Terms of Use Embers
Embers is a free or subscription-based service, provided by dotClub AB, that allows its users to explore, share, and create communities around their interests by creating and managing their own club. The service offers a variety of features to build social communities digitally with the purpose of meeting in real life. This document regulates the Terms of Use of Embers website (the “Site”) and the Embers application (the “App”) (collectively, the “Services”) for its users (the “Users”) and any third-party application that might be connected to Embers, including its content and features and linked domains. By using any part of the Services, the User agrees to commit and follow the Terms of Use and agrees to the Embers Privacy Policy.
Your account
Users must at all times keep their passwords secure and confidential. Each account is personal to the User, who is solely responsible for all activities conducted through their account. The User must not share their account details with others and must immediately, without delay, notify Embers of any unauthorized use or security breach related to their account. The user agrees to give nothing but their correct user information, such as correct name, email in the Users ownership, and phone number belonging to the User, when registering an account. An account in Embers is personal and the User is responsible for its use in relation to the Services. An account cannot be transferred to another individual. The Services are not designed for or marketed to people under the age of 18 (“minors”). Embers does not knowingly collect any information from or about minors and does not knowingly allow use of the Services by minors. Minors are asked not to create accounts through the Services. Information that Embers learns has been collected from a minor will be deleted if parental consent is not verified. Users are asked to contact Embers if suspecting information from or about a minor in the Service without parental consent. The use of the Services entitles the User to a limited, non-exclusive and non- transferable right to access and manage clubs in the App. With exception to the mentioned limitations, no rights, or ownership, or interests will be transferred to the User by using the Services. The User agrees to pay any personal or company tax liabilities that might occur from using the Service, act responsibly in any social context, and follow applicable laws. The User agrees to pay attention to any attempt of fraudulent behavior, not to share bank or payment details with other users in the Services, as this can lead to both identity theft and unauthorized transactions to the Users accounts. Embers will not be responsible nor refund any fraudulent transactions made to Users accounts. Embers acts solely as a platform provider and is not responsible for the organization, execution, or fulfillment of any events listed on the platform. All payments made for events are transactions between the user and the event organizer. In the event of cancellation, postponement, or non-occurrence of an event, Embers will not issue refunds or be held liable for any claims or disputes arising from such events. Any claims, refund requests, or disputes must be directed to the event organizer responsible for the event in question.
Subscription
The Services can be used for free. To get an even greater experience the User can choose The Services can be used for free. To get an even greater experience the User can choose to enable paid features in a club by adding a paid subscription or use its paid features. Embers reserves the right to modify the terms and conditions of the subscription, including the renewal policy, upon providing the User with at least 30 days written notice prior to the next renewal date. If the User does not agree to the modified terms, the User may choose not to renew the subscription by canceling the subscription according to the terms for Cancelation. To use the features subject for subscription the User agrees to provide accurate and approved payment information that is subject for update if, for example validity of a credit card expires. The initial term of the subscription shall commence on the date the subscription is activated ("Activation Date") and shall continue for the period according to the subscription plan selected at the time of purchase. Upon the expiration of the initial term, the subscription will automatically renew for the successive period of the same duration as the initial term (each a "Renewal Term") unless the subscription is canceled. The Renewal date is defined as the day immediately following the last day of the current subscription term. For example, if the initial term is 30 days and the Activation Date is January 1, the renewal date will be January 31. If the initial term is 6 months and the Activation Date is January 1, the renewal date will be July 1. Details about Embers subscriptions are found on the Site.
Free version and use of premium features
Embers offers a free version of the App that provides access to basic features at no cost to the user. Users can utilize these features without any obligation to pay fees. Certain features within the App are subject to additional fees and are clearly indicated for the User. These features include, but are not limited to, transaction fees for selling tickets or memberships to join a club, or other transaction related features. Users will be clearly informed of any applicable fees prior to using any paid feature. The fee amount, payment terms, and any applicable taxes will be specified at the time of the transaction or enrollment in the premium feature. By choosing to use a paid feature, the user authorizes the Company to charge the applicable fee to the payment method provided by the user. This authorization includes any taxes and other charges that may apply. Users are not obligated to use any paid features and can continue to use the free version of the Application without incurring fees. Fees paid for premium features are non-refundable, except as required by applicable law or as otherwise specified by Embers. The Company reserves the right to modify the fees for premium features at any time. Any changes to the fee structure will be communicated to the user in advance, and the user will have the option to discontinue the use of the premium feature if they do not agree to the new fees. Any disputes related to charges for premium features must be reported in writing to Embers within 30 days from the date of the transaction. The Company will review and address all billing disputes.
