Sales Terms and Conditions

What are the general conditions of sale for?

The general conditions of sale (the "Sales Terms") set out the rules for subscribing to all the features and content offered via the Ember Platform, according to the chosen subscription plan (the "Services"). They are addressed to any natural or legal person who acts within the framework of their professional activity, whatever it may be, excluding any personal use, and chooses to subscribe to the Services ("You").

Are the Services reserved for professionals?

Our Services are exclusively reserved for professionals, within the meaning of the preliminary article of the Consumer Code, that is to say any natural or legal person, public or private, who acts for purposes falling within the framework of their commercial, industrial, artisanal, liberal or agricultural activity, including when they act on behalf of or for another professional. The use of the Ember Platform by consumers or non-professionals is expressly excluded. Therefore, by subscribing, you confirm that you are acting within the framework of your professional activity, and you accept that the right of withdrawal does not apply (article L221-3 of the Consumer Code), nor does the legal guarantee of conformity for digital content and services (article L224-25-12 of the Consumer Code).

When do the Sales Terms apply?

When subscribing, you acknowledge having read the Sales Terms and accept them in their entirety. The technical use of the Ember Platform is governed by the terms of use (ToU), which you also accept when you register and create your customer account.

How is your personal data processed?

The processing of your personal data is governed by a separate document: our privacy policy. You can access it directly from the Ember Platform. Data is processed in accordance with applicable regulations.

Can the Sales Terms change?

We may change these Sales Terms at any time, in particular to incorporate new regulations, change the operation of the Ember Platform or adapt the contract to new Services. In the event of a substantial modification of the Sales Terms, we will send you an information email at least thirty (30) days before they come into force. You can refuse the new Sales Terms by terminating your subscription before the application date. If you continue to use the Platform after the new Sales Terms come into force, this constitutes tacit acceptance of them.

What subscriptions are offered?

To access the Ember Platform, you must choose one of the subscriptions offered according to your professional needs. To build your journey on the Ember Platform, you start by choosing the offer that best suits your situation. As of the date of these Sales Terms, two subscriptions are available: Free (a limited version of the Founder offer, ideal for discovering basic features) and Founder (a complete foundation to lay the groundwork for your entrepreneurial project: business plan, pitch deck, lead generation, digital content, etc.). Other subscriptions mentioned on the Ember Platform website may be under development or gradually deployed. We will keep you informed as soon as they are available.

What does each subscription contain?

Each subscription offers different Services, which may evolve over time. The detailed content of each subscription is presented to you at the time of subscription, before any validation.

• Business plan development and monitoring
• Lead generation
• Pitch deck construction and optimization
• Market and competition analysis
• Content generation for digital communication
• Connection with suitable partners (experts, funders, service providers)

How do you access the Ember Platform after subscription?

When you subscribe, you gain access to the Ember Platform after payment validation, except during the launch phase. During the launch phase, access to the Ember Platform is deferred: it will only begin on the date the subscribed features are effectively made available. You will be informed by email as soon as access is available. If a technical delay prevents immediate access, the subscription only begins on the date when the features become effectively accessible. This information is specified to you at the time of subscription. Some features may be activated progressively depending on the chosen subscription or the evolution of the Services.

What is the commitment period and associated payment terms?

Whatever subscription is chosen, it is always taken out for an initial period of one (1) year, automatically renewable by tacit renewal for an equivalent period. You can end this automatic renewal according to the terms provided in Article 6 - How to terminate the subscription.

Are there additional options?

Paid options can also complement your subscription: premium modules (advanced financial simulations), partner services via the marketplace (training, specific support), etc.

Is a free trial possible?

We may occasionally offer a free trial of certain Services on the Ember Platform. In this case, the terms of this trial (duration, access, conditions for switching to a paid offer, etc.) are specified to you at the time of subscription.

What amount is due?

