Operator and Legal Entity
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Ember Forge ("we", "our", "us") is a digital platform operated by M & W Logistics LLC, a Virginia limited liability company ("Company").
These Terms of Service ("Terms") govern your access to and use of Ember Forge's products and services.
DBA Disclosure Notice
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Ember Forge is the product and service brand used by M & W Logistics LLC for this platform.
All references to "Ember Forge" in this document refer to the services operated by M & W Logistics LLC.
1. ACCEPTANCE OF TERMS
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By accessing or using the Ember Forge platform ("Service"), you agree to be bound by these Terms, including the Acceptable Use Policy ("AUP"), the Data Processing Agreement ("DPA"), the Liability Protection Amendment, the AI Service Terms, and our Privacy Policy (collectively, the "Service Policies").
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms and the incorporated Service Policies.
2. DESCRIPTION OF SERVICE
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Ember Forge provides a cloud-based social media management platform that enables users to:
- Schedule and publish content to Facebook Pages, Instagram Business accounts, YouTube, and TikTok-supported workflows.
- Upload and manage media content.
- Generate AI-powered captions and content suggestions.
- Access analytics and performance insights.
- Manage multiple social media accounts from a single dashboard.
We may modify, delay, or discontinue features that rely on third-party APIs (such as Facebook, Instagram, YouTube, or TikTok) if those platforms change, restrict, or review their APIs. When feasible, we will provide notice of material feature changes.
Some features may be offered as beta or pre-release functionality. Beta features are provided "as is," may contain bugs, and may be modified or discontinued at any time.
3. ACCOUNT REGISTRATION AND SECURITY
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3.1 Account Creation
- You must provide accurate, complete, and current information during registration.
- You must be at least 18 years old to use the Service.
- You are responsible for maintaining the confidentiality of your login credentials.
- You are responsible for all activities that occur under your account.
3.2 Account Security
- Notify us immediately of any unauthorized use of your account.
- We may suspend or terminate accounts that violate these Terms.
- Multi-factor authentication may be required for certain actions.
4. SUBSCRIPTION PLANS AND BILLING
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4.1 Subscription Plans
Our subscription plans are listed at https://emberforgeapp.com/#sf-pricing.
By subscribing, you agree to pay all applicable fees for your selected plan.
4.2 Payment Terms
- Subscriptions are billed monthly or annually in advance.
- Taxes may apply.
- Payments are processed via Stripe; you agree to Stripe's Terms of Service.
- AI credits or feature limits may reset monthly depending on your plan.
By subscribing, you request immediate access to the Service and waive any right of withdrawal under EU consumer law.
4.3 Refunds and Credits
- Failed posts due to platform errors will be credited automatically.
- No refunds after a billing cycle begins.
- Unused credits do not roll over.
5. USER CONTENT AND INTELLECTUAL PROPERTY
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5.1 Your Content
- You retain ownership of content you upload.
- You grant us a limited license to store, process, and publish your content solely for providing the Service.
- You represent and warrant that you have rights to the content you upload.
5.2 AI-Generated Content
- AI output is provided "as is."
- You are solely responsible for reviewing and approving all AI-generated content before publishing.
- AI suggestions are advisory and not professional advice.
- You retain ownership of AI-generated content.
5.3 Prohibited Content
You may not upload or publish content that:
- Violates intellectual property rights.
- Contains hate speech, harassment, or discriminatory material.
- Violates any laws or regulations.
- Violates the terms of service of connected social media platforms.
- Contains malware or harmful code.
5.4 Social Platform Compliance
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You are responsible for ensuring that all content you publish through Facebook, Instagram, YouTube, or TikTok complies with the policies of those platforms.
Ember Forge does not monitor or moderate your content and is not liable for actions taken by these platforms, including content removal, account restriction, or penalties.
6. THIRD-PARTY INTEGRATIONS
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6.1 Social Media Platforms
- Your use of Facebook, Instagram, YouTube, and TikTok is subject to their respective terms and policies.
- You authorize us to publish content on your behalf only when you initiate publishing or scheduling actions.