Technical requirements
Embers does not provide any hardware for the User. Access to the Services requires a device with an internet connection, which the User is fully responsible for. Embers is not liable for any issues with the service that can relate to outdated devices, internet access, or user specific needs to reach the service. Embers has the right to make changes to the Services that might change the technical requirements. A device that previously has worked to reach the service is not a guarantee that it will work in the future.
Payments
Users can change the payment method for their account by visiting the Account settings in the App. If payments cannot be processed, due to an expired card, insufficient funds on the account, or other issue, Embers has the right to change the subscription to free level and restrict access to all premium features related to the paid subscription. By accepting these terms, the User agrees that Embers charges the User, according to the selected payment method, which is subject for change, the agreed amount for a subscription or any other service fee specified for using the App. The User is responsible for making sure payments can be fulfilled, and for any due amounts.
Cancelation
The User may cancel the subscription at any time by providing a written notice to the Embers support or by canceling the subscription in the Account settings, at least 1 days prior to the Renewal date. Cancellation will become effective at the end of the current term. The User will have access to the service according to the subscription that has been paid for until the last day. The Subscriber will not be charged for the subsequent renewal term and the subscription will transform to a Fee version of Embers at the end of the current term. Subscriptions are paid in advance for the coming 30 days or longer period if selected by the User, for example 12 months and are renewed without notice until canceled by the User. Cancelation can be made at any time before the renewal date. Embers will not reimburse the User for any unused subscription time or payments made to a join an event or a club though the App.
Club privacy
By using the App, Users consent to follow any rules set up by Club administrators. Violations of these rules may result in a ban from the club, and repeated violation may result in a ban from the App. The User agrees to act responsibly and respectfully towards others. This includes, but is not limited to, adhering to the following guidelines.
Respect for Others
Users must not engage in any form of discrimination, harassment, or abuse, whether based on race, ethnicity, gender, sexual orientation, religion, disability, or any other characteristic.
Appropriate Language
Users must refrain from using profanity, offensive language, or hate speech in any communication within the Application.
No Harmful Behavior
Users must not threaten, bully, or intimidate others.
Legal Compliance
Users must comply with all applicable laws and regulations while using the Application.
Accurate Information
Users must provide accurate and truthful information when creating accounts and interacting within the Application.
Respect for Privacy
Users must respect the privacy of others and must not share personal information without consent.
The following activities are strictly prohibited. Any violation of these guidelines may result in suspension or termination of the user's account. Embers reserves the right to remove any content that violates these guidelines and with the support of Swedish law report illegal activities to authorities without prior notice.
Discriminatory Conduct
Engaging in discriminatory behavior or making discriminatory remarks.
Harassment
Harassing, stalking, or intentionally causing distress to other users.
Inappropriate Language
Using offensive, vulgar, or inappropriate language.
Threatening Behavior
Making threats of violence or encouraging self-harm or harm to others.
Illegal Activities
Participating in or promoting illegal activities.
Responsibilities
By using the App, the User accepts all risks at its own full responsibility related to events offered in the App. Embers is not responsible for any occurrences before, during, or after an event offered in the App. Embers aims to always keep the Services available for its users. The User accepts that technical incidents or maintenance might affect the availability for a limited period of time.
Disputes
Embers encourages all users to contact Embers in case of any problems or dissatisfaction. If a legal dispute arises due to these terms or in connection with the use of the App that cannot in other ways be solved, the dispute shall primarily be resolved through arbitration and subsequently in a Swedish court in Stockholm where the laws of Sweden apply.