Terms & Conditions (app)

Terms and Conditions (APP)

Welcome to Embers. Embers the Dragon Limited (“Embers the Dragon”, “Embers”, “We”, “Us”, or “Our”) which owns and operates the website embersthedragon.co.uk, the Embers the Dragon App (“Embers App” or “App” and the App’s Content Management System (“CMS”) (collectively the "Service(s)" or “Embers Service”). This Terms of Service applies to all visitors, data subjects, and others who access the Service ("User(s)" or “You/r”) including persons buying for teams or groups of users (“Subscribers”). This document is a legally binding agreement between You and Embers the Dragon Limited, a private limited company registered in England under 12424649, whose registered address is Unit 24, St Olav’s Court, Lower Road, London SE16 2XB.

Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of our sites.

You may use our App or CMS to access one or more of our services and offerings:

Questionnaires about yourself, your experiences and confidence with parenting, your child’s behaviours and emotions and your hopes, needs and aspirations from using the app.
Story-based animations
Explanatory videos
Courses including worksheets, off-screen games, reward systems, other resources
Lesson plans and other classroom resources for teachers
Blogs
A personalised Positive Behaviour Plan for each child user
Services purchased from our website and webpages.
Reporting functionality for subscribers and institutions.
Facilities to participate in the EMERGENT study clinical trial

We may also provide these and additional services on behalf of your Institution (“Institutional Services”). An Institution could be an enterprise, school, university, hospital, General Practice or other healthcare provider, local authority, research institution and other public or private organisations. Institutional Services may involve processing information on behalf of the Institution. Where applicable, you must agree to the Terms of Services and Privacy Policies of both Embers and your Institution in order to proceed with using the Institutional Service.

Access to Our Services is free of charge. However, some aspects of Our Service are behind a paywall, available only to Organisations that have purchased or otherwise arranged a subscription. By accessing or using the Embers App and Service, You signify that You have read, understood, and agree to be bound by this terms of service and to the collection and use of Your Information as set forth in the Privacy Policy, Cookie Policy and terms of any other policies of Embers as may be applicable to You whether or not You are a registered User of Our Service. These Terms of service, Privacy Policy, Cookie Policy and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as “Agreement” or “Contract”.

Where not specifically called out, use of uppercase / lowercase and bold / not bold would carry the same meaning in this document.

Initial Effective Date: 18 April 2024
Latest Revised Date: N/A

Important Notice:

This App is designed to be used by adults who can share certain features with children of any age, however access to the App is controlled by the parent / adult who has the registered account and is aged 16 years or over. All children access it under the supervision of an adult who creates the primary account and sets up the child profile(s). Ember the Dragon Ltd does not take responsibility for any misrepresentation of age of an account creator.
Embers the Dragon emotional well-being services do not replace other types of support and treatment that may be required. It is meant to empower and support families and children, and not to treat any illness or a health condition.
The intended use for providing evidence-based tools and techniques is to manage emotions and encourage mental well-being in a self-help and self-monitoring context.
The App is not intended to provide a diagnosis, prognosis, treatment or cure of a condition or disease.
The App will not offer medical or clinical advice nor suggest that you seek medical help. The Embers App is designed to offer general mental health advice and support only. Professional or specialist advice should always be sought if you have any specific or advanced concerns about a child’s wellbeing or development.

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Service;

“Organisation”

means any School, Local Authority, Trust, or other private or public body.

“Paid Content”

means the digital content made available through Our Service after an Organisation purchases a Subscription;

“Subscription”

means a subscription to Our Service providing access to Paid Content;

“System”

means any online communications infrastructure that We make available through Our Service either now or in the future. This may include, but is not limited to, contact forms, email, live chat and forums

What is Embers the Dragon App?

The Embers App provides a structured education and support programme for parents addressing common parenting challenges and designed to help them support their child’s emotional development and wellbeing. The app is designed primarily for parents of children aged 3-7 years but may benefit parents of older children as well. The app is available for iOS, Android and Amazon mobile systems. The app also collects the required demographic and outcome measures for the EMERGENT study clinical trial.

