Terms of Service
Last updated:
Nov 4, 2024
Welcome
Welcome to Ember Creative. These terms and conditions (the "Terms") govern your use of our website and the subscription services provided by Ember Creative (collectively, the "Service"). By accessing or using our Service, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
1. Subscription Services
1.1 Subscription Plans
Ember Creative offers various subscription plans that provide design services as detailed on our website. Each plan outlines the specific services included, pricing, and any limitations.
1.2 Payment Processing
All subscription fees are processed through Stripe, a secure payment processing platform. By subscribing to our services, you agree to the processing of your payment information by Stripe and acknowledge that you have read and accepted Stripe's terms and conditions and privacy policy.
1.3 Payment
By selecting a subscription plan, you agree to pay the associated fees. Payments will be processed monthly or annually, depending on the plan you choose. All fees are non-refundable unless otherwise stated.
1.4 Automatic Renewal
Your subscription will automatically renew at the end of each billing cycle unless you cancel it prior to renewal. You authorise us to charge the then-current subscription fee to the payment method you have on file with Stripe.
1.5 Cancellation
You may cancel your subscription at any time through your account settings or by contacting us directly. Cancellation will take effect at the end of the current billing cycle, and you will continue to have access to the Service until that time.
2. Use of the Service
2.1 Eligibility
You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you meet this eligibility requirement.
2.2 User Responsibilities
You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You must notify Ember Creative immediately of any unauthorised use of your account.
2.3 Content Submission
Any content submitted to Ember Creative, including design requests and feedback, must be lawful and must not violate any third-party rights. You grant Ember Creative a non-exclusive, royalty-free licence to use, reproduce, and modify any content you provide.
3. Intellectual Property
3.1 Ownership
All content, designs, logos, and other materials available on the Ember Creative website are the property of Ember Creative or our licensors and are protected by copyright, trademark, and other intellectual property laws.
3.2 Licence to Use
You are granted a limited, non-exclusive, non-transferable licence to access and use the Service for personal and commercial purposes, subject to these Terms.
4. Disclaimers and Limitation of Liability
4.1 No Guarantee of Results
While we strive to provide high-quality design services, we make no guarantees regarding the results or effectiveness of our services. Your use of the Service is at your own risk.
4.2 Limitation of Liability
To the fullest extent permitted by law, Ember Creative shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service.
5. Changes to Terms
Ember Creative reserves the right to modify these Terms at any time. Changes will be effective upon posting the revised Terms on our website. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.
6. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from these Terms shall be resolved in the courts of Australia.
7. Contact Information
If you have any questions about these Terms, please contact us at [Insert Contact Information].
Important Considerations:
Privacy Policy: Ensure you have a privacy policy that complies with the Australian Privacy Principles (APPs) under the Privacy Act 1988, particularly concerning the handling of payment information.
Stripe Terms: Review and ensure that your customers are aware of Stripe's terms and conditions and privacy policy, as they will apply to the handling of payment transactions.
Consumer Rights: Be mindful of the Australian Consumer Law (ACL), which protects consumers against unfair practices.
Legal Review: It’s advisable to have a legal professional review your terms and conditions to ensure compliance with local laws.