EmberQA | Terms of Service

Last updated: November 2, 2026

These Terms of Service ("Terms") are an agreement between SuperCall, Inc., 2093 Philadelphia Pike #8899, Claymont, DE 19703, which provides EmberQA ("EmberQA", "we", "us", or "our"), and the person or organization using our Services ("you" or "your").

1. Accepting These Terms

You accept these Terms when you use the Services, submit calls for review, sign an order that refers to these Terms, or check a box or click a button accepting them. If you do not agree, do not use the Services.

The Services are for business use and are not intended for consumers. You must be at least 18 years old to use them. If you accept these Terms for an organization, you confirm that you have authority to bind it, and "you" means that organization.

An "Order Form" is an order form, quote, statement of work, or online checkout that we have accepted and that lists what you are buying. If an Order Form or other signed agreement with us conflicts with these Terms, the Order Form or signed agreement controls.

2. The Services

The "Services" are:

The Website: emberqa.com and its content, including our blog, guides, documentation, and tools.
Free QA: our free call review, which scores a limited number of calls without an account.
The Platform: our paid software and related services, including Quality Assurance, Coaching & Training, and Agent Assist, as listed in your Order Form.

We may change the Services over time. We will not materially reduce the core functionality of a paid Service during a paid term without giving you the remedy in Section 11.

We may label some features as beta, preview, or early access. These features may change or end at any time, may be less reliable than our other features, and are provided as is.

We provide the support included in your plan. Service levels or response times apply only if they are stated in your Order Form.

3. Accounts and Authorized Users

You may let your employees and contractors use the Platform on your behalf ("Authorized Users"). You are responsible for what they do in your account, for keeping credentials secure, and for setting the roles and team permissions that control who can see what. Tell us promptly if you believe your account has been accessed without permission.

4. Free QA

Free QA is offered for evaluation only. It may be limited, changed, or withdrawn at any time, and it comes with no support or service commitment.

Sections 5 through 9 apply to anything you upload to Free QA. In particular:

You must have the right to upload each call, including any consent the law requires (Section 6).
You must not upload protected health information, payment card numbers, or other Restricted Data to Free QA. Free QA is not covered by a business associate agreement (Section 7).
We may use your uploads and the contact details you provide to generate your report and to follow up with you about it. Our Privacy Policy describes how we handle your contact details.
Free QA is not a storage service. We may delete uploads and reports at any time, so keep your own copies.

5. Your Data

Ownership. "Customer Data" means the recordings, transcripts, messages, documents, rubrics, knowledge content, and other material you or your Authorized Users submit to the Services, along with the scores, reports, and other results the Services generate from it for you ("Outputs"). As between you and us, you own Customer Data. Outputs may be similar to results generated for other customers, and similar results do not belong exclusively to you.

Our limited license. You allow us and our service providers to host, copy, transmit, transcribe, analyze, and otherwise process Customer Data as needed to provide, secure, support, and troubleshoot the Services for you, to test the accuracy of the Services, and to comply with the law.

No model training and no sale. We do not use Customer Data to train generalized AI models, and we do not sell Customer Data.

AI and infrastructure providers. We use third-party AI, transcription, telephony, and cloud providers to process Customer Data on our behalf, and data may be processed outside your state or country. You authorize us to use these providers to deliver the Services.

Usage Data. We may collect technical and usage information about how the Services operate and are used, such as feature use, performance, and error data, and may use it to run and improve our products. Usage Data does not include the content of your interactions.

Personal data. When we process personal data within Customer Data, we do so on your behalf and under your instructions. If the law requires a data processing agreement, contact us and we will provide one. Our Privacy Policy covers the personal information we handle for our own purposes, such as website visitor and account information.

Security. We use reasonable administrative, technical, and physical safeguards designed to protect Customer Data. No system is completely secure, and we cannot guarantee that it will never be accessed without authorization.

Backups. The Services are not a backup or archive. You are responsible for keeping your own copies of your original recordings and other data.

You are solely responsible for the legality of the data you submit and how you use the Services. You decide which interactions to send us, and you have the relationship with the people on them.

You confirm that, before any interaction is recorded, transmitted, or analyzed through the Services, you have given every notice and obtained every consent and right that the law requires. This includes:

Consent from all parties to a call where the law requires it. Recording and interception laws vary, some states and countries require every party's consent, and calls that cross state or national lines may be subject to the stricter law.
Notice that covers how the interaction is actually handled, including transcription, AI analysis, and processing by third-party providers such as EmberQA. If you use Agent Assist, this includes processing during the live call.
Notices to and consents from your own agents and other workers, as required by workplace monitoring, employment, and privacy laws.
Compliance with laws on privacy, telemarketing, consumer protection, and biometric data, and with any contract terms that apply to you, such as those of your own clients.

Any compliance or consent-related feature of the Services is a tool to support your own process. It does not move these responsibilities to us, and we do not advise you on what the law requires.

