1. Agreement

By accessing or using Embertold ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Eligibility

• You must be at least 13 years old to use the Service.
• Users aged 13 to 15 require verifiable parental consent per Italian GDPR implementation.
• You must provide truthful and accurate information when creating an account.

3. Account Responsibilities

• You may only create one account per person.
• You are responsible for keeping your login credentials secure.
• You are responsible for all activity that occurs under your account.
• We reserve the right to suspend or terminate accounts that violate these terms or for any other reason at our discretion.

4. The Service

Embertold is an AI-powered text-based RPG where artificial intelligence serves as the Game Master. The Service provides dynamic storytelling, AI-generated images, sound effects, and voice narration.

• AI-generated content is procedurally created and may be unpredictable. We do not guarantee the accuracy, appropriateness, or quality of AI outputs.
• The Service is provided "as is" without warranties of any kind.
• Features, availability, and content may change without prior notice.

5. Subscriptions & Credits

Subscriptions

Embertold offers a free tier and paid monthly subscriptions (Explorer, Hero, Legend) processed through Stripe. Each tier includes a monthly credit allocation.

Credits

• Credits are non-transferable and tied to your account.
• Monthly subscription credits do not roll over between billing periods.
• Credit packs are one-time purchases. Once credits are used, they are non-refundable.

Billing & Refunds

• Subscription management is available through the Stripe Customer Portal.
• We will provide at least 30 days notice before any price changes to existing subscriptions.
• Refund policy: pro-rata refund for the unused portion of your current subscription period upon cancellation. Credit pack purchases are non-refundable once credits have been used.

6. User-Generated Content

• You retain ownership of content you create (adventures, characters, descriptions, reviews).
• By using the Service, you grant Embertold a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content as necessary to operate and improve the Service.
• Content you publish publicly (adventures, characters) will be visible to other users.
• AI-generated content (images, sound effects, voice narration) is not subject to exclusive ownership claims by any user.

7. Acceptable Use

You agree not to:

• Use the Service for any illegal activity
• Harass, threaten, or abuse other users
• Create or distribute content that exploits minors
• Circumvent payment systems, credit limits, or usage restrictions
• Use automated tools, bots, or scrapers to access the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Impersonate another person or entity
• Distribute malware or interfere with the Service's operation

8. Intellectual Property

• The Embertold brand, source code, design, and original content are owned by the operator.
• Universe lore is sourced from publicly available wikis and used under fair use or Creative Commons licenses as applicable.
• AI-generated content is subject to the terms of the respective AI provider (Google, Replicate, ElevenLabs, Azure, Inworld AI).

9. Termination

• You may delete your account at any time.
• We may suspend or terminate your account for violations of these terms.
• Upon termination, you lose access to the Service. Your data will be deleted in accordance with our Privacy Policy.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

• We do not guarantee uninterrupted or error-free operation.
• AI-generated content may be unexpected, inaccurate, or inappropriate.
• We are not responsible for content generated by AI models.

11. Limitation of Liability

To the maximum extent permitted by law, Embertold's total liability for any claims arising from or related to the Service is limited to the amount you paid us in the 12 months preceding the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or goodwill.

12. Governing Law

These Terms are governed by the laws of Italy. Any disputes shall be subject to the exclusive jurisdiction of the courts of Milan, Italy.

13. Dispute Resolution

Before initiating legal proceedings, you agree to attempt informal resolution by contacting us at support@embertold.com. We will endeavor to resolve the dispute within 30 days. If informal resolution fails, disputes will be submitted to the courts specified in Section 12.

14. Changes to These Terms

We may modify these Terms at any time. We will provide at least 30 days notice of material changes via email or in-app notice. Continued use of the Service after the notice period constitutes acceptance of the updated Terms.

15. General Provisions

• Severability — If any provision is found unenforceable, the remaining provisions remain in full effect.
• Entire Agreement — These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Embertold.
• Waiver — Failure to enforce any provision does not constitute a waiver of that provision.

16. Contact

For questions about these Terms, contact us at support@embertold.com.