EmberMotion Terms of Use

The short version

These Terms are the rules for using EmberMotion. The full version is below — here are the things most people want to know:

• Who can use it. EmberMotion is for Australian adults (18+). The app is currently available in Australia only.
• How payment works. We charge a monthly subscription. You can try it free for the trial period; if you don't cancel, the subscription auto-renews. Apple and Google handle the actual payment, including refunds.
• How you can use it. EmberMotion is for your personal training. Don't use the consumer app to coach paying clients. Don't republish the program in your own coaching content. Sharing your results socially is fine.
• What it isn't. EmberMotion is a movement assessment, not a medical device, and not a substitute for advice from a qualified healthcare professional. If something hurts, stop and see someone qualified.
• If we disagree. Write to us first. We'll have 30 days to try to fix it before either of us takes it to court. The Terms are governed by Queensland law.

If anything below doesn't match your situation, please email privacy@ember-systems.com before you sign up.

1. About these Terms

These Terms of Use are a legal agreement between you and Ember Systems Pty Ltd (ACN 695 871 142), a company registered in Buderim, Queensland, Australia. Throughout these Terms, “we,” “us,” and “Ember Systems” mean the company; “you” means you, the person using our Services.

“Services” means:

• ember-systems.com (our website), and
• EmberMotion (our app for iOS and Android).

When you create an account or use the Services, you agree to these Terms. If you don't agree, please don't use the Services.

These Terms work alongside our Privacy Policy. The Privacy Policy explains what we do with information about you. These Terms explain how you can use the Services and what we owe each other.

We update these Terms occasionally. Section 13 explains how that works.

2. Eligibility

To create an account in the EmberMotion app, you need to be:

• At least 18 years old, and
• Located in Australia.

We'll ask your date of birth at signup and you'll need to confirm your age. We don't offer the Services to people under 18.

We'll open EmberMotion to other countries in the future. When we do, we'll update these Terms with the additional rights and rules that apply to people outside Australia, and we'll let you know before they take effect.

3. Your account

To use most of EmberMotion, you'll need to create an account. When you do:

• The account is yours, personally — one account per person. Don't share your login, transfer your account to someone else, or let another person use it.
• Keep your password safe — you're responsible for activity on your account.
• Tell us if something's wrong — if you think someone else has accessed your account, email privacy@ember-systems.com.
• Inactive accounts — we may close accounts after extended inactivity. We'll email you first.

If you sign up using Sign in with Apple, Sign in with Google, or another provider, you're also subject to that provider's terms. We only ask for the minimum information needed to set up your account.

4. Subscriptions, billing and refunds

EmberMotion offers paid subscription plans. Current plans, prices, and free trial terms are shown in the app before you subscribe.

How payment works

Subscriptions are processed by Apple (through the App Store) or Google (through Google Play), depending on the device you use. We don't see your card number, your billing address, or anything else attached to your payment method — Apple and Google do.

Through our subscription provider RevenueCat, we receive only the plan you're on, when it started, when it renews, and whether it's active.

Free trials

We may offer free trials. The length and terms of a trial are shown when you start it. If you don't cancel before the trial ends, your subscription will automatically convert to a paid subscription at the price shown. You can cancel at any time in your phone's subscription settings.

Auto-renewal

Paid subscriptions automatically renew at the end of each subscription period at the price in effect at that time, unless you cancel at least 24 hours before the end of the period. Cancellation takes effect at the end of the current period — you'll keep access until then.

Promotions and discounts

We may offer promotions, discounts, and limited-time pricing at our discretion. Promotions may have additional terms — for example, eligibility limited to new users, or a minimum subscription period for a discounted rate. We'll show you the additional terms when you redeem the promotion.

Refunds

Refunds are handled by Apple (through the App Store) and Google (through Google Play) in line with their published refund policies. We don't process refunds directly. The exception is the pro-rata refund described in Section 12 if we terminate the Services or a feature you specifically subscribed to use.

Cancelling

You can cancel your subscription at any time in your phone's subscription settings. Cancellation takes effect at the end of your current paid period; you'll keep access until then. We don't issue partial refunds for cancelling early — this is consistent with how Apple and Google handle subscriptions.

