1. Acceptance of Terms

By creating an Emberlitt account, accessing Emberlitt, or using any Emberlitt feature, you agree to be bound by these Terms of Service, the Privacy Policy, the Community Guidelines, and the DMCA Policy (collectively, the "Terms"). If you do not agree to all of the Terms, do not use Emberlitt. Emberlitt may update these Terms from time to time. Your continued use of Emberlitt after changes take effect constitutes acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using Emberlitt and delete your account.

2. Eligibility

You must be at least 13 years old to use Emberlitt, or at least 16 years old if you reside in the European Economic Area or a jurisdiction that requires a higher minimum age for digital services. You may not use Emberlitt if you are barred from using the service under applicable law or if your account has been suspended or terminated. You must provide accurate information and keep your login credentials secure. You are responsible for all activity under your account.

3. Emberlitt Service

Emberlitt is a social reading service that allows readers to create profiles, share reading-related content, participate in Reading Circles, communicate through direct and group messaging, upload permitted books and media, receive notifications, and discover content through recommendations. Emberlitt may change, suspend, or discontinue any feature at any time.

4. Acceptable Use

• Do not break the law or misuse Emberlitt.
• Do not harass, threaten, stalk, exploit, or abuse others.
• Do not impersonate another person or misrepresent your identity or affiliation.
• Do not post or send spam, scams, malware, or deceptive content.
• Do not interfere with the service, reverse engineer it, or bypass technical restrictions.
• Do not collect personal data from other readers without authorization.
• Do not upload or distribute content you do not have the right to use.
• Do not evade enforcement by creating replacement accounts or coordinated accounts.

5. User Content

You keep ownership of the content you create and upload to Emberlitt. You grant Emberlitt a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt, format, transmit, display, distribute, and otherwise use your content only as needed to operate, secure, improve, moderate, and promote Emberlitt and its features. You represent and warrant that you have all rights needed to post or upload your content, including for books, media, audio, images, and other files. You are solely responsible for ensuring that any books or files you upload do not infringe the intellectual property rights of any third party. Emberlitt is not liable for copyright or other intellectual property infringement arising from content you upload.

6. Moderation and Enforcement

Emberlitt may investigate, restrict, remove, de-rank, reject, disable access to, or preserve content or accounts where necessary to enforce these Terms, enforce the Community Guidelines or DMCA Policy, protect readers or rights holders, comply with law or platform requirements, or address spam, fraud, abuse, safety risks, or technical harm. The graduated enforcement process, including suspension and termination procedures, is described in Section 8.

7. Blocking, Reporting, and Safety Tools

Emberlitt provides tools for readers to report offensive or unlawful content and to block abusive readers. Availability of those tools does not limit Emberlitt’s separate right to investigate and enforce these Terms.

8. Account Suspension, Restriction, and Termination

8.1 Graduated Enforcement. Emberlitt applies enforcement actions proportional to the severity, frequency, and nature of the violation. Depending on the circumstances, actions may include, in escalating order: a warning or educational notice; removal or restriction of specific content; temporary restriction of account features (such as posting, messaging, or discovery visibility); suspension (disabling) of your account; or permanent termination and deletion of your account and associated data. Emberlitt reserves the right to skip steps and apply any level of enforcement immediately when the severity of the violation warrants it, including for violations involving child safety, credible threats of violence, self-harm encouragement, illegal activity, or repeated prior enforcement.

8.2 Account Suspension. When Emberlitt suspends (disables) your account, you will be unable to sign in or access any Emberlitt features. Your profile, content, and data will remain stored but will not be visible or accessible to you or other readers for the duration of the suspension. Suspension may be temporary (with a defined duration) or indefinite pending review.

8.3 Pre-Deletion Review Period. Before permanently deleting a suspended account for a Terms violation, Emberlitt will ordinarily maintain the suspension for a minimum of seventy-two (72) hours to allow you to submit an appeal. This review period does not apply where: (a) the violation involves child sexual abuse material, credible threats of imminent violence, terrorism, or other content that Emberlitt is required to remove immediately under applicable law; (b) the account was used for fraud, spam, or coordinated abuse and maintaining access poses a continued risk; (c) Emberlitt is required by law, court order, or platform requirement to act immediately; or (d) you have previously had an account terminated for the same or similar violations.

8.4 Permanent Termination. When Emberlitt permanently terminates your account, Emberlitt will initiate an automated deletion workflow that removes your profile data, content, social connections, uploads, notifications, location data, and other account-linked records. Certain data may be anonymized rather than deleted where required for other readers’ conversation history, safety investigations, legal compliance, or dispute resolution. Termination and deletion are governed by the data retention provisions of the Privacy Policy.