The adult user makes a parent profile which is secured with a password and PIN. Access is then provided to the ‘parent space’ of the app where you can watch videos and access resources, as well as enter and store information about their child, resources used and progress made. Via the app, the parent can generate a downloadable Behaviour Support Plan which can be shared by the user with key adults in the child’s life such as family members, carers, teachers and healthcare professionals.

There is also a ‘child space’ are of the app, freely available after registration, which contains videos and games suitable for this age range and designed to support health emotional development.

Who can Use the Service?

You may use the Service only if You are a natural/legal person, agree to this Agreement and form a binding contract with Embers, and only in compliance with all applicable local, state, national, and international laws, rules and regulations. You may use the App and services if you are aged 16 years old or over. Anyone under 16 is strictly prohibited from creating an account and/or using the Service. Embers does not take responsibility for any misrepresentation of age and use.

If Your Institution specifies a different age restriction, such as at least 18 and above, as a condition of using this Service, that restriction shall apply rather than the one above.

Embers reserves the right to refuse access to the Service or terminate Your account if eligibility is not met, at its sole discretion. The Service is not available to any Users previously removed from the Service by Embers.

Embers License

Subject to this Agreement, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Embers App and Service for Your personal use only and as permitted by the features of the Service. Embers reserves all rights not expressly granted herein in the Embers App, Service and the Embers Content (as defined later in this Agreement). Embers has the right to terminate this license at any time for any reason or for no reason.

Use of Subscription Materials

When your Organisation purchases or arranges a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).

The licence granted to you is subject to the following usage restrictions and/or permissions:

You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
You may not sure your login details or the your Organisation’s access code to any third parties.

About Embers Accounts

Creation of an App Account via registration required, and the following terms shall apply.

You will be required to create an account with Embers to avail certain Services with a username and password and / or Access Codes (“Account”). Your Account will give You access to the Services and functionality that We may establish, modify and maintain from time to time and in our sole discretion.

When creating Your Account, if required, You must provide accurate and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).

You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. Whenever You need to set a password, We encourage you to use "strong" passwords (passwords that use a combination of upper-and-lower case letters, numbers and symbols) with Your Account. You must notify Embers immediately of any breach of security or unauthorized use of Your Account. Embers will not be liable for any losses caused by any unauthorized use of Your Account. We may also suspend or terminate Your Account according to this Terms of Service where we see behaviour, content, or other factors that pose a threat to Our App and Services.

You may never use another User’s Account.

You may control Your user Account profile and how You interact with the Service by changing the Settings in the Mobile Software. You consent to Our using Your profile to send You Service-related email notices, including any notices required by law, in lieu of communication by postal mail.

You may use Our System at any time to contact Us, provided you abide by the following rules. You must not communicate in a way, submit information, or otherwise do anything that:

is sexually explicit;
is obscene, deliberately offensive, hateful or otherwise inflammatory;
promotes violence;
promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
is calculated or is otherwise likely to deceive;
is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
implies any form of affiliation with Us where none exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

You must not use Our System to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind.

If you materially breach any of the provisions in these Terms and Conditions we may:

suspend, whether temporarily or permanently, your right to access Our System;
issue you with a written warning;
take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
take further legal action against you as appropriate;
disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
any other actions which We deem reasonably appropriate (and lawful).

We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

Any personal information sent to Us, whether through Our System or otherwise, will be collected, used and held in accordance with your rights and Our obligations under the law, as set out in our Privacy Notice.