The price is expressed in euros excluding VAT and in US dollars (USD). It depends on the subscription plan you choose. To date, a free plan (Free) and a paid plan (Founder) are available. New plans may be launched in the future, and we will inform you when they become available. You can choose to pay in euros or dollars, according to the rate displayed at the time of subscription. There is no conversion applied: each currency has its own rate, determined and displayed by us. Therefore, no adjustment related to exchange rates will be applied, either at the time of payment or a possible refund. Payment can be made in cash or in twelve (12) monthly installments. In the case of payment in cryptocurrency, payment is made only in cash for the annual period. In this case, the conversion is carried out at the rate applied by the payment service provider at the time of the transaction. Any transaction fees remain your responsibility. Any refund is processed exclusively in euros. During the launch phase, you will have to pay the first month at the time of subscription (whether payment is then made in one go or in twelve (12) monthly installments) to benefit from a preferential rate on the Founder plan, even if access is deferred. Subsequent payments will take place one month after the launch of the Founder plan.

Are there any discounts or special benefits?

We may occasionally offer promotional codes, special offers or a referral program. These benefits are subject to conditions and may be modified or removed at any time.

What happens if prices change?

We may revise our prices at any time, particularly in the event of a significant change in the Ember Platform or indexation to a relevant economic index. In this case, we inform you at least thirty (30) days before the new prices come into force. These new prices only apply from the next renewal period.

How to pay for your subscription?

You can pay: by credit card (Visa, Mastercard, AMEX), by SEPA direct debit (reserved for recurring professional clients), or in cryptocurrency (USDT, USDC, ETH, BTC) via our partner payment service provider. It is not possible to pay by check.

How does invoicing work?

We automatically issue an invoice after each payment. You receive it by email and you can also access it at any time from your personal space on the Ember Platform.

What happens in case of payment failure?

In the event of a failed direct debit (e.g.: expired card, insufficient balance), whether during the initial subscription or as part of an automatic renewal, we trigger an automatic reminder by email. Two new attempts are made within the following seven (7) days. If payment fails three times in a row, we temporarily suspend your access to the Platform until the situation is resolved.

Can you dispute a payment?

If you notice an anomaly, you can contact Ember support. We analyze each request carefully and, if the dispute is justified, we proceed with a refund or credit as the case may be.

What to do if you stop using the Ember Platform after paying?

You cannot request a refund if you choose not to use the Ember Platform while your subscription is active. If a third party (for example an assistant or an agency) pays the subscription for your account, this does not change your commitment: you remain fully responsible for the payment and use associated with this subscription.

How to cancel the subscription?

You can cancel your subscription at any time from your personal space or by sending an email to Ember support. The cancellation request must be made before the automatic renewal date to avoid renewal for a new one-year period.

When does the cancellation take effect?

The cancellation takes effect at the end of the current subscription period. No refund is made if you decide to no longer use the Platform before this deadline.

Will you receive a reminder before automatic renewal?

A reminder email is sent to you 30 days before automatic renewal to allow you to cancel in time if you do not wish to continue the subscription.

Is a subscription refund possible?

In certain cases, you remain liable for the subscription, even if you no longer wish to use the Ember Platform. Here are the most common situations:

• You forget to cancel in time: the subscription is renewed and remains due.
• You do not log in or use the Ember Platform: no refund is provided.
• A third party pays for you (assistant, agency, etc.): you remain responsible for the subscription.
• You are dissatisfied without valid reason: no refund, except exceptional commercial offer granted by us at our sole discretion.
• You cancel during the subscription: the amount remains due until the deadline.
• You delete your account while a subscription is in progress.

In what situations do we terminate the subscription?

We reserve the right to terminate your subscription with immediate effect, without notice, in case of: fraud or attempted fraud; manifest abuse or suspicious use of the Ember Platform; payment default not regularized after reminder; behavior undermining the security, proper functioning or image of the Ember Platform. In these cases, no refund is due. We may, at our sole discretion, grant a credit or exceptional commercial measure.

Can the Services evolve?

We regularly evolve the Ember Platform to improve it, enrich it and adapt it to your needs. This may include adding new features, modifying the interface or integrating new Services.

Can we modify the content of subscriptions?

We reserve the right to modify the content of subscriptions at any time, including the Services included. These modifications may result from our product roadmap, a strategic change or a technological evolution.

How do we inform you?

In the event of a substantial modification to a subscription (addition, removal or significant change to a feature), we send you notice of at least thirty (30) days before they come into force. This notification may be sent by email or displayed directly on the Platform.

Is there compensation if a feature is removed?

