These Terms and Conditions (“Terms”) govern your purchase, access, and use of the Ember device, platform, software, website, and related services (collectively, “Ember”) provided by AirMedia Limited (“Company,” “we,” “our,” or “us”).

By purchasing, accessing, or using Ember, you agree to be bound by these Terms. If you do not agree, you must not use Ember.

1. Definitions

• Device: The Ember hardware unit provided by AirMedia Limited.

• Software: The operating system, applications, and firmware provided with Ember.

• Models: Third-party open-source AI models that may be downloaded, run, or integrated into Ember.

• Outputs: Any results, data, or content generated through the use of Ember or Models.

2. Company Information

Ember is owned and operated by AirMedia Limited, a company registered in England and Wales under Company No. 15271197, with its registered office at 509 Tildesley Road, London, SW15 3BE.

3. Product Description and Disclaimer

Ember is a self-contained AI device and software ecosystem enabling you to download, run, and interact with open-source AI models locally, ensuring your data remains private.

Images, descriptions, and specifications of Ember displayed on our website, marketing materials, or other channels are illustrative only. The final product may differ in design, features, or performance due to technical, safety, or regulatory requirements.

We reserve the right to make modifications or improvements to Ember at any time without prior notice.

4. Eligibility

You may only use Ember if you are:
a) At least 18 years of age; and
b) Legally capable of entering into binding contracts under applicable law.

If you are using Ember on behalf of an organization, you confirm that you have authority to bind that organization to these Terms.

5. Pricing, Payments, and Refunds

• Pricing: The purchase price for Ember will depend on the required capacity and configuration. Pricing will be determined and mutually agreed in writing between you and AirMedia Limited before any transaction is processed.

• Payments: Payment methods, schedules, and applicable taxes will be agreed in writing at the time of order.

• Refunds/Returns: Refund and return policies will be communicated prior to purchase and included in your purchase agreement. Unless expressly stated, all sales are final.

• Risk of Loss: Title and risk of loss transfer to you upon delivery of the Device.

6. Licensing and Use of Ember

• License: We grant you a limited, non-exclusive, non-transferable license to use Ember for your internal business or personal purposes.

• Restrictions: You must not:
  a) Use Ember for unlawful purposes;
  b) Reverse-engineer, decompile, or tamper with the Device or Software;
  c) Circumvent security features;
  d) Resell, lease, or sublicense Ember without our written consent.

• Models: Ember provides access to open-source AI models curated from third parties. We do not own these models and make no warranties as to their functionality, accuracy, or fitness for a particular purpose. You are solely responsible for ensuring compliance with the applicable licenses of each model you use.

7. Data Privacy and Security

Ember is designed to run locally, ensuring that your data remains on your Device. We do not access or store your personal data without your explicit consent.

You are solely responsible for maintaining the security of your Ember Device, your local network, and any integrations you choose to enable.

Please review our Privacy Policy for more details.

8. Intellectual Property

All intellectual property rights in Ember, including software, hardware designs, trademarks, branding, and documentation, are owned by AirMedia Limited or its licensors.

You retain ownership of your data and Outputs generated by models running on Ember, subject to the licensing terms of the respective models.

9. User Responsibilities

You are solely responsible for:

• Ensuring compliance with applicable laws (including data protection, intellectual property, and export controls);

• The legality and appropriateness of all content you generate using Ember;

• Not using Ember to create, promote, or disseminate harmful, unlawful, or infringing content (e.g., child exploitation, terrorism, disinformation).

10. Indemnification

You agree to indemnify, defend, and hold harmless AirMedia Limited, its directors, officers, employees, and affiliates from any claims, damages, liabilities, or expenses arising from your misuse of Ember, violation of these Terms, or infringement of third-party rights.

11. Warranties and Disclaimers

Ember is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that Ember will be error-free, uninterrupted, or compatible with all systems. Any reliance you place on Outputs from Ember or third-party Models is at your own risk.

Ember is not intended for critical decision-making (e.g., medical, financial, or safety-related applications).

12. Limitation of Liability

To the fullest extent permitted by law, AirMedia Limited shall not be liable for:

• Loss of profits, revenue, data, or business opportunities;

• Indirect, incidental, or consequential damages;

• Any issues arising from third-party Models or integrations.

Our total liability for any claim arising out of these Terms or Ember shall not exceed the amount you paid for Ember and associated services under the relevant purchase agreement.

13. Export Control and Compliance

You agree not to export, re-export, or use Ember in violation of any applicable export control laws or regulations. Ember may not be used in jurisdictions subject to sanctions or for prohibited purposes.

14. Early Access Program

If you participate in our Early Access Program:

• Features may be experimental, incomplete, or subject to change;

• We may request feedback to improve Ember, but you are under no obligation to provide it;

• We make no guarantees regarding availability, support, or performance during Early Access.

15. Termination

We may suspend or terminate your license to use Ember if you breach these Terms, misuse the Device, or engage in unlawful activities. Upon termination, your right to use Ember will immediately cease.

16. Force Majeure

We will not be liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, government actions, supply chain disruptions, or power failures.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. Amendments

We may update these Terms from time to time. Updated Terms will be posted on our website with the “Last Updated” date. Continued use of Ember after such updates constitutes your acceptance of the new Terms.

19. Severability and Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force.

These Terms constitute the entire agreement between you and AirMedia Limited regarding Ember and supersede any prior agreements or representations.

20. Contact Us

For any questions regarding these Terms, please contact:

AirMedia Limited
509 Tildesley Road
London, SW15 3BE
support@ember-llm.com