Additional Service-related terms

You have rights and these can be viewed in the Privacy Policy which also contains information on how we handle your data. You agree and authorize Embers to collect and process Your data in accordance with our Privacy Policy; If You have any questions, inquiries or complaints, please contact us at compliance@embersthedragon.co.uk . We may ask additional information from You to service Your request appropriately. Please note that We may require to verify You before responding to any requests to exercise Your rights;
Embers Services depend on various factors such as software, hardware and communications networks, and its processors. Embers does not guarantee that the Embers App Service will be uninterrupted or that it will be timely, secure or error-free. Embers may hold Service Level Agreements with Your Institution to provide Our Embers App and Services;
Embers may disclose your data if Embers reasonably believes that disclosure is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority or Your personal safety;
The Embers App and Service may provide links to external resources or other content in third-party websites. Embers has no control over any such links, content, web sites, products or services or any Information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. You acknowledge and agree that Embers does not endorse such third-party products, services or advertisements and is not responsible for the availability of such third-party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. You warrant and agree that Embers will not be responsible or liable, directly or indirectly, for any damage or loss or injury caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service. Embers encourages You, the User, to, at a minimum, be aware of and to review the terms of service and the privacy practices related to third party sites;
You understand that the use of technology is not always secure and You accept the technology risks during use of Your mobile device. You will follow good security practices during digital use including but not limited to setting a PIN to protect access, not sharing this with anyone, and not leaving your phone unlocked for others to see. You understand and agree that safe use is Your responsibility, and Embers will not be responsible in any event arising out of unauthorized access to Your data;
It is agreed between You, Your heirs, agents, assigns, personal representatives and next of kin and Embers and their officers, directors, employees, contractors, members, agents and assigns that any disputes or claims arising out of or relating to the Agreement, or the breach of this Agreement, will be mutually addressed by both the parties towards a resolution. Any such resolution may occur over the telephone. In the event that the dispute has not been resolved after 60 days then the terms of dispute resolution mentioned in Agreement will be followed by both the parties;
You, for Yourself and on behalf of Your heirs, agents, assigns, personal representatives and next of kin, hereby release from liability, indemnify and hold harmless Embers, and their officers, directors, employees, contractors, members, agents and assigns (collectively “the Indemnified Parties”) from and against any and all claims, losses, causes of action, costs, damages, expenses, injury and liabilities whatsoever, that You, Your heirs, agents, assigns, personal representatives and/or next of kin may have against the Indemnified Parties, which may incur, or which may arise out of or as a result of Your use of the Embers App and Service and/or reliance upon advice provided therefrom, whether caused by your own actions or inactions, by the negligent act(s) or omission(s) of the indemnified parties, or otherwise, to the fullest extent permitted by law;

What are the Service Rules?

You agree not to engage in any of the following prohibited activities:

copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Embers servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Service;
disclosing, collecting or harvesting any personally identifiable Information, including account names, from the Service;
using the Service for any commercial solicitation purposes;
impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
interfering with the proper working of the Service;
accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

About User Content

Some areas of the Service may, either now or later, allow Users to post content such as profile Information, videos, comments, and other content or Information or any such materials a User submits, posts, displays, or otherwise makes available on the Service ("User Content"). We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow Us, authorised Institutions or other authorised persons (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. Embers has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to post or transmit User Content that:

may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;
may create a risk or any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content;
may constitute or contribute to a crime or tort;
contains any Information or content that we deem to be unlawful, harmful, abusive, sexually explicit, racially or ethnically offensive, discriminatory, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party's trade secrets);
contains any Information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
contains any Information or content that You know is not correct and current;
implies any form of affiliation with Us where none exists;
violates any school, Institution or other applicable policy, including those related to cheating or ethics;

Links to or from Our Services

You may link to Our Services provided that:

You do so in a fair and legal manner;
You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
You do not use any logos or trade marks displayed on Our Services without Our express written permission; and
You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

Framing or embedding of Our Services on other websites is not permitted without Our express written permission. Please contact Us at hello@embersthedragon.co.uk for further information.

You may not link to Our Service from any other site the content of which contains material that:

is sexually explicit;
is obscene, deliberately offensive, hateful or otherwise inflammatory;
promotes violence;
promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
is calculated or is otherwise likely to deceive another person;
is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause);
implies any form of affiliation with Us where none exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

These content restrictions do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with these provisions. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

Copyrights and Intellectual Property Rights

All Content included on Our Services and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

Embers the Dragon is trademarked by the UK Intellectual Property Office, registration UK00003476678.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In order to honour and protect the Embers intellectual properties, You expressly agree not to disclose or communicate any proprietary Information about Embers materials or methods to any third parties. The obligations under this Clause survive the termination of the Embers Service or Your relationship with Embers.

