Terms of Service

October 15, 2024

Welcome to Emberist. Please read these Terms of Service (“Terms”, “ToS”) carefully before using our web application.

1. Acceptance of Terms

By accessing or using our service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not use our service.

2. Description of Service

Emberist is a web application that helps users track their account balances and finances over time, with the goal of helping them reach their financial independence goals.

3. User Accounts

3.1. You must be at least 18 years old to use this service.

3.2. You are responsible for maintaining the confidentiality of your account and password.

3.3. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4. User Data and Privacy

4.1. We collect and store the following personal and financial data:

  • Name, email, date of birth, city location
  • Current income, financial goals (including target expenses, savings rate, financial independence age, expected return, investment rate)
  • User-entered financial account data including history

4.2. We store this data in a SQL database with encryption at rest for financial data.

4.3. We may use aggregated, anonymized data for analytical purposes or share it with third parties. We do not share individual user data with third parties.

4.4. Users retain rights to their personal financial data. By using our service, you grant us the right to use your data for aggregation and analysis purposes.

4.5. We may send you emails that are necessary for the functionality of our service, such as reminders to update your accounts or important notifications about your data. These emails are considered part of our core service and are separate from marketing communications.

5. Subscription and Pricing

5.1. Free Trial: New users are eligible for a 45-day free trial of all Emberist features.

5.2. Subscription Model: After the free trial period, users must subscribe to continue using Emberist.

5.3. Subscription Options:

  • Monthly subscription: Billed monthly at the current rate
  • Annual subscription: Billed annually at a discounted rate

5.4. Pricing: Current subscription rates can be found on our pricing page. We reserve the right to change our pricing with notice to our users.

5.5. Billing: Users will be billed at the end of their free trial unless they cancel before the trial period ends.

5.6. Cancellation: Users may cancel their subscription at any time. Access to Emberist will continue until the end of the current billing period.

5.7. Refunds: We do not provide refunds for partial subscription periods.

5.8. Payment Processing: We use Stripe as our payment processor. By subscribing to our service, you agree to Stripe’s terms of service and privacy policy.

5.9. EU Consumer Rights: For users in the European Union, you have the right to cancel your subscription within 14 days of purchase without giving any reason, in accordance with EU consumer protection laws.

5.10. Lifetime Deal

5.10.1. Lifetime Deal: We occasionally offer a one-time payment option for lifetime access to Emberist, referred to as the “Lifetime Deal”.

5.10.2. Features and Updates: Lifetime Deal users will continue to receive all standard feature updates and improvements to the Emberist platform at no additional cost.

5.10.3. Exclusions: Certain new features or services that are billed on a usage basis or require additional resources may be excluded from the Lifetime Deal. These will be clearly communicated if and when they are introduced.

5.10.4. Non-transferable: The Lifetime Deal is linked to the original purchaser’s account and cannot be transferred to another user or account.

5.10.5. Refunds: The Lifetime Deal is non-refundable except where required by applicable law.

5.10.6. Service Continuity: While we intend to honor Lifetime Deals indefinitely, we reserve the right to modify or discontinue the service. In such an event, we will make reasonable efforts to provide alternative arrangements or compensation to Lifetime Deal holders.

5.10.7. Abuse Prevention: We reserve the right to terminate a Lifetime Deal account without refund if the account is found to be in violation of our Terms of Service or is being used in a manner that abuses the intended use of the service.

6. Features

6.1. Emberist features include:

  • Account balance tracking
  • Financial goal setting and progress monitoring
  • Historical financial data analysis
  • Financial independence projection tools

6.2. We reserve the right to modify, add, or remove features. Users will be notified of any significant changes to the service.

6.3. Currency Conversion: Our service provides currency conversion functionality. Please note that currency conversion data is updated periodically, not in real-time. As a result, the conversion rates may not reflect current market rates. Users should be aware of this limitation when relying on currency conversion features for financial decisions.

7. User Responsibilities and Conduct

7.1. You agree to use the service for its intended purpose and not to misuse the platform.

7.2. You acknowledge that the information provided by the application does not constitute financial advice.

7.3. We reserve the right to terminate accounts of users who violate these terms or misuse the service.

8. Disclaimer of Warranties and Limitation of Liability

8.1. The service is provided “as is” without any warranties, expressed or implied.

8.2. We are not liable for any financial decisions made based on the app’s data or for any inaccuracies in financial calculations. Users acknowledge that data provided by our service may not always be current or accurate due to various factors, including but not limited to update frequencies and data sources. Any actions taken based on our data or features are done at the user’s own risk.

8.3. We are not responsible for loss of user data.

8.4. We will endeavor to correct any inaccuracies in calculations promptly upon discovery but assume no liability for such inaccuracies.

9. Intellectual Property

9.1. The application, including its features and functionality, is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

10. Termination

10.1. We may terminate or suspend your account and access to the service immediately, without prior notice or liability, for any reason, including but not limited to a breach of the Terms.

10.2. Upon termination, your right to use the service will immediately cease.

10.3. To delete your account and data, please email support@emberist.com.

11. Changes to Terms or Services

11.1. We reserve the right to modify or replace these Terms at any time.

11.2. We will notify users of any changes by posting the new Terms on this page and updating the “Last Updated” date.

11.3. Your continued use of the service after any changes constitute acceptance of the new Terms.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

13. Contact Us

If you have any questions about these Terms, please contact us at support@emberist.com.

14. Third-Party Services

14.1. Emberist may integrate with third-party services to enhance functionality. Use of these services is subject to their respective terms and conditions.

14.2. We are not responsible for the content, privacy policies, or practices of any third-party services.

15. Data Security

15.1. We implement reasonable security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure.

15.2. You are responsible for maintaining the security of your account credentials.

16. User Content

16.1. You retain all rights to the data you input into Emberist.

16.2. By using our service, you grant us a license to use, store, and process your data to provide and improve our services.

17. Prohibited Activities

Users are prohibited from:

17.1. Attempting to gain unauthorized access to our systems or other user accounts.

17.2. Using the service for any illegal activities or to violate the rights of others.

17.3. Uploading or transmitting viruses or any other malicious code.

17.4. Impersonating another person or entity.

18. Disclaimer of Financial Advice

18.1. Emberist provides tools for financial tracking and analysis but does not offer personalized financial advice.

18.2. Users should consult with qualified financial professionals for specific advice tailored to their situation.

19. Feedback and Suggestions

19.1. We welcome user feedback and suggestions for improving our service.

19.2. By providing feedback, you grant us the right to use and implement your suggestions without compensation.

20. Age Restriction

The service is not intended for use by individuals under the age of 18. Users must be at least 18 years old to create an account and use Emberist.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

22. GDPR Compliance

We are committed to complying with the General Data Protection Regulation (GDPR). Our data collection, processing, and storage practices are designed to adhere to GDPR principles.

By using Emberist, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms, you must not use the service.