Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the Ember Connect mobile application and services (the “Platform”), operated by Shanty (“Ember”, “we”, “us”). By creating an account or using the Platform, you agree to these Terms, our Privacy Policy, our Community Guidelines, and our Refund & Cancellation Policy, all of which are incorporated into these Terms by reference. We also encourage you to read our Safety Tips before you start connecting.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a contract to use the Platform. By registering you represent and warrant that:

• you are at least 18 years of age;
• you can form a binding contract under applicable law;
• you have never been convicted of, and are not subject to pending proceedings for, a sexual offence, an offence involving violence, or an offence against women or children; and
• you are not prohibited by any applicable law from using the Platform.

Accounts found to belong to minors will be terminated and associated data deleted.

2. The Service

Ember Connect is a video-calling connection platform. Users seeking connections (“Connectors”) can discover and connect with users offering their time (“Earners”). Calls are enabled either through paid subscriptions (plans) or, where an Earner opts in, in a free/casual mode. We do not guarantee any particular match, availability, call quality, or outcome. The Platform is a social connection service only — it is not a dating-outcome guarantee, an escort or companionship service, or an employment platform.

The Platform is supported in part by advertising. You may be shown third-party advertisements (served through Google AdMob) while using the app. We are not responsible for the content of third-party advertisements or for the products, services, or websites they link to; your interactions with advertisers are governed by those third parties' terms.

3. Accounts, Conduct & Community Guidelines

Your conduct on the Platform is governed by these Terms and by our Community Guidelines, which form part of these Terms. In particular, and in accordance with Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you agree not to host, display, upload, publish, transmit, or share any content or engage in any conduct that:

• belongs to another person and to which you have no right;
• is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy (including bodily privacy), insulting or harassing on the basis of gender, racially or ethnically objectionable, or otherwise unlawful;
• is harmful to children;
• infringes any patent, trademark, copyright, or other proprietary right;
• deceives or misleads about the origin of a message, or knowingly communicates misinformation or information that is patently false and untrue;
• impersonates another person, or uses a fake identity, name, age, gender, or photos;
• threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order, or incites any cognisable offence;
• contains a virus or any code designed to disrupt or limit the Platform;
• relates to or encourages money laundering, gambling, or any activity unlawful in India;
• solicits, offers, or advertises sexual services, escort services, paid companionship, or in-person meetings in exchange for money or anything of value — this results in an immediate, permanent ban;
• solicits money, gifts, or financial information from other users, or moves or attempts to move payments outside the Platform;
• records, captures, screenshots, or redistributes another user's call, image, or media without their consent; or
• attempts to disrupt, scrape, reverse-engineer, or gain unauthorised access to the Platform.

Violations may result in content removal, immediate suspension or termination of your account, forfeiture of unused minutes or unpaid earnings connected to the violation, and, where appropriate, referral to law enforcement. If you do not comply with these Terms and the applicable rules and regulations, we have the right to remove non-compliant content and/or terminate your access immediately. We will remind users of these requirements periodically, and at least once every year.

4. Reporting, Moderation & Appeals

You can report a user or content from within the app (block/report on any profile or call), or by contacting our Grievance Officer (Section 15). We review reports and may use a combination of manual review and automated tooling. If your content is removed or your account is suspended and you believe this was a mistake, you may appeal by writing to the Grievance Officer within 30 days of the action; we will review and respond within the timelines in Section 15.

5. Payments & Subscriptions

Subscriptions and plans are priced in Indian Rupees and processed by our payment partner (Razorpay) or the Apple App Store. Purchasing a plan grants a fixed number of call minutes with a specific Earner as described at checkout. Applicable taxes may apply. By purchasing, you authorise us and our payment partner to charge the applicable amount.

• Plans are one-time purchases and do not auto-renew unless expressly stated otherwise at checkout.
• Call minutes are licensed to you for use on the Platform only. They are not transferable to another user or another Earner, have no cash value, and cannot be exchanged or resold.
• Minutes remain available while both your account and the relevant Earner's account remain active, unless a validity period is stated at checkout. If the Earner leaves the Platform or is banned before your minutes are used, contact us and we will restore equivalent value or refund the unused portion.

6. Refunds & Cancellations

Refunds are governed by our Refund & Cancellation Policy. In summary: call minutes and plans are digital services consumed on use and are non-refundable once a call has been connected or minutes have been used, except where a refund is required under applicable law; billing errors (duplicate or failed charges, minutes not credited) reported within 7 days are investigated and refunded where verified. Purchases made through the Apple App Store are additionally governed by Apple's refund policy and must be requested through Apple.

