Terms of service

Ember is for businesses. By signing in or using Ember, you agree to these terms for the agency, advertiser or other business you use it for (the “Customer”), and you confirm you are at least 18 and authorized to bind it. If the Customer has a separate signed agreement with us, that agreement controls where it differs from these terms.

Ember reads the Meta ad accounts the Customer connects, reports on their performance, evaluates campaigns against the Customer’s goals and rules, recommends budget, pause and launch decisions, and carries out the decisions a person approves. It can also track the Customer’s funnels, connect to tools such as Slack and GoHighLevel, and be used through AI assistants over MCP. An AI assistant the Customer connects receives the data it asks for, including leads’ contact details. We may improve, change or retire features over time.

• You sign in with your email address and a password, or with a one-time code sent to your email. Keep your password private and access to that inbox secure; anyone who can read it can sign in as you or reset your password.
• The Customer is responsible for who it gives access to, for what they do in Ember, and for AI assistants they authorize to act through Ember.
• Tell us promptly at support@scout-talented.com if you suspect unauthorized access.

• When you connect Meta, you authorize us to access the ad accounts, pages and data that connection allows, for the purposes in our privacy policy. Connect only accounts you are authorized to manage.
• You must follow Meta’s terms and policies, including its Commercial Terms, Advertising Standards and, where they apply, its terms for custom audiences and business tools.
• Ember is not made, endorsed or supported by Meta. Meta can change or limit its APIs at any time, which may affect Ember.
• You can remove a connection at any time; see data deletion.

• Ember changes an ad account only when someone with change access has turned changes on for that account and approves the specific change. Each approval is the Customer’s instruction to make that change.
• Before applying an approved change, Ember checks the live value again and refuses if it changed. A change can still fail or be altered by Meta; Ember records what Meta reports, and you should confirm important changes in Meta.
• Recommendations, reviews and creative drafts, including those made with AI, can be wrong or incomplete. They are not financial, legal or advertising advice, and we do not guarantee any result.

The Customer is responsible for its ads, budgets, ad spend, landing pages and offers, and for their compliance with law and Meta’s policies. Meta bills ad spend directly to the Customer; we are not responsible for ad spend, including spend resulting from changes the Customer approved.

If the Customer installs Ember’s tracking script or connects a booking tool, CRM or webhook, the Customer is the controller of its visitors’ and leads’ personal data, including their contact details, booking details, purchase values and form answers, and we are its processor under our data processing agreement, which forms part of these terms. The Customer must give the notices and get the consents the law requires for that data, and must not send us sensitive data such as health or financial account information.

The Customer keeps all rights in the data it brings to Ember, including its Meta data, files and funnel data (“Customer Data”). The Customer gives us permission to host, process and transmit Customer Data only as needed to provide, secure and support Ember for the Customer and as our privacy policy describes. We do not sell Customer Data, use it to train AI models, or let our AI providers train on it.

You agree not to:

• connect accounts, pages or websites you are not authorized to manage;
• use Ember for unlawful, deceptive or discriminatory advertising, or to make eligibility decisions about people for housing, employment, credit or insurance;
• use Ember or data from it to build profiles of individuals, for surveillance, or in violation of Meta’s terms;
• probe, overload or bypass the security or limits of Ember or Meta’s APIs, or reverse engineer Ember; or
• resell or provide Ember to others without our consent.

Fees, if any, are those agreed in writing with the Customer. Unless agreed otherwise, fees are non-refundable and exclude taxes.

Ember works with services the Customer connects and we do not control, such as Meta, Slack, GoHighLevel, Calendly, Cal.com and AI assistants. Their terms govern your use of them, and we are not responsible for their availability or actions.

Talented owns Ember, including its software, design and decision rules. While these terms are in effect, we grant the Customer a non-exclusive, non-transferable right to use Ember for its internal business. If you send us feedback, we may use it without obligation.

Ember is provided “as is” and “as available.” To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and we do not promise that Ember will be uninterrupted, error-free, or produce any advertising result.

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, ad spend or data, and our total liability under these terms is limited to the greater of the fees the Customer paid us for Ember in the 12 months before the claim and US$100. These limits do not apply to the Customer’s payment obligations or indemnity, or to liability that cannot be limited by law.

The Customer will defend and indemnify Talented against third-party claims arising from its ads, landing pages, Customer Data, collection of visitor data without required notice or consent, or breach of these terms or Meta’s terms.

The Customer may stop using Ember at any time and ask us to close its account. We may suspend or end access if these terms or Meta’s terms are breached, if needed to protect users, Meta or Ember, or if Meta revokes our access. When an account closes, we delete its Customer Data as described on our data deletion page. Sections that by their nature should survive termination will survive.

We may update these terms. The date at the top shows the latest version. We will give notice of material changes by email or in Ember; continuing to use Ember after they take effect means you accept them.

These terms are governed by the laws of the State of Maryland, USA, without regard to conflict-of-laws rules. Disputes will be heard in the state and federal courts located in Maryland, and both parties consent to their jurisdiction. Either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.

These terms and our privacy policy are the entire agreement about Ember unless a signed agreement says otherwise. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver. The Customer may not assign these terms without our consent; we may assign them in a merger or sale of our business. Neither party is liable for delays caused by events beyond its reasonable control.

Questions about these terms go to Talented LLC at support@scout-talented.com.