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Terms of Service

Effective Date: 1/25/25

These Terms of Service (“Terms”) govern your use of the daily texting service (“Service”) provided by Ember Technologies, LLC (“Company,” “we,” “us,” or “our”), doing business as pingd (“pingd”). By using our Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. The Service

  1. Description: pingd offers daily motivational or fun text messages (“Messages”) delivered to subscribers’ mobile phone numbers.

  2. Eligibility: You must be at least 18 years old to use the Service.

2. Subscription and Fees

  1. Monthly Subscription: The Service is offered on a subscription basis at USD $5 per month.

  2. Payment:

    • Payment is processed automatically at the start of each billing cycle.

    • You must provide a valid payment method to maintain your subscription.

  3. No Refunds:

    • We do not offer refunds once you have been charged for a billing cycle.

    • If you cancel, you will not be charged again but will not receive any refund for the current billing period.

3. Cancellation

  1. How to Cancel:

    • You may cancel your subscription at any time by following the instructions provided in your payment receipt email.

    • Cancellation takes effect at the end of your current billing cycle.

  2. Effect of Cancellation: Once canceled, you will not receive any further Messages after the current subscription term ends.

4. User Conduct

  1. Lawful Use: You agree to use our Service only for lawful purposes and in compliance with all applicable laws and regulations.

  2. Respectful Usage: While we strive to send only motivational or fun content, you understand that these Messages are AI-generated and may occasionally contain unintended content. You agree to discontinue use of the Service if you find the content offensive or inappropriate.

5. Ownership and Use of Content

  1. AI-Generated Content: The Messages are primarily generated by AI.

  2. Our Ownership: The underlying algorithms, designs, and infrastructure used to generate the Messages are owned by pingd (Ember Technologies, LLC).

  3. Your Rights: Once a Message is sent to you, you own the text and may use it for any personal or commercial purpose. You agree that any use of the text does not violate any law or regulation.

6. Disclaimer of AI Content

  1. No Endorsement or Guarantee: The Messages may not represent the opinions, feelings, or views of pingd or Ember Technologies, LLC.

  2. Not Responsible for AI Output: We are not liable for any content generated by our AI platform, including its accuracy, completeness, or any potential offensiveness.

  3. Not Professional Advice: The Messages are intended for entertainment and motivational purposes only and do not constitute professional, medical, legal, or financial advice.

7. Limitation of Liability

  1. No Liability for Indirect Damages: To the fullest extent permitted by law, pingd (Ember Technologies, LLC) shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service.

  2. Cap on Liability: In no event shall our total liability to you for all damages exceed the amount you paid for the Service during the 12 months immediately preceding the event giving rise to the liability.

8. Termination

  1. Termination by You: You may cancel or discontinue your use of the Service at any time as described above.

  2. Termination by Us: We reserve the right to terminate or suspend your access to the Service for failure to pay or if you breach these Terms, violate applicable law, or engage in any other conduct that we deem harmful to the Service or other users.

9. Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service will be governed by the laws of the United States and the laws of the State of Montana, without regard to conflict-of-law principles.

10. Dispute Resolution

  1. Venue: Any legal action or proceeding relating to these Terms shall be instituted in the state or federal courts located in Yellowstone County, Montana. You and pingd consent to the personal jurisdiction of these courts.

  2. Attorneys’ Fees: In the event of any legal action, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

11. Disclaimers

  1. Service “As Is”: The Service is provided on an “as is” and “as available” basis without warranties of any kind.

  2. No Guarantee: We do not guarantee the Service will be uninterrupted, error-free, or free of harmful components.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes by posting the updated Terms on our website or by sending an email or text notification. Your continued use of the Service after the posting of changes constitutes your acceptance of those changes.

13. Miscellaneous

  1. Entire Agreement: These Terms constitute the entire agreement between you and pingd (Ember Technologies, LLC) regarding the Service and supersede all prior or contemporaneous understandings.

  2. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

  3. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Contact Us

For any questions or concerns about these Terms, please contact us at:
Ember Technologies, LLC (pingd)
Email: jordan@jordangibbs.xyz

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By using the Service, you acknowledge that you have read, understood, and agree to these Terms of Service.

Last Updated on 1/25/25.

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