7. Earnings & Payouts (Earners)

Earners receive a share of the amount billed for completed call minutes, net of the platform commission disclosed in the app. Earnings accrue per completed call and are payable via the payout method you register. We may withhold or reverse earnings arising from fraud, chargebacks, refunds, or Terms violations. You are responsible for any taxes on your earnings.

• You participate as an independent user of the Platform. Nothing in these Terms creates an employment, agency, partnership, or franchise relationship between you and Ember. You are not entitled to employee benefits, and you are solely responsible for reporting and paying any income tax, GST, or other taxes applicable to your earnings. We may deduct tax at source (TDS) where required by law.
• Before your first payout we may require identity and payout-account verification (KYC), and we may suspend payouts until verification is complete.
• Earner accounts require identity verification (a short verification video). Allowing any other person to operate your verified Earner account is prohibited.

8. No Background Checks & Your Safety

EMBER DOES NOT CONDUCT CRIMINAL-BACKGROUND OR IDENTITY-VERIFICATION CHECKS ON CONNECTORS, AND EARNER VERIFICATION IS LIMITED TO CONFIRMING THAT THE PROFILE BELONGS TO A REAL PERSON. We make no representations or warranties as to the conduct, identity, intentions, or legitimacy of any user. You are solely responsible for your interactions with other users, on and off the Platform. Never send money to another user, and do not share financial or sensitive personal information. Please read our Safety Tips before connecting. Any offline contact or meeting between users is outside the Platform, is not facilitated or endorsed by us, and is entirely at your own risk.

9. Content, Licence & IP Complaints

You retain ownership of the profile content you upload. You grant us a limited, non-exclusive licence to host and display that content within the Platform for the purpose of operating the service. You are solely responsible for the content you provide. We may remove or refuse any content that we reasonably believe violates these Terms, the Community Guidelines, or applicable law.

All rights in the Platform itself — including its software, design, branding, and content other than user content — belong to Ember or its licensors. If you believe content on the Platform infringes your copyright, trademark, or other rights, write to our Grievance Officer (Section 15) with the details of the work, the location of the infringing content, and your contact information; we will act on valid notices as required by law.

10. Suspension & Termination

We may suspend or terminate your account for breach of these Terms, suspected fraud, or to comply with law. If your account is terminated for breach, any unused minutes are forfeited to the maximum extent permitted by law, and unpaid earnings connected to fraud or the breach may be withheld. You may delete your account at any time from the app; unused minutes are forfeited on voluntary deletion, and data deletion is handled as described in the Privacy Policy. Sections 8, 9, 11, 12, 13, and 14 survive termination.

11. Disclaimers & Limitation of Liability

The Platform is provided “as is” without warranties of any kind, whether express or implied, including fitness for a particular purpose or uninterrupted, error-free operation. To the maximum extent permitted by law, we are not liable for indirect, incidental, or consequential damages; for the conduct of any user on or off the Platform; or for loss arising from interactions between users. Our total liability for any claim relating to the Platform is limited to the amount you paid to us in the three months preceding the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

12. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Ember and its personnel from claims, losses, and expenses (including reasonable legal fees) arising out of your content, your use of the Platform in breach of these Terms, or your violation of any law or the rights of any third party.

13. General

• Entire agreement: these Terms, together with the documents incorporated by reference, are the entire agreement between you and Ember regarding the Platform.
• Severability: if any provision is held unenforceable, the remainder continues in full force.
• No waiver: our failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms; we may assign them in connection with a business transfer, subject to the Privacy Policy.
• Force majeure: we are not liable for delay or failure caused by events beyond our reasonable control.

14. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of India. Subject to the grievance process below, the courts at New Delhi, Delhi shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Platform.

15. Grievance Redressal & Contact

In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the contact details of our Grievance Officer are:

Prince Yadav
Email: naitiksolution304@gmail.com
Shanty

We will acknowledge your complaint within 24 hours and resolve it within 15 days of receipt. Complaints about content showing a person in full or partial nudity or a sexual act, or impersonating a person (including morphed images), will be actioned within 24 hours of the complaint. See also our Contact page.

16. Changes

We may revise these Terms from time to time. Material changes will be notified in-app and the version number above will change. Continued use after changes take effect constitutes acceptance of the revised Terms.