The removal of a feature does not give rise to compensation or refund. However, if the feature concerned was essential at the time of your subscription and has not been replaced by an equivalent alternative, you can request early termination of your subscription, according to the conditions provided in Article 6. We may also, at our sole discretion, offer a commercial gesture such as a subscription extension or access to an additional feature.

Are we responsible for changes to the Platform?

Changes to the Platform are part of its normal operation. They cannot give rise to any compensation, penalty or compensation, except in the event of total and prolonged unavailability making access impossible for a significant period.

How to contact us?

You can contact us via:

• our email address: support@ember.do;
• the chat integrated into the Ember Platform.

When is support available?

Our support is open Monday to Friday (excluding public holidays), from 9am to 6pm (Paris time). We do our best to respond to you quickly. The average response time is 48 business hours.

What requests can be addressed to support?

Support is intended to answer your questions relating to the operation of the Ember Platform. It does not allow you to obtain personalized services or strategic advice, unless this is expressly provided for in your plan or an additional option.

Can the Ember Platform be temporarily unavailable?

Access to the Ember Platform may be temporarily interrupted in the following cases:

• planned maintenance operations (with prior notification at least 24 hours in advance),
• urgent corrective or security updates,
• technical incident beyond our control.

Is there an availability guarantee?

We implement all reasonable means to ensure the continuity of our Services, but we do not guarantee availability without any interruption. No quantified commitment (SLA) is provided to date.

Do these interruptions give rise to compensation?

Occasional interruptions, even unplanned, do not give rise to any compensation or refund. We may, at our sole discretion, grant a commercial gesture if the interruption is particularly long or impactful.

In what cases can our responsibility not be engaged?

We are not responsible in case of: force majeure (within the meaning of article 1218 of the Civil Code, including in particular natural disasters, fires, general strikes), pandemic or epidemic recognized by a competent health authority, or unforeseen government decisions, external security breach, particularly in the event of a computer attack, intrusion, ransomware or hacking attempt not attributable to negligence on our part, action or failure of a third party, such as the host of the Ember Platform, Internet access providers, or external technical service providers, cut, breakdown or disruption of the Internet or electricity network, particularly in the event of network saturation, infrastructure work or failure of the access provider. That being said, we implement all reasonable means to limit the occurrence of these events and mitigate their effects. In the event of a major incident, you are informed as soon as possible, and we do what is necessary to restore Services under optimal conditions.

In what context does our responsibility apply?

Our responsibility applies only within the framework of the execution of the Sales Terms, that is to say during subscription, payment, invoicing and management of subscriptions to the Services offered via the Ember Platform. The technical use of the Platform is governed by the terms of use (ToU), to which you must also adhere.

Is our responsibility limited?

In the event of proven breach on our part, our liability is expressly limited to the amount of the annual subscription actually paid by you over the last twelve (12) months. We are in no case responsible for indirect or immaterial damages, such as:

• loss of turnover,
• loss of data,
• damage to image or reputation,
• commercial disruption or interrupted operation.

Are we insured?

We have taken out professional liability insurance covering in particular the risks related to the operation of the Ember Platform. You can contact us for more information or to obtain a certificate of insurance if necessary.

Is there a time limit to react to a breach?

The fact that one or the other party does not react immediately to a breach by the other party does not mean that they waive it. Each party retains the right to assert their rights for the entire applicable limitation period. In accordance with article L110-4 of the Commercial Code, any action related to the execution of these Sales Terms is prescribed by two (2) years from the triggering event. This period applies to both you and us.

How are notifications made?

All notifications between us must be made in writing, to the email address indicated in your personal space for you, and to the address mentioned in article 1 for us. Any notification is deemed received within a maximum of 48 hours from its sending.

What happens if a clause is invalid?

If a clause of the Sales Terms were declared null or unenforceable by a final court decision, it would be deemed unwritten, without affecting the validity of the other clauses.

How do we prove exchanges between us?

Electronic exchanges, connections to the Ember Platform, activity logs, payment confirmations and emails constitute proof between us. You acknowledge that these elements constitute valid, admissible and enforceable means of proof, in the same way as a paper document, in accordance with article 1366 of the Civil Code.

In what language are the Sales Terms written?

These Sales Terms are written in French. They may be translated into other languages for information purposes only. In the event of a contradiction or difference in interpretation between the French version and a translation, the French version prevails and is the only one that is binding between us and you.