Price changes

We may change subscription prices over time. If we increase the price of your existing subscription, we'll tell you in advance and you can cancel before the new price takes effect.

5. How you can use EmberMotion (your licence)

When you create an account in good standing, we give you a personal, limited, worldwide, non-transferable, non-exclusive, revocable licence to:

• Use the EmberMotion app on devices you own or control,
• Use the website,
• View, save, and use the assessment findings, programs, and other content we generate for you, for your personal training and wellbeing.

This licence lasts as long as your account is active and these Terms are in force.

You're welcome to share your assessment findings, scores, and progress on personal social media or in personal conversations. We're flattered if you do — please tag us.

What we own

Ember Systems owns:

• The EmberMotion brand, name, and logo,
• The screening algorithms, scoring system, and the way the app structures and presents your assessment,
• The language, design, and structure of the findings reports and programs we generate,
• All other intellectual property in the Services.

What you own

You own:

• The personal information you provide,
• Anything you create yourself outside the Services.

Your specific findings report and the program we generate for you — that's something we created based on what you told us. You get a perpetual, royalty-free licence to use it for your personal training, even after your account closes. We keep ownership of how it's structured and the methodology behind it.

6. How you can't use EmberMotion (acceptable use)

Don't:

• Use the Services for anything illegal.
• Use EmberMotion to deliver coaching, training, or assessment services to other people for compensation. The consumer app is for personal use. (We'll have a separate offering for trainers and clinicians later — until then, please don't do this.)
• Redistribute, repackage, or republish the assessment findings or programs we generate. A screenshot for your training partner is fine. Uploading the program to a public forum or building it into your own coaching content is not.
• Reverse-engineer, decompile, or disassemble the app, or try to extract the source code, models, or algorithms.
• Scrape, crawl, or systematically extract data from the website or the app.
• Try to circumvent our access controls, paywall, free trial limits, or one-account-per-person rules.
• Use bots, scripts, or automated tools to interact with the Services (other than standard accessibility tools).
• Probe, test, or breach the security of the Services or any system we use.
• Send us malware, exploits, or anything designed to interfere with the Services.
• Harass, abuse, threaten, or impersonate anyone in your interactions with us.
• Submit information you know to be false, including using someone else's identity.
• Resell, sublicense, or commercialise the Services or any output of the Services.

This list isn't exhaustive — if something obviously isn't fair use of a personal fitness app, please don't do it.

Beta features

We may label some features as beta, preview, or experimental. Beta features may not work as expected, may change without notice, and may be removed at any time. The performance and availability commitments elsewhere in these Terms don't apply to beta features.

7. Recording other people

EmberMotion uses your phone's camera to assess your movement.

Camera access

You give the EmberMotion app permission to use your phone's camera during an assessment session. The camera feed and any data the app derives from it (including body landmarks and movement detection) are processed entirely on your device. They never leave your phone. They are not transmitted to Ember Systems, are not stored on our servers, and are not seen by anyone at our company. Camera access is limited to the assessment itself; the app does not access the camera at any other time.

Bystanders

By recording an assessment, you confirm you have permission from anyone else who appears in the camera frame, and you take responsibility for getting that permission.

Don't record other people

Do not use EmberMotion to record or assess another person who hasn't agreed to be assessed. EmberMotion is for personal use on your own movement.

8. Health, safety, and what EmberMotion isn't

EmberMotion is a movement assessment and training tool. It's not a medical device, and it's not a substitute for advice from a qualified healthcare professional.

Before you start

If you have a medical condition, are pregnant, are recovering from injury, or have any concern about whether unsupervised exercise is safe for you, please speak with a qualified healthcare professional before using EmberMotion.

If you feel pain

If you feel pain at any point during an assessment or while following a program, stop. If pain persists or you have any concern, see a qualified healthcare professional. EmberMotion is a movement assessment, not a substitute for professional advice.

