Terms of Service

1. Who this agreement is with

MemberEmberis sold and licensed to organizations - Chambers of Commerce, business councils, booster clubs, nonprofits, and similar organizations (“Customer,” “you,” “your”). If you use the service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to that organization.

2. Description of the service

MemberEmber helps Customers re-engage dormant contacts - lapsed members, past sponsors, one-time donors, and former event attendees - by researching contacts, drafting personalized outreach email, sending that email through a sending account the Customer connects and controls, and classifying and helping respond to replies. MemberEmberdoes not send outreach email from its own infrastructure - every outreach message is sent through the Customer's own connected email account (Gmail, Outlook, or another supported provider), using that account's own sending reputation.

3. Accounts, plans, and billing

Subscriptions are billed on a recurring monthly basis through our payment processor, ThriveCart, at the plan tier you select. Features, contact limits, and daily sending caps vary by plan and are described at memberember.com/pricing. You are responsible for keeping billing information current and for all charges incurred under your account. See our Refund Policy for cancellation and refund terms.

4. Your responsibilities as the sender

Because outreach is sent from your own connected account, in your organization's name, you are responsible for the accuracy of the contact data you upload and for having an appropriate basis - such as a prior membership, donor, sponsor, or attendee relationship - to contact the people on your list. You agree to comply with CAN-SPAM, applicable state and international email and marketing laws, and the terms of your own email provider, and not to use MemberEmber to send unsolicited email to people with whom your organization has no prior relationship.

MemberEmber enforces certain compliance safeguards automatically regardless of your plan or settings, including:

• A physical mailing address and working unsubscribe link on every outreach email, built into the send pipeline itself.
• Instant, automatic Do-Not-Contact handling - any opt-out language in a reply pauses that contact's sequences and deletes queued email, and only a human user can reverse it.
• Server-side daily send caps and warmup pacing that cannot be exceeded by a campaign setting or bug in the interface.
• Human escalation of any reply the system detects as a grievance or complaint, even in fully automated (Autopilot) mode.

5. AI-generated content

Research summaries, outreach email, and reply drafts are generated by artificial intelligence based on your contact data, your organization's brand voice settings, and publicly available information. AI-generated content may contain inaccuracies. In Approve and Staff modes, you review drafts before anything sends. In Autopilot mode, you are choosing to let the system send and respond without a per-message review, subject to the guardrails described above; you remain responsible for the content sent from your account. Every AI action is recorded in your account's AI Decisions Log, including the reasoning behind it.

6. Acceptable use

You agree not to use MemberEmber to:

• Send unlawful, deceptive, harassing, or unsolicited email, or email to purchased or scraped contact lists.
• Upload contact data you are not authorized to use for outreach.
• Attempt to bypass daily sending caps, warmup limits, Do-Not-Contact status, or other guardrails described in these Terms.
• Interfere with, reverse engineer, or probe the security of the platform.
• Access another organization's data; every account is isolated to its own organization by design, and any attempt to access another Customer's data is a material breach of these Terms.

7. Data ownership and processing

You own the contact data you upload. You grant MemberEmber a limited license to store, research, and process that data solely to provide the service to you. Our handling of personal data is described in the Privacy Policy. On request, and subject to reasonable verification, we will export or delete your organization's data.

8. Third-party services

The service integrates with third-party providers you choose to connect (such as Gmail or Microsoft) and with subprocessors we use to operate the platform (described in the Privacy Policy). We are not responsible for the availability, security, or policies of third-party services outside our control, including your own email provider.

9. Intellectual property

MemberEmber, Ember Check™, Rekindle Hooks™, Warmth Score™, and related names, logos, and product features are trademarks or service marks of Prosperity Marketing LLC, doing business as MemberEmber. Nothing in these Terms grants you rights to our marks except as needed to identify the service you are licensed to use.

10. Disclaimers

The service is provided "as is" and "as available." We do not guarantee any specific renewal, reply, or revenue outcome from using MemberEmber. See our full Disclaimer for additional detail.

11. Limitation of liability

To the maximum extent permitted by law, Prosperity Marketing LLC, doing business as MemberEmber will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising from your use of the service. Our total liability for any claim relating to the service will not exceed the amount you paid us in the twelve months before the claim arose.

12. Termination

You may cancel your subscription at any time; access continues through the end of the current billing period. We may suspend or terminate access for breach of these Terms, including violations of the Acceptable Use section, or for non-payment.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by an updated Effective Date at the top of this page, and where appropriate, by direct notice to account owners.

14. Governing law

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles.

15. Contact

Questions about these Terms can be sent to loading… or by mail to Prosperity Marketing LLC, doing business as MemberEmber, 6 Old Temple Hill Rd #14, Vails Gate, NY 12584.