Terms of UseTerms of Use

These Terms of Use are an agreement between you and IORDACHE MIHAI-RAZVAN PFA, a sole-proprietor business (PFA) in Romania that operates Ember ("Ember", "we", "us").

The same details appear on the Imprint page. Purchases are made from Polar as merchant of record, which is why your invoice carries Polar's billing details.

By purchasing, downloading, installing, or using Ember, you agree to these Terms of Use. If you do not agree, do not use Ember.

Ember is a desktop application for professional subtitle creation with DaVinci Resolve integration.

You must be at least 18 years old or the age of legal majority in your jurisdiction to use Ember. By using Ember, you represent that you meet this requirement.

Subject to your compliance with these terms and payment of applicable fees, Ember grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Ember desktop application during your active subscription term.

Ember is delivered digitally. After checkout is completed and payment is confirmed by Polar, access is provided through your license, account, download access, subscription status, and available credit balance.

Timeline-linked workflows depend on a supported local DaVinci Resolve installation, the local Resolve API, your operating system, and your project setup. Ember requires the latest Ember-supported version of DaVinci Resolve for Resolve-connected features. DaVinci Resolve Studio is not required for Ember unless your own Resolve workflow separately relies on Studio-only Resolve features.

You are responsible for reviewing Ember's compatibility information and testing Ember with your own device, Resolve version, media, codecs, workflow, and delivery requirements before relying on it for paid or time-sensitive work.

Ember, including its source code, design, documentation, trademarks, and all related materials, is the intellectual property of Ember and its licensors. All rights not expressly granted to you are reserved.

You retain full ownership of the content you create, edit, or process using Ember. Ember claims no rights to your subtitles, projects, media files, or creative output.

Ember’s software, including its desktop application, native components, local rendering engine, models, animations, and content packs, is confidential and proprietary. Your license lets you use it as delivered; it does not let you take it apart.

These restrictions apply except to the extent applicable law expressly permits an activity notwithstanding a contractual limitation, such as decompilation that is indispensable for interoperability under the EU Software Directive (2009/24/EC). Before relying on such a right, ask us for the information you need at [email protected]; we will provide it where the law requires, and you may use it only for that purpose.

Breaching this section is a material breach of these terms. Ember may suspend or terminate your license as described in Termination and Suspension and pursue the remedies available under applicable law.

The Lite plan starts with a 7-day free trial that includes 50 trial credits and the Lite plan's features. Pro and Max have no free trial. Whether a trial is offered is shown on the pricing page and at checkout.

You enter a payment method at checkout, but nothing is charged during the trial. When the 7 days end, the trial converts automatically into a paid Lite subscription at the price for the billing period you selected, which is the total (including VAT) shown at checkout before you start the trial. The first charge is made at that moment, your remaining trial credits are replaced by the plan's regular credit allowance, and the subscription then renews as described in Subscriptions, Credits, Auto-Renewal, and Cancellation.

To avoid the charge, cancel before the trial ends. You can cancel your subscription at any time from the Billing page of your account, which opens the Polar customer portal, or by emailing [email protected]; support aims to reply within 2 business days. Cancellation takes effect at the end of the billing period you have already paid for (or, during a free trial, at the end of the trial without any charge).

A trial is meant for new customers. We may decline a trial where there are signs of repeated or abusive sign-ups; the Privacy Policy explains the automated controls involved and how to ask for a person to review a decision.

Your contract is concluded when you start the trial, which is when the withdrawal period in the Refund Policy begins.

Ember is sold on a subscription basis. Plans may include a monthly credit allowance for AI processing, and additional credits may be available separately.

The reduced credit allowances apply to new subscriptions. Existing subscribers keep their previous monthly credit allowance while they remain on the same subscription and plan tier. Changing billing frequency alone does not remove that allowance. Switching tiers or starting a new subscription uses the allowance offered at that time.

All Ember purchases are processed by Polar, which acts as the merchant of record and handles payment processing, VAT and sales tax collection, invoicing, and billing compliance.

Price. The price of each billing period (monthly, quarterly, or annual) is the total shown at checkout before you pay. It includes VAT and any other taxes that apply to you, which Polar calculates from your billing details, so the amount shown at checkout is the amount charged.

Renewal. Subscriptions renew automatically for another billing period of the same length, and the same total is charged, until you cancel. You authorize Polar to charge the payment method presented at checkout for each renewal at your agreed price, subject to the advance-notice requirements in Plan, Pricing, and Feature Changes below.