For personal use (including research and private study) only, you may:

Access, view and use Our Services in the App or in a web browser (including any web browsing capability built into other types of software or app);
Download Our Services (or any part of it) for caching;
Print pages from Our Services;
Download, copy, clip, print, or otherwise save extracts from Our Services; and
Save content from Our Services for later and/or offline viewing.
Distribute content from Our Services to enable individuals directly associated with you to provide you with support.

You may not use any Content downloaded, copied, clipped, printed or otherwise saved from Our Services for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.

You may not systematically copy Content from Our Service with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.

Subject to the list above, you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Service unless given express written permission to do so by Us. For further information, please contact Us at hello@embersthedragon.co.uk.

Our status as the owner and author of the Content on Our Service (or that of identified licensors, as appropriate) must always be acknowledged.

In connection with your User Content, You affirm, represent and warrant the following:

You have the consent of each and every identifiable natural person in the User Content to use such a person's name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.
Your User Content and Embers' use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third-party, including but not limited to any Intellectual Property Rights and privacy rights. Embers takes no responsibility and assumes no liability for any User Content that You or any other User or third-party sends over the Service. You shall be solely responsible for Your User Content and the consequences of sharing, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content in your child’s Behaviour Support Plan. You understand and agree that in spite of Our best efforts You may be exposed to User Content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to Your purpose, and You agree that Embers shall not be liable for any damages or injury or losses You allege to incur as a result of User Content.

User Content License Grant

By sharing any User Content on the Service, for use in connection with the Service You expressly grant, and You represent and warrant that You have all rights necessary to grant, to Embers a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list Information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Privacy Policy.

About Mobile Software

We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software, You must have a mobile device that is compatible with the Mobile Software. Embers does not warrant that the Mobile Software will be compatible with Your mobile device. Embers hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Embers Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third-party or use the Mobile Software to provide time sharing, conduct independent clinical or research studies without explicit permissions or provide similar services for any third-party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Embers may from time-to-time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Embers or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Embers reserves all rights not expressly granted under this Agreement.

Our Proprietary Rights

Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Embers Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Embers and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Embers Content. Use of Embers Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Embers under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Embers does not waive any rights to use similar or related ideas previously known to Embers, or developed by its employees, or obtained from sources other than You.

About Privacy, Security, Third-Party Links and Monitoring

We deeply care about the privacy of Our Users. You understand that by using the Services You consent to the collection, use and disclosure of Your Personal data and aggregate data as set forth in our Privacy Policy, and to have Your data collected, used, transferred to and processed by Us in accordance with Our Privacy Policy.

We deeply care about the integrity and security of Your Personal data and maintain security measures as required under applicable data protection laws to ensure its authorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your Personal data for improper purposes. You acknowledge that You provide Your Personal data at your own risk. Refer to the Privacy Policy for how we handle Your data.

The Service may contain links or other content related to third-party websites, advertisers, products and/or services, special offers, or other events or activities offered by third parties that are not owned or controlled by Embers. Embers has no control over any such links, content, web sites, products or services or any Information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third-party. Embers does not endorse or assume any responsibility for any such third-party sites, Information, materials, products, opinions or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. If You access a third-party website or application from the Service, You do so at Your own risk, and You understand that these Terms of Service and Embers' Privacy Policy do not apply to Your use of such sites. You expressly relieve Embers from any and all liability, directly or indirectly, arising from Your use of any third-party website, application, software, service, or content and also for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, application, software, content, product and/or service. We do not promote third party offers as a part of the App experience. We may place ads online to test take-up of a specific Service or to promote a specific Service using only authorised advertisers and ad managers. Additionally, Your dealings with or participation in promotions of advertisers, if any, found on Our Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers.