You assume the risk

Physical activity carries inherent risk of injury. By using EmberMotion, you accept that risk. We're not liable for injuries arising from your use of the Services, except to the extent the Australian Consumer Law or any other non-excludable law requires otherwise (see Section 16).

We've built EmberMotion to help you train smarter, not to replace a qualified healthcare professional. Please use it as one tool alongside your own judgement and the advice of people who can examine you in person.

9. Content you give us

Your information

Anything you tell us — your demographics, your health information, your training history, what you say during voice intake — is yours. We use it as set out in our Privacy Policy.

Feedback

If you send us feedback, suggestions, or ideas about EmberMotion, you give us a perpetual, worldwide, royalty-free licence to use them however we want, including to build new features, without obligation to credit or compensate you. We'll usually credit you if it's a substantial idea — but we don't have to.

Communications with us

If you contact our support team, the conversation is governed by these Terms and our Privacy Policy. Don't include passwords, payment details, or anything else you don't want us to keep a copy of.

10. Content we give you

Findings, scores, and programs

The assessment findings, Resilience Score, body risk map, compensation patterns, and corrective programs we generate are based on what you tell us and the assessment data captured on your device. They're for your personal use.

Accuracy

We work hard to make our assessments accurate, but we can't guarantee perfection. The outputs are training tools, not medical opinions. They support your training; they don't replace a qualified healthcare professional. See Section 8.

Educational and marketing content

The website, marketing emails, social posts, and similar content are for general information. They're not training advice tailored to you — that's what the app is for.

11. Third-party services

Apple App Store and Google Play

You download the EmberMotion app from Apple's App Store or Google Play, and your subscription is processed through them. Their terms apply alongside ours, and you agree to comply with any applicable third-party terms when using the app (for example, your wireless data plan terms).

If you've downloaded the app from the App Store, the following apply (these are required by Apple):

• These Terms are between you and Ember Systems only — not with Apple. Apple is not responsible for the app or its content.
• The licence we grant you in Section 5 is limited to use on Apple-branded devices that you own or control, in accordance with Apple's App Store Terms of Service.
• We (not Apple) are responsible for providing any maintenance and support for the app. Apple has no obligation to provide either.
• If the app fails to conform to any applicable warranty, you can let Apple know and Apple will refund the App Store purchase price for the app. To the maximum extent permitted by law, Apple has no other warranty obligation.
• We (not Apple) are responsible for addressing any claims by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to legal requirements, and claims arising under consumer protection or similar legislation.
• If a third party claims the app infringes their intellectual property rights, we (not Apple) will handle the investigation, defence, settlement, and discharge of any such claim.
• You confirm you are not located in a country subject to a US Government embargo or designated by the US Government as a “terrorist supporting” country, and you are not on any US Government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. On your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Equivalent terms apply where required if you downloaded the app from Google Play.

Other third-party services

We use other third-party services to run EmberMotion — database hosting, AI providers, payment processing, email, and others. The current list is published at ember-systems.com/sub-processors. How those providers handle your information is governed by our Privacy Policy.

12. Suspension and termination

By you

You can cancel your subscription at any time (Section 4) and delete your account at any time (your in-app preferences, or as described in the Privacy Policy). After deletion, we keep your information only as set out in the Privacy Policy.

By us

We may suspend or terminate your access to the Services if:

• You materially breach these Terms,
• You commit fraud, abuse, harassment, or similar conduct,
• You repeatedly commit lower-severity violations after a warning, or
• We're required to by law.

We may also discontinue all or part of the Services on reasonable notice — for example, if we shut down a feature or wind up the company.

What happens to your subscription

If we terminate your account because you breached these Terms (the four bullets above), your subscription is forfeit and we don't owe you a refund.

If we terminate without cause — for example, if we shut down a feature you specifically subscribed to use, or shut down the Services entirely — we'll refund the unused portion of your current paid period on a pro-rata basis.

If you cancel, your access continues until the end of your current paid period. We don't issue partial refunds for cancelling early — this is consistent with how Apple and Google handle subscriptions.

What happens to your data

Termination doesn't change what we do with your information. The Privacy Policy sets out how long we keep different categories of data after your account closes.