- We are not responsible for API changes, outages, or restrictions imposed by third-party platforms.
6.2 Disconnection of Accounts
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If you disconnect a Facebook Page or Instagram Business Account:
- We immediately lose access to publish content or retrieve analytics.
- Scheduled posts may fail.
- Platform features relying on that data will no longer function.
You acknowledge that disconnecting accounts may impact service functionality.
6.3 Facebook and Instagram Data Usage
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We access Facebook and Instagram data only after you grant the required permissions.
We do not sell or transfer such data to third parties.
We use Meta data only to:
- Publish content you explicitly create.
- Retrieve insights and analytics.
- Maintain authentication and token refresh workflows.
All usage is governed by Meta's platform policies and our Privacy Policy.
6.4 TikTok Data Usage
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We access TikTok account data only after you authorize the required permissions.
We use TikTok-derived data solely to support connected workflows such as account connection, publishing, upload or draft transfer, video listing, analytics, and related coaching or reporting features.
We do not sell or transfer TikTok-derived data to third parties. We share it only with subprocessors necessary to operate the service under confidentiality and data protection obligations.
Your use of TikTok-connected features remains subject to TikTok's platform policies, product review status, and API availability.
7. DATA PROCESSING AND PRIVACY
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7.1 Data Collection
We process personal data according to our Privacy Policy, which is incorporated by reference.
7.2 Analytics Data
- We collect engagement and performance data for analytics dashboards.
- Aggregated data may be used to improve the Service.
- You may export your analytics at any time.
8. SERVICE LEVEL AND AVAILABILITY
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8.1 Uptime Commitment
We strive for 99.5% uptime, excluding maintenance windows.
Scheduled posts are processed every 15 minutes.
8.2 Support
- Standard plans: 24-48 hour response time.
- Business plans: 12-24 hour response time.
9. LIMITATIONS OF LIABILITY
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9.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
9.2 Limitation of Liability
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
9.3 Maximum Liability
Our liability will not exceed the lesser of fees paid in the last 12 months or $100 USD.
10. INDEMNIFICATION
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You agree to indemnify and hold harmless Ember Forge from all claims arising from:
- Your use of the Service.
- Your violation of these Terms.
- Your violation of third-party rights.
- Content you publish.
11. TERMINATION
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11.1 Termination by You
You may cancel anytime.
Data export must be requested within 30 days.
11.2 Termination by Us
We may suspend or terminate accounts for:
- Violations of these Terms.
- Non-payment.
- Illegal or fraudulent activity.
- Excessive resource usage.
12. MODIFICATIONS TO TERMS
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We may modify these Terms at any time.
Material changes will be communicated 30 days in advance.
13. DISPUTE RESOLUTION
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13.1 Informal Resolution
Contact support@emberforgeapp.com before filing a claim.
13.2 Arbitration
Unresolved disputes will be submitted to binding arbitration under AAA rules in Virginia, USA.
13.3 Governing Law
These Terms are governed by Virginia law.
14. GENERAL PROVISIONS
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14.1 Entire Agreement
These Terms constitute the entire agreement between you and Ember Forge.
14.2 Severability
Invalid provisions do not affect the remainder.
14.3 Assignment
You may not assign these Terms; we may assign them to a successor entity.
14.4 No Waiver
Failure to enforce a provision does not constitute waiver.
15. ENHANCED LIABILITY PROTECTIONS
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(Existing language retained; incorporated by reference.)
16. INCORPORATED POLICIES
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AUP, DPA, Liability Amendment, and other linked policies are incorporated by reference.
17. CONTACT INFORMATION
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Ember Forge
Email: support@emberforgeapp.com
Support: support@emberforgeapp.com
Legal: legal@emberforgeapp.com
For legal correspondence requiring physical mail, please contact us via email for the current mailing address.
Copyright 2025 Ember Forge - M & W Logistics LLC
Business mailing address available upon request.
Contact: support@emberforgeapp.comLegal
Terms of Service
Review the terms that govern use of Ember Forge products and services.