7. Health Information and Restricted Data

"Restricted Data" means protected health information under HIPAA, payment card numbers and security codes, government identification numbers, financial account credentials, biometric identifiers, and data that is subject to similar heightened legal requirements.

Protected health information. You may submit protected health information to the Platform only if we have both signed a business associate agreement that covers your account. If you are a covered entity or business associate, you must make sure one is in place before you submit any calls.

Other Restricted Data. Do not submit other Restricted Data unless we have agreed to it in writing. Customer calls can contain this information, so you are responsible for configuring your recording and telephony systems to pause, redact, or exclude it. You acknowledge that the Services are not offered as a PCI DSS-compliant environment for cardholder data unless your Order Form says otherwise.

8. AI Outputs

The Services use artificial intelligence. AI can make mistakes, including in transcripts, scores, explanations, summaries, alerts, coaching, roleplay, and real-time guidance. Outputs depend on the quality of your recordings and the rubrics and instructions you provide.

Review Outputs before relying on them. Outputs are not a guarantee of quality or compliance, and a passing score or the absence of a red flag does not mean that an interaction was lawful or compliant.
Agent Assist is guidance only. Your agents remain responsible for what they say and do on a call. Agent Assist's compliance prompts and suggested answers are not legal advice and may be late, incomplete, or wrong.
Outputs are not professional advice. They are not legal, compliance, medical, financial, or other professional advice.
Keep a human in employment decisions. Outputs are a tool to support your managers. Do not use them as the sole basis for hiring, firing, discipline, pay, promotion, or other decisions with significant effects on a person. A qualified person must review the underlying interaction and have the authority to reach a different decision. As the employer, you are responsible for complying with laws on automated decisions, AI in employment, and discrimination, including any required notices and assessments.
Emotion features are estimates. Emotion mapping and similar features infer emotional cues and may be inaccurate. Do not use them where the law prohibits them, including to infer the emotions of workers where prohibited by Article 5 of the EU AI Act.

9. Acceptable Use

You must not, and must not allow anyone else to:

Use the Services in violation of any law or anyone's rights, or submit data you do not have the right to submit.
Submit personal conversations or interactions that are not part of your business operations.
Copy, modify, reverse engineer, or try to extract the source code, models, prompts, or rubric logic of the Services, except where the law does not allow this restriction.
Resell, sublicense, or provide the Platform to third parties, unless your Order Form allows it. If you are an answering service or outsourcer that handles calls for your own clients, you may use the Platform to evaluate your own work for those clients.
Use the Services to build, train, or benchmark a competing product or AI model.
Scrape or harvest the Services by automated means, except through APIs we provide or as ordinary search engine indexing permits.
Bypass security or access controls, probe for vulnerabilities without our written permission, introduce malicious code, or disrupt the Services.
Share Free QA access in a way designed to avoid its limits, or misstate who you are.

"Unlimited" plan features have no usage-based overage charges, but they are for your own ordinary business operations and are subject to this Section. We may limit activity that threatens the stability or security of the Services.

10. Fees and Payment

Fees. You will pay the fees in your Order Form. Unless your Order Form says otherwise, subscriptions are priced per agent per month, and an agent is billable if their work is scored in the Platform. Manager and reviewer access does not count as a paid seat unless that person's own work is also scored. Seats and add-ons you add during a term are billed from when they are added.

Payment. Unless your Order Form says otherwise, fees are due in advance, and invoices are due within 30 days. You authorize us and our payment processor to charge any payment method you provide. Fees do not include taxes, and you are responsible for any applicable taxes other than taxes on our income. Overdue amounts may accrue interest at 1% per month or the highest rate the law allows, whichever is lower.

Refunds. Fees are non-refundable and payment obligations are non-cancelable, except as stated in Section 11 or as required by law.

Price changes. We may change our prices by giving you at least 30 days' notice. New prices take effect at your next renewal and do not change the price for a term you have already paid for or committed to.

Non-payment. If an undisputed amount is more than 30 days overdue, we may suspend your paid Services after giving you at least 10 days' notice.

11. Term, Renewal, and Termination

Term and renewal. Your subscription runs for the term in your Order Form, or month to month if no term is stated. It renews automatically for a term of the same length unless either party gives written notice of non-renewal. Notice must be given before the renewal date for monthly subscriptions and at least 30 days before the renewal date for longer terms.

Termination for cause. Either party may terminate a paid subscription if the other materially breaches these Terms and does not cure the breach within 30 days of written notice. If you terminate for our uncured breach, or if we materially reduce the core functionality of a paid Service and you terminate within 30 days of that change, we will refund prepaid fees for the remainder of the term. If we terminate for your uncured breach, any unpaid fees for the rest of the term become due.

Suspension. We may suspend access immediately if we reasonably believe that your use violates Section 6, 7, or 9, creates a security or legal risk, or could harm the Services or others. We will try to give you notice and will restore access once the problem is resolved.