8.5 Appeals. You may appeal any enforcement action by emailing support@emberlitt.com. For account suspensions and content-level actions, appeals must be submitted within thirty (30) days of the action. For account terminations scheduled for permanent deletion, appeals must be submitted within the seventy-two (72) hour pre-deletion review period described in Section 8.3; appeals received after deletion has begun will be reviewed, but data recovery is not guaranteed. Include your username or account email, a description of the action taken, and an explanation of why you believe it was incorrect. Emberlitt will endeavor to respond within fourteen (14) business days, though response times may vary. Emberlitt’s decision on appeal is final. Submitting an appeal does not guarantee reversal of any enforcement action and does not entitle you to continued access during the review.

8.6 Communication Channels. Emberlitt will endeavor to notify you of enforcement actions through the app, push notifications, or the email address associated with your account. However, delivery of notifications depends on third-party services (including email providers, push notification infrastructure, and internet service providers) that are outside Emberlitt’s control. Emberlitt is not responsible for notification failures, delays, or non-delivery caused by third-party service outages, spam filters, incorrect or outdated contact information, device settings, or other factors beyond Emberlitt’s reasonable control. It is your responsibility to keep your account email address current and to check your email (including spam or junk folders) for communications from Emberlitt. Enforcement actions remain valid and effective regardless of whether the notification was successfully delivered.

8.7 Voluntary Deletion. You may delete your own account at any time through the app. Voluntary deletion is immediate and irreversible once the backend deletion workflow begins. Emberlitt is not responsible for recovering voluntarily deleted accounts or data.

8.8 Limitation of Liability for Account Actions. To the maximum extent permitted by applicable law, Emberlitt shall not be liable for any loss, damage, or inconvenience arising from: (a) the suspension, restriction, or termination of your account pursuant to these Terms; (b) the loss of data, content, social connections, or other account-linked records resulting from account deletion, whether initiated by you, by Emberlitt for a Terms violation, or by an automated system; (c) accidental or erroneous account deletion or data loss caused by technical errors, server failures, software defects, or administrative mistakes, provided that Emberlitt has maintained commercially reasonable security and backup measures; or (d) delays in processing appeals or restoring access. Nothing in this section excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence.

8.9 Inauthentic and Spam Accounts. Emberlitt may delete, without prior notice or appeal, accounts that Emberlitt reasonably determines to be fake, inauthentic, automated, created for testing or manipulation, or used primarily for spam, fraud, or coordinated abuse. This includes accounts with no genuine user activity, accounts created in bulk, and accounts that exist solely to manipulate metrics, rankings, or discovery systems.

9. Intellectual Property

Emberlitt and its branding, software, design, and service content are owned by Emberlitt or its licensors and are protected by law. Except for the limited rights expressly granted in these Terms, Emberlitt reserves all rights. Copyright complaints are handled under the DMCA Policy.

10. Third-Party Services

Emberlitt uses third-party services and infrastructure. Emberlitt is not responsible for third-party services, sites, policies, or outages, except as required by law.

11. Disclaimers

Emberlitt is provided on an "as is" and "as available" basis to the maximum extent permitted by law. Emberlitt does not guarantee uninterrupted availability, error-free operation, permanent storage, successful delivery of messages or notifications, or that all content will be accurate, lawful, or safe. Recommendations, rankings, moderation outcomes, and social interactions may be imperfect. Use your own judgment when interacting with other readers or relying on content in Emberlitt.

12. Limitation of Liability

To the maximum extent permitted by law, Emberlitt and its affiliates, officers, employees, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or opportunities, arising from or related to Emberlitt. If the preceding limitation is unenforceable, Emberlitt’s total liability for claims arising out of or related to Emberlitt will not exceed the greater of $100 USD or the amount you paid to Emberlitt, if any, in the 12 months before the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

13. Indemnity

You agree to indemnify, defend, and hold harmless Emberlitt, its officers, directors, employees, contractors, agents, affiliates, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of Emberlitt; (b) your content; (c) your violation of these Terms; (d) your violation of any third-party right, including any intellectual property, privacy, or publicity right; or (e) any dispute between you and another reader. This indemnity obligation does not apply to the extent prohibited by applicable law.

14. Dispute Resolution

Please contact legal@emberlitt.com first. Most disputes can be resolved informally. Except where prohibited by law, disputes arising out of or relating to Emberlitt or these Terms will be resolved by binding individual arbitration under the Federal Arbitration Act and the applicable consumer rules of the American Arbitration Association. You and Emberlitt waive any right to participate in a class action, class arbitration, or representative action, to the maximum extent permitted by law. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek temporary or injunctive relief in court for misuse of intellectual property, unauthorized access, security abuse, or similar urgent harm. You may opt out of arbitration by emailing legal@emberlitt.com within 30 days after first accepting these Terms, with the subject line "Arbitration Opt-Out" and your account email. If you reside in the European Union, this section does not prevent you from bringing claims before the courts of your country of residence as permitted by applicable law.