13. Changes to the Services and these Terms

Changes to the Services

We're constantly improving EmberMotion. We may add features, change features, remove features, or restructure the Services from time to time. Where a change materially affects how you can use the Services, we'll tell you in advance.

Changes to these Terms

We update these Terms occasionally. When we make a change that materially affects your rights or obligations, we'll do all of these:

• Email everyone with an account,
• Show a notice in the app the next time you open it,
• Update the “Last updated” date at the top of this document.

For minor changes — typo fixes, clarifications, or adding a third-party service of the kind we already disclose — we'll just update the date and the text.

If you don't agree with a material change, you can stop using the Services and close your account. Continuing to use the Services after the new Terms take effect counts as acceptance.

14. Disclaimers

To the maximum extent permitted by law:

• The Services are provided “as is” and “as available.” We don't promise the Services will be uninterrupted, error-free, or free from security issues.
• We don't warrant that the Services will meet your specific requirements, that the assessments will be perfectly accurate, or that the programs will produce specific results.
• We're not a healthcare provider. The Services are not a medical device, are not a substitute for advice from a qualified healthcare professional, and are not intended to identify health conditions.

Section 16 explains the rights you have under the Australian Consumer Law that these disclaimers don't and can't remove.

15. Limitation of liability

To the maximum extent permitted by law, our total liability to you for all claims relating to these Terms or the Services (whether in contract, tort, statute, or otherwise) is capped at the greater of:

• (a) the amount you've paid us in the 12 months immediately preceding the event giving rise to the claim, or
• (b) AUD $100.

We're not liable for indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, loss of data, loss of goodwill, or loss of business — even if we've been advised of the possibility of such damages.

Section 16 explains the rights you have under the Australian Consumer Law that this limit doesn't and can't restrict.

16. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer right or guarantee, representation, condition, or warranty implied or imposed by the Australian Consumer Law or any other law where to do so would be unlawful.

If a guarantee under the Australian Consumer Law applies to a service we provide and we fail to meet that guarantee, your rights are as set out in the Australian Consumer Law. Where the law allows us to limit our liability for a breach of those guarantees, our liability is limited (at our option) to:

• Re-supplying the relevant service, or
• The cost of re-supplying the relevant service.

17. Disputes and governing law

Talk to us first

If you have a dispute with us about these Terms or the Services, please write to privacy@ember-systems.com first. We'll try to resolve it within 30 days. We've found that almost everything can be sorted out through a quick conversation.

If we can't resolve it

After the 30-day period, either of us can take the dispute to court.

Governing law

These Terms are governed by the laws of Queensland, Australia.

Jurisdiction

The courts of Queensland have exclusive jurisdiction over any dispute arising from or related to these Terms or the Services. By using the Services, you submit to that jurisdiction.

18. General

Entire agreement

These Terms and our Privacy Policy are the entire agreement between you and Ember Systems about the Services. They replace any prior agreements or understandings.

Severability

If a court decides any part of these Terms is unenforceable, the rest stays in effect.

No waiver

If we don't enforce a right under these Terms, that doesn't mean we've waived it. We can still enforce it later.

Assignment

You can't assign or transfer these Terms or your account to anyone else without our written agreement. We can assign these Terms to a related entity or to a buyer of all or part of our business — we'll tell you if we do.

Force majeure

We're not liable for delays or failures caused by events outside our reasonable control — for example, natural disasters, acts of government, internet outages, or third-party service failures.

How we'll contact you

We'll send legal notices to the email address on your account. It's your job to keep that address current.

How you'll contact us

For legal notices and disputes, write to privacy@ember-systems.com. For everything else, the same address works.

Independent contractors

These Terms don't make us partners, joint venturers, employer/employee, or agents of each other. We're independent.

Headings

The section headings in these Terms are for convenience only and don't affect interpretation.

19. How to contact us

For anything to do with these Terms or your account, write to:

• Email: privacy@ember-systems.com
• Mailing address: Ember Systems Pty Ltd, Buderim, Queensland, Australia
• ACN: 695 871 142

End of Terms