Your data after termination. You may export Customer Data from the Platform during your term and for 30 days after it ends, as long as your account is not suspended for a violation of these Terms. After that, we will delete Customer Data within a commercially reasonable period, except for copies held in routine backups until they expire and copies that we must retain by law. A business associate agreement or data processing agreement may set different requirements for the data it covers.

Survival. Sections 5 (Ownership), 10 (for amounts owed), and 11 through 20 survive termination.

12. Confidentiality

Each party may receive non-public business or technical information from the other ("Confidential Information"), which includes Customer Data, non-public product information, and pricing in an Order Form. The recipient will use it only to perform under or exercise rights under these Terms, protect it with reasonable care, and share it only with people and service providers who need it and are bound to protect it. These duties do not apply to information that is public through no fault of the recipient, that the recipient already had or independently developed, or that it lawfully received from someone else. A recipient may disclose information when the law requires it, and will give notice first if the law allows.

13. Our Intellectual Property

We and our licensors own the Services, including our software, models, documentation, Website content, and trademarks. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Services during your term for your internal business purposes. Blog posts, comparisons, and other Website content are for general information, may become out of date, and are not professional advice.

If you give us feedback or suggestions, we may use them without restriction or payment to you. Feedback does not include Customer Data.

14. Third-Party Services

The Services can connect to phone systems, cloud storage, webhooks, and other services that we do not control, and the Website may link to other websites. Your use of these services is governed by their own terms. If you connect or send data to one, you authorize that data transfer, and we are not responsible for how that service operates or handles your data.

15. Disclaimers

TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICES AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR OUTPUTS WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, OR COMPLETE, OR THAT USING THEM WILL MAKE YOU COMPLIANT WITH ANY LAW OR ACHIEVE ANY PARTICULAR RESULT.

16. Limitation of Liability

TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF IT WAS TOLD THESE DAMAGES WERE POSSIBLE.

EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID OR OWE US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT THAT CAUSED THE LIABILITY. IF YOU HAVE NOT PAID OR DO NOT OWE ANY FEES, INCLUDING FOR USE OF THE WEBSITE OR FREE QA, OUR TOTAL LIABILITY WILL NOT EXCEED $100.

These limits do not apply to your payment obligations, your obligations under Section 17, your breach of Section 6, 7, or 9, either party's fraud, gross negligence, or willful misconduct, or any liability that the law does not allow to be limited.

17. Your Indemnity

You will defend and indemnify EmberQA and its officers, employees, and affiliates against third-party claims, and the resulting damages, fines, costs, and reasonable attorneys' fees, arising from: (a) Customer Data, including any claim that it was recorded, intercepted, transcribed, disclosed, or submitted to us without a required notice or consent; (b) your use of Outputs, including in employment decisions; or (c) your breach of Section 6, 7, or 9. We will give you prompt notice of a claim and reasonable cooperation at your expense. You may not settle a claim in a way that imposes liability or an admission on us without our written consent.

18. Governing Law and Disputes

Delaware law governs these Terms, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a claim, each party will try in good faith to resolve the dispute for at least 30 days after giving the other written notice. Any resulting lawsuit must be brought only in the state or federal courts located in New Castle County, Delaware, and each party consents to their jurisdiction. Each party waives any right to a jury trial for disputes under these Terms. Either party may seek injunctive relief in any court with jurisdiction to protect its confidential information or intellectual property.

19. Changes to These Terms

We may update these Terms by posting a new version on this page and changing the "Last updated" date. If a change is material, we will give active paid customers at least 30 days' notice by email or in the Platform. Changes apply going forward and do not affect disputes that arose before them. If you continue to use the Services after a change takes effect, you accept the updated Terms. If you do not accept a material change, you may stop using the Services and, for a paid subscription, give notice of non-renewal. The prior Terms will continue to apply until the end of your current term. A signed agreement with us can be changed only as it provides.

20. General

Entire agreement. These Terms, your Order Forms, and any signed business associate or data processing agreement are the entire agreement between us on this subject and replace any earlier understanding. Terms on your purchase orders or similar documents do not apply.

Notices. We may send you notices by email to your account or contact address, or in the Platform. Send notices to us at hello@emberqa.com.

Assignment. You may not transfer these Terms without our written consent, except to a successor in a merger or sale of substantially all of your assets. We may transfer these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

Events beyond our control. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as outages of internet, telephony, cloud, or AI providers, natural disasters, or government actions. This does not excuse payment obligations.

Export and sanctions. You may not use the Services where prohibited by U.S. export or sanctions laws, and you confirm that you are not subject to those restrictions.

Other terms. If a part of these Terms is unenforceable, the rest stays in effect. A failure to enforce a right is not a waiver of it. The parties are independent contractors, and these Terms do not create any rights for third parties.

21. Contact Us

If you have any questions about these Terms, you can contact us:

By email: hello@emberqa.com
By mail: SuperCall, Inc., 2093 Philadelphia Pike #8899, Claymont, DE 19703

Terms of Service