15. Changes and Contact

Emberlitt may update these Terms. If changes are material, Emberlitt will provide notice as required by law, including through the app, by email, or by requiring re-acceptance. Legal questions: legal@emberlitt.com Technical support: support@emberlitt.com Account enforcement and appeals: support@emberlitt.com

16. Reader-to-Reader Interactions

Emberlitt is a platform that facilitates connections between readers. Emberlitt is not a party to any interactions, arrangements, or disputes between readers. You acknowledge that Emberlitt is not responsible for the conduct of any reader on or off the platform, including in direct messages, Reading Circles, Clubs, comments, or events. You interact with other readers at your own risk. Emberlitt does not screen, verify, or endorse any reader, and makes no representations or warranties about any reader’s identity, intentions, reliability, or conduct.

17. Assumption of Risk

Emberlitt includes social features such as direct messaging, Reading Circles, Clubs, events, and comments that allow you to interact with other readers. You acknowledge and agree that these interactions carry inherent risks, including but not limited to exposure to content or conduct that may be offensive, harmful, inaccurate, or otherwise objectionable. You assume full responsibility for your interactions with other readers. Emberlitt encourages you to use caution, good judgment, and the blocking and reporting tools available to you.

18. Public Domain Content

Ebooks and audiobooks available on Emberlitt are sourced from public domain archives, including Project Gutenberg and LibriVox. Emberlitt does not create, edit, verify, or guarantee the accuracy, completeness, quality, or legality of this content. Public domain works are provided “as is” without warranty of any kind. If you believe a work available on Emberlitt is not in the public domain or infringes your copyright, please follow the procedures in the DMCA Policy.

19. No Professional Advice

Nothing on Emberlitt constitutes professional, medical, legal, financial, or other specialized advice. Content shared by readers, including book reviews, discussions, annotations, and recommendations, reflects personal opinions and should not be relied upon as professional guidance. You should consult qualified professionals for advice specific to your situation.

20. Force Majeure

Emberlitt shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemic or epidemic, war or civil unrest, internet or telecommunications failures, power outages, fire, flood, third-party service outages, cyberattacks, or labor disputes.

21. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

22. Governing Law

These Terms and any disputes arising from them are governed by the laws of the State of Florida, United States, without regard to conflict of law principles. This governing law clause does not deprive consumers in the European Economic Area, the United Kingdom, or other jurisdictions of mandatory consumer protection rights under their local law.

23. Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without Emberlitt’s prior written consent. Emberlitt may assign these Terms, in whole or in part, to any successor, affiliate, or acquirer in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your consent. Any attempted assignment in violation of this section is void.

24. Waiver

The failure of Emberlitt to enforce any provision of these Terms does not constitute a waiver of that provision or the right to enforce it at a later time. A waiver of any provision is only effective if made in writing and signed by Emberlitt.

25. Feedback and Suggestions

If you provide Emberlitt with feedback, suggestions, ideas, or other input regarding the service ("Feedback"), you grant Emberlitt a perpetual, irrevocable, worldwide, royalty-free license to use, modify, incorporate, and commercialize that Feedback without restriction or obligation to you. You are not required to provide Feedback.

26. Notices

Emberlitt may provide notices to you through the app (including in-app banners, push notifications, or the re-consent flow), by email to the address associated with your account, or by other means reasonably calculated to reach you. You are responsible for keeping your email address current. Notices to Emberlitt should be sent to legal@emberlitt.com.

27. Survival

The following sections survive termination or expiration of these Terms: User Content (license grant), Disclaimers, Limitation of Liability, Indemnity, Dispute Resolution, Governing Law, Feedback and Suggestions, and any other provisions that by their nature are intended to survive.

28. Entire Agreement

These Terms, together with the Privacy Policy, Community Guidelines, and DMCA Policy, constitute the entire agreement between you and Emberlitt regarding your use of the service and supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter herein.

29. Movie and TV Catalog (TMDB)

Emberlitt’s movie and television features are powered by The Movie Database (TMDB) API. This product uses the TMDB API but is not endorsed or certified by TMDB. All movie and TV metadata, poster art, backdrop images, cast information, trailer references, and related catalog data displayed in Emberlitt are provided by TMDB and remain the property of TMDB and its contributors, studios, and licensors. Emberlitt does not own, edit, verify, or guarantee the accuracy, completeness, quality, or legality of TMDB-sourced content. Access to and use of TMDB-sourced content within Emberlitt is granted only for personal, non-commercial use of the Emberlitt service. You may not scrape, mirror, redistribute, sell, sublicense, or otherwise commercialize TMDB metadata or imagery accessed through Emberlitt. You may not use Emberlitt’s catalog features to build a derivative database, train machine learning models, or extract TMDB content in bulk. When you create a shareable card, playlist, post, or comment in Emberlitt that includes TMDB content (such as a poster image displayed inside the card), you do so under the limited rights granted to Emberlitt by TMDB and you agree not to use the resulting content in any manner inconsistent with TMDB’s API Terms of Use, available at https://www.themoviedb.org/terms-of-use, or with TMDB’s privacy policy. If TMDB withdraws or modifies the rights it grants to Emberlitt or its users, Emberlitt may modify, restrict, or discontinue the affected movie and TV features without liability to you.