You agree that Embers shall not be responsible for any loss or damage or injury of any sort relating to Your dealings with such advertisers. If You disclose Your Information to others, different rules may apply to their use or disclosure of such Information. We do not control the privacy policies of others. We encourage You to ask questions before You disclose Your personal Information to others. Embers encourages You to, at a minimum, be aware when You visit or use a third-party website, application, software or service and to review the terms of service and privacy practices related to such third-party;

Subject to the Agreement, We have the right and liberty to monitor the content on the Website and Mobile Software at all times which shall include Information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the Information provided by You and that every User remains in consonance with the terms provided herein. Subject to the Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Agreement or share such Information with any governmental authority as per procedures laid down by the law for the time being in force in India. It is hereby clarified that Embers has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, Embers shall not be liable for any claims, losses, damages costs or expenses that may arise as a consequence of the User Content published by You or any other User on the Website and Mobile Software.

Viruses, Malware and Security

We exercise all reasonable skill and care to ensure that Our Service is secure and free from viruses and other malware.

You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Services.

You must not attempt to gain unauthorised access to any part of Our Services, the server on which Our Service is stored, or any other server, computer, or database connected to Our Service.

You must not attack Our Service by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching any of these provisions you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Services will cease immediately in the event of such a breach.

Termination

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Agreement, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Agreement. You are responsible for all the mobile data usage resulting from the use of the Service. Consult Your mobile operator concerning your plan, data rate charges and limits.

Embers, in its sole discretion and for any reason, reserves the right to modify or discontinue or terminate, temporarily or permanently, any Service in or on the Embers App, with or without notice to User. User agrees that Embers shall not be liable to User or to any third party for any losses or damages or injury that may result to User or any third party from such discontinuation or interruption of Service. However, if Service is temporarily or permanently discontinued by Embers, Embers will initiate the refund of Fees paid by the User on a pro-rata basis for the relevant month or any unused portion of the Services. Such refund shall be in accordance with the refund policy and terms and conditions of Google Play or Apple iTunes (whichever applicable). In such an event, You are required to contact Us for such requests. You will need to send an email request with reasons from Your Google or Apple email ID to compliance@embersthedragon.co.uk . Embers will address any such request on a case by case basis;

Indemnity and Warranty

Indemnity

You agree to defend, indemnify and hold harmless Embers and its subsidiaries, employees, officers and directors, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, injury, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party's access and use of the Service with Your unique username, PIN, password or other appropriate security code.

Warranty

The service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. to the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Embers or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Embers, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

Embers does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Embers Service or any hyperlinked website or Service, and Embers will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Embers, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will Embers be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your Account or the information contained therein. To the maximum extent permitted by applicable law, Embers assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third-party; (vi) any errors or omissions in any content or for any loss or damage or injury incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third-party. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Embers (including its affiliates, agents, directors, employees, suppliers, or licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the greater of USD 100 or the total amount of fees paid to Embers by such person for or in connection with the Services in the twelve (12) month period preceding this applicable claim.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Embers has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Service is controlled and operated from facilities in the UK. You understand and agree that the Service may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the Service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations or the UK. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the UK.

Governing Law and Dispute Resolution

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in this agreement takes away or reduces your rights as a consumer to rely on those provisions.

If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with Our obligations under these Agreement if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Embers without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Communications from Us

If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. If you opt out of receiving emails from Us at any time, it may take up to 14 business days for your new preferences to take effect.

For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at:

Email address: support@embersthedragon.co.uk
Postal Address: Embers the Dragon, Unit 24, St Olav's Court, Lower Road, London SE16 2XB

Notification Procedures and Changes to the Agreement

Embers may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by Embers in Our sole discretion. Embers reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement. Embers is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address you provide us. Embers may, in its sole discretion, modify or update this Agreement from time-to-time, and so You should review this page periodically. When We change the Agreement in a material manner, We will update the 'last modified' date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new terms. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise. If You do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.

Entire Agreement/Severability.

This Agreement, together with any amendments, policies and any additional agreements You may enter into with Embers in connection with the Service, shall constitute the entire agreement between You and Embers concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Embers’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Who can You contact for additional questions, comments or concerns?

If You have any questions, comments, or concerns about this Agreement or practices, please contact us at compliance@embersthedragon.co.uk or by writing to:

Embers the Dragon, Unit 24, St Olav's Court, Lower Road, London SE16 2XB

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