contact information, you agree that we may send you communications via text and email where you have consented. However, you may opt out of any communications and you may opt out of certain personal information submission where applicable. If you wish to opt out of certain communications or information collection, please do so via the Platform dashboard.
We currently do not offer website functionality for you to opt out of any “do not track” signals or listings.
We make reasonable attempts to protect your information by using physical and electronic safeguards in accordance with industry standards. However, as our Platform is hosted electronically we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, robust passwords, firewalls, and other precautions to protect yourself from security and privacy threats.
If you are not a citizen of the United States please be aware that your personal information shall be transferred and processed in the United States. Please be aware that US laws may not be as protective as the laws of your local jurisdiction.
In the event that Ember Fund is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your personal information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.
If you have any additional questions, please contact us at firstname.lastname@example.org.