Cancellation. You can cancel your subscription at any time from the Billing page of your account, which opens the Polar customer portal, or by emailing [email protected]; support aims to reply within 2 business days. Cancellation takes effect at the end of the billing period you have already paid for (or, during a free trial, at the end of the trial without any charge). Cancellation stops future renewals and you keep access until the end of the period you have already paid for; cancelling does not by itself refund the current billing period.

Refunds, statutory withdrawal rights, and billing disputes are governed by the Refund Policy at www.embersubs.com/refund, which forms part of these terms. Except where that policy, applicable law, or Polar as merchant of record provides otherwise, subscription charges, renewals, current billing periods, and credit top-ups are non-refundable.

Plan prices, included credits, credit charges for individual operations, usage limits, features, integrations, and supported platforms are subject to future change under this section. An offer for new customers does not by itself change an existing subscription or override an expressly grandfathered allowance.

For an existing subscription, we will give you at least 30 days' advance notice by email of a price increase, a reduction in included credits, or an increase in credit charges. The notice will explain the change, its reason, its effective date, and how to cancel before it applies. Such changes take effect no earlier than your next renewal after the notice period, and do not reduce the allowance or increase the price for a billing period you have already paid for. Any change requiring your express agreement will apply only after we obtain it.

Beyond updates necessary to maintain conformity, we may add, modify, replace, or discontinue features or integrations for a valid reason: changes in law or regulatory requirements; security or abuse prevention; compatibility with supported operating systems or DaVinci Resolve; changes in third-party provider availability or costs; or technical improvements to performance and reliability. These service modifications will be made without additional charge, and we will explain them clearly. Changes to subscription prices remain subject to the separate renewal and notice requirements above.

If a service modification negatively affects a consumer's access or use more than minimally, we will notify that consumer reasonably in advance by email or another durable medium. The notice will describe the modification and its timing, and explain any right to keep the unmodified service or terminate the contract free of charge. Where EU or Romanian digital-service law applies, the consumer may terminate within 30 days after receiving the notice or after the modification takes effect, whichever is later, unless we let the consumer keep the conforming service without the modification and at no additional cost. Any resulting statutory reimbursement is governed by the Refund Policy and applicable law.

Nothing in this section removes mandatory conformity, cancellation, reimbursement, or other consumer rights. A beta label or a general reservation to change the service does not override those rights.

Use Ember for lawful purposes only. You are responsible for ensuring your use complies with all applicable laws and regulations.

You are solely responsible for reviewing all output, including subtitles, timing, translations, speaker labels, edits, formatting, and exports, before delivery or publication. AI-generated content may contain errors, omissions, mistranslations, timing issues, or unsuitable phrasing.

You are responsible for ensuring you have the rights and, where required, consent from speakers, performers, clients, or rights holders before submitting audio, video, transcripts, subtitles, or prompts for processing.

Ember's AI features process content with remote providers. Ember sends only the audio, transcript, subtitle text, still frames, or prompt content needed to complete the request you start. Cloud transcription and Translation use speech-processing providers; Furnace with Cast or Scripts and Refine use language-model providers. For customer requests sent through Ember's AI routing service, Ember requires Zero Data Retention (ZDR) on each request, restricting routing to endpoints that do not retain the submitted content after processing. Ember's servers check an upload's format, duration, and decodability before transcription and keep no copy of the audio. For transcription providers that temporarily store an upload and transcript, Ember requests deletion immediately after processing and retries a failed deletion. To answer repeated requests safely, Ember's servers keep AI results (the transcript, or a Refine or Cast answer) for 24 hours and then delete them; queued job payloads (prompts and inline images) also expire after 24 hours. Requests from Ember's own developer accounts for building and testing are exempt from the request-level ZDR requirement so provider-side logs remain available for debugging; customer accounts are never routed that way. Models and processing routes may change. Contact [email protected] for details of the providers that process your data.

Only use AI features with content you are comfortable sending for remote processing.

The rights and consent obligations in Acceptable Use apply to every request you submit for AI processing. See Subprocessors for recipient categories and how to request provider details.

Ember is currently in beta. AI-generated subtitles, translations, and edits must be reviewed before professional delivery. Changes to features and integrations follow Plan, Pricing, and Feature Changes above.

Ember may release updates, bug fixes, and feature changes. Some workflows depend on third-party software including DaVinci Resolve, operating system services, drivers, codecs, and AI processing providers.

Availability. Ember promises no uptime percentage or service-level agreement, and the service can be interrupted for maintenance, updates, or because a third-party dependency is unavailable. We work to keep Ember available and to fix defects promptly. The beta label does not reduce the legal guarantee of conformity described in Conformity and Disclaimers, which applies throughout your subscription.

