Terms

Agreement to these terms

These Terms govern your use of Ember’s school community marketplace and related services. By creating an account or using Ember, you agree to these Terms and our Privacy Policy. If you do not agree, do not use Ember.

Eligibility and school access

You must be at least 18 years old and able to enter a binding agreement to use Ember independently. A minor may participate only through a parent or legal guardian who owns and manages the account and is responsible for all activity.

Access to a school marketplace requires a valid school code. Keep school codes private and use only communities you are authorized to join. Ember or a participating school may revoke access when necessary to protect the community.

Your account

Provide accurate, current information and keep your sign-in credentials secure. You are responsible for activity under your account and must promptly tell us about suspected unauthorized use. You may not impersonate another person, create misleading accounts, or transfer your account without permission.

Ember’s role

Ember provides tools for community members to list, discover, buy, sell, and communicate about used goods. Unless we expressly say otherwise, Ember does not own, inspect, store, deliver, or guarantee listed items and is not a party to the agreement between a buyer and seller. Participating schools receive donations but are not responsible for listings or transactions solely because they participate in Ember.

Listings and prohibited items

Sellers must own or be authorized to sell each item and must describe its condition, price, and material defects honestly. Photos must show the actual item. Listings may not offer illegal, stolen, counterfeit, recalled, hazardous, unsafe, age-restricted, or otherwise prohibited goods. Ember may remove or limit any listing that violates these Terms or creates risk for the community.

Transactions, fees, and school donations

When an item sells, the seller pays a donation equal to 5% of the sale price to the participating school, an Ember service fee equal to 5% of the sale price, and the applicable third-party payment processing fee. These amounts are deducted from the seller’s proceeds; the buyer pays the displayed item price and any separately disclosed charges.

The amounts and estimated seller proceeds will be displayed before the relevant transaction is confirmed. School donations are made as part of the marketplace transaction and should not be treated as tax-deductible unless you receive documentation establishing otherwise.

Payments and payouts

Payments and payouts are processed by Stripe. Buyers authorize the charge shown at checkout. Sellers and schools may be required to create a connected payment account, verify their identity, and accept Stripe’s terms before receiving funds.

Seller proceeds and the school donation are released after the buyer confirms pickup or delivery, subject to payment settlement, verification, refunds, disputes, reserves, legal requirements, and risk review. Ember may delay or withhold a payout where reasonably necessary to investigate suspected fraud, resolve a dispute, or comply with law or payment-network rules.

Pickup, delivery, and safety

Buyers and sellers are responsible for agreeing on the handoff and communicating clearly. Use a safe, appropriate location, inspect the item before confirming receipt, and do not proceed if a situation feels unsafe. Any shipping or local delivery arrangement not expressly provided by Ember is made at the users’ own responsibility and risk.

Cancellations, refunds, and disputes

Contact the other party promptly if a transaction cannot be completed or an item materially differs from its listing. Refunds and cancellations may affect seller proceeds, Ember fees, school donations, and payment processing costs. Ember may review messages, listing details, transaction records, and other relevant information to help resolve a dispute, but does not guarantee a particular outcome.

Community conduct

Be respectful, accurate, and safe. Do not harass others, discriminate, send spam, manipulate transactions, evade fees, misuse school codes, collect data without permission, interfere with Ember, or use the service for fraud or unlawful activity. Keep transaction communications on Ember when possible so relevant records are available if support is needed.

Your content

You retain ownership of content you submit. You give Ember a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, adapt, and distribute that content only as needed to operate, improve, promote, and protect Ember. You represent that you have the rights needed to submit your content and that it does not violate another person’s rights or the law.

Suspension and termination

You may stop using Ember at any time. We may restrict or terminate access, remove content, or pause transactions when we reasonably believe these Terms were violated, an account creates legal or safety risk, or action is necessary to protect Ember or its community. Terms that by their nature should survive termination will continue to apply.

Third-party services

Ember may rely on or link to third-party services, including Stripe. Those services are governed by their own terms and privacy practices. Ember is not responsible for third-party services outside our control.

Disclaimers

Ember is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee any listing, item, user, school, transaction, handoff, uninterrupted availability, or that the service will always be error-free or secure. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

Limitation of liability

To the fullest extent permitted by law, Ember and its officers, employees, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or opportunities arising from Ember or a transaction between users. Our total liability for claims relating to Ember will not exceed the greater of $100 or the Ember service fees you paid during the 12 months before the event giving rise to the claim. These limits do not apply where prohibited by law.

Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Ember and its officers, employees, and affiliates from claims, losses, and reasonable costs arising from your listings, items, content, transactions, violation of these Terms, or violation of another person’s rights.

Changes and general terms

We may update these Terms as Ember evolves. We will post revised Terms with a new effective date and provide additional notice when required. If a provision is unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; Ember may assign them as part of a reorganization or transfer of the service.

Contact us

Questions about these Terms can be submitted through our Help page.