Consumers. If you are a consumer, Ember must supply digital content and services that conform to the contract, including the features described on the pricing page and in the documentation, and that meet the objective requirements of the law. This is the legal guarantee of conformity under Directive (EU) 2019/770 as transposed in Romania by Government Emergency Ordinance No. 141/2021 (OUG 141/2021), and under the corresponding law of your country of residence. Where Ember does not conform, you are entitled to have it brought into conformity; if that is not possible, is not done within a reasonable time, or the defect is serious, you are entitled to a reduction of the price or to terminate the contract and be reimbursed as the law provides. To use these remedies, contact us at the support address with a description of the defect.

Disclaimers. Subject to the previous paragraph, and as far as applicable law allows, Ember is provided "as is" and "as available", and Ember disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement, particularly towards business customers. Ember does not warrant that the software will be error-free, uninterrupted, or secure, or that AI-powered features will produce accurate, complete, or suitable results.

No disclaimer or limitation in these terms applies to the extent it would limit a right you have under mandatory consumer law, including the rights above.

To the extent permitted by applicable law, Ember’s total aggregate liability for all claims arising from or related to these terms or the use of Ember shall not exceed the total amounts you paid to Ember through Polar in the twelve (12) months immediately preceding the event giving rise to the claim.

To the extent permitted by applicable law, Ember shall not be liable for indirect, incidental, special, or consequential damages, or for loss of profits, revenue, data, business opportunities, or goodwill, even if Ember has been advised of the possibility of such damages.

None of these limits applies to liability for intent or gross negligence, to liability for death or personal injury, to fraud or fraudulent misrepresentation, to any other liability that cannot be excluded or limited under applicable law, or to your statutory rights as a consumer, including the conformity remedies above.

You will compensate Ember for losses it suffers from claims made by third parties (and for the reasonable legal costs of defending them) to the extent the claim was caused by:

Ember will tell you about the claim promptly and give you the chance to respond to it. If you are a consumer, this section applies only as far as the law permits, and you are liable only for loss that you caused through your own fault.

Ember may suspend or terminate your access without prior notice for breach of these terms, non-payment, suspected fraud or abuse, license sharing, attempts to bypass billing or usage limits, payment misuse, or unlawful activity. Ember may also discontinue the service with reasonable advance notice.

If access is suspended or terminated for abuse, fraud, non-payment, or license misuse, Ember may revoke the affected account access, download access, and unused credits to the extent permitted by applicable law.

Upon termination, your license ends immediately. You must stop using Ember and delete all copies from your devices. Content you created with Ember remains yours.

Provisions that by their nature survive termination — including Intellectual Property, Software Protection, Limitation of Liability, Indemnification, and Governing Law — will survive the termination of these terms.

These terms are governed by the laws of Romania and applicable European Union law. If you are a consumer, you also keep the mandatory consumer-protection rules of the country where you live, even where they give you more protection than Romanian law.

Business customers: disputes are subject to the competent courts of Romania. Consumers: you may bring proceedings in the courts of Romania or in the courts of your EU country of residence, and Ember will bring proceedings against you only in the courts of your country of residence.

Complaints. Please write to [email protected] first; we will answer in writing. You can also complain to the Romanian consumer protection authority ANPC (anpc.ro), which publishes information about alternative dispute resolution (SAL) bodies, or to the consumer authority of your own country.

If any provision of these terms is found to be unenforceable, the remaining provisions remain in full effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

These terms, together with any checkout and billing terms presented by Polar at purchase time, constitute the entire agreement between you and Ember regarding the subject matter herein and supersede all prior agreements and understandings.

Ember’s failure to enforce any right or provision of these terms does not constitute a waiver of that right or provision.

Ember may transfer these terms to a successor of the business only after notifying you by email, and without reducing your rights or the protections these terms give you. If you are a consumer and object to the transfer, you may terminate your subscription free of charge, and your statutory reimbursement rights remain. You may not assign your rights or obligations without prior written consent from Ember.

Notices to Ember should be sent to [email protected].

Ember may update these terms to reflect changes in law, the service, or its operation. We will give at least 30 days' advance notice by email of material changes, explaining what changes, when they take effect, and your cancellation options. A shorter notice period may apply where a legal obligation or urgent security issue requires it, to the extent permitted by law.

Updates do not retroactively change completed purchases or remove an expressly grandfathered credit allowance. Where your express agreement is required, we will obtain it before applying the change. Continued use alone does not waive mandatory consumer rights. If you do not agree to a proposed change, you may cancel before it takes effect, without losing any statutory termination or reimbursement rights.

The current version of these terms is always available at www.embersubs.com/terms.