1. Who you are agreeing with
Amber is a service operated by Qualia LP, a limited partnership formed in Ontario, Canada. In this document, "we" and "us" mean Qualia LP, and "Amber" means the service itself. "You" means the person accepting these terms, and if you are accepting on behalf of a company, it means that company as well.
You can reach us at hello@heyamber.cloud. Our postal address is 2967 Dundas Street West, Suite 207d, Toronto, Ontario M6P 1Z2, Canada.
By creating an account, or by using Amber, you accept these terms and the Privacy Policy. If you do not accept them, do not use Amber.
2. Your account
You must be at least 18 years old and able to enter a contract. Amber is built for business use, not for children, and we do not knowingly open accounts for anyone under 18.
Keep your sign-in details to yourself. Anything done through your account is treated as done by you. Tell us promptly if you think someone else has got in.
The information you give us has to be accurate. If you sign up for a company, you are confirming you are allowed to bind it.
3. What Amber does, and what she is
Amber is an AI operator. She works on a schedule, keeps memory of your business, holds her own channels, and starts work without being asked each time. That is the point of her, and it is also the thing to understand clearly before you rely on her.
Amber is software driven by AI models. She can be wrong. She can misread a situation, write something inaccurate, draw a wrong conclusion from your data, or produce work that is simply not good. She is a capable assistant and she is not a professional adviser. Nothing she produces is legal, financial, tax, medical, or other professional advice. Where the stakes are real, have a qualified human check the work before you act on it.
You decide how much rope she gets. Amber has approval gates, and you control them. If you widen her autonomy so she can act without asking, that is your decision and you are responsible for what she then does in your name. We are not going to pretend otherwise: an operator that acts on its own can act wrongly on its own.
4. Your content stays yours
Everything you put into Amber remains yours. Your documents, your messages, your files, your customer data, your brand. We claim no ownership of it.
You give us permission to host, copy, transmit, and process that content strictly so we can run the service for you. That includes sending it to the providers listed in our Privacy Policy, since Amber cannot think without passing your content to an AI model. This permission exists only to operate Amber, it is not a licence to do anything else with your work, and it ends when you delete the content or close your account.
We do not use your content to train AI models. Our providers handle your content under their own agreements with us, and you should read our Privacy Policy for who they are.
You are responsible for what you put in. You confirm you have the right to give it to us, and that us processing it will not break the law or somebody else's rights.
5. What Amber makes for you
As between you and us, the work Amber produces for you is yours. Use it, change it, publish it, sell it.
Two honest caveats. First, AI output is not unique: a model given a similar prompt by somebody else can produce something very similar, and we cannot promise otherwise. Second, the law on whether AI output can be owned at all is unsettled in Canada and elsewhere, so we cannot promise you a copyright in it that the law may not grant. What we can say is that we are not going to claim it.
Check the work before it goes out under your name. It is your name on it.
6. How you may not use Amber
Do not use Amber to break the law, or to help anyone else do it. Beyond that, do not use her to:
- send unsolicited bulk messages, or any message that breaks anti-spam law;
- impersonate a real person or organisation, or pass her work off as coming from someone it did not;
- produce material that harasses, defames, or sexualises anyone, or that sexualises children in any way;
- build deceptive pages, fake reviews, fake records, or anything designed to defraud;
- infringe copyright, trade marks, or trade secrets;
- handle payment card numbers, health records, or government identity numbers through her, since Amber is not built to hold that kind of data;
- attack, overload, or reverse engineer the service, or work around its limits and gates;
- resell Amber or use her to build a competing AI operator.
You are as responsible for what Amber does at your direction as for what you do yourself. Telling her to do a thing is doing the thing.
7. Messages Amber sends for you
Amber can send email and messages on your behalf, from her own addresses. This deserves its own paragraph because it is where our users are most likely to get into trouble.
Canadian anti-spam law, and its equivalents elsewhere, generally require that you have consent before sending a commercial message, that the sender is identified, and that there is a working way to unsubscribe. Those duties are yours. You confirm that everyone Amber messages for you has consented to hear from you, and that your lists are lawfully gathered. We may throttle or stop sending if we see signs of abuse, and we may pass on complaints we receive about your sending.
8. Accounts you connect
You can connect Amber to other services, such as your store, your ad accounts, or your social profiles. When you do, you are letting her act inside them within the permissions you grant.
Those services have their own terms, and they can change them, break, rate limit you, or close your account there, and none of that is in our control. We are not responsible for what a connected service does or stops doing. You can disconnect at any time.
9. Sites and pages Amber publishes
Amber can publish sites for you on a subdomain of ours. You are the publisher of anything that appears there, and the rules in section 6 apply fully to it.
Amber can also place an analytics pixel on your site. If you use it, you are the one collecting data from your visitors, and it is your job to have whatever notice and consent your visitors are owed under the law that applies to them. Amber gives you a consent setting for this and it is off unless you turn it on. We handle that visitor data on your instructions and for no purpose of our own.
We may take down a published site without notice if it breaks these terms or puts our infrastructure at risk.
10. Plans, credits, and payment
Amber is sold on a subscription, and work she does consumes credits. Prices and what each plan includes are on the pricing page. Payments are handled by Stripe. We never see or store your full card number.
Subscriptions renew automatically for the same period until you cancel. You can cancel at any time, and the cancellation takes effect at the end of the period you have already paid for. Fees already paid are not refunded, and unused credits are not refunded or paid out in cash, except where the law says otherwise or where we choose to make an exception.
Credits are a way of metering the service, not money and not property. They have no cash value.
We can change prices. If we do, we will tell you at least 30 days before it affects a renewal, and you can cancel before then if you do not want the new price.
Prices exclude taxes unless we say otherwise, and you are responsible for any tax due on your purchase other than tax on our income. If a payment fails, we may pause the service until it clears. If you charge back a payment rather than talking to us, we may close the account.
11. Availability
We want Amber running around the clock, and that is what she is for. We do not promise she always will be. There is no uptime guarantee in these terms. We may take her down for maintenance, and parts of her depend on other companies whose outages we cannot prevent.
We may change, add, or remove features. If we remove something you depend on in a way that really matters, we will try to give you reasonable notice.
12. Ending things
You can close your account whenever you like, from your account settings. What we delete and what we keep is set out in the Privacy Policy, and it is worth reading before you assume that closing an account erases everything.
We can suspend or close your account if you break these terms, if you do not pay, or if keeping you online exposes us or others to real legal or security risk. Except where the breach is serious or we are legally required to act at once, we will give you notice and a chance to fix it.
We can also stop offering Amber altogether. If we do, we will give you reasonable notice and a way to get your content out.
13. What we do not promise
Amber is provided as she is. To the fullest extent the law allows, we disclaim every implied warranty, including merchantability, fitness for a particular purpose, and non-infringement.
In particular, we do not warrant that Amber will be uninterrupted or error free, that her output will be accurate, suitable, original, or fit for the use you have in mind, or that she will produce any particular business result. Growth is not a promise we are in a position to make.
Some places do not allow these exclusions. Where that is so, they do not apply to you, and nothing here removes a right you have under consumer protection law that cannot be waived.
14. Limit of our liability
To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, or exemplary damages, nor for lost profits, lost revenue, lost goodwill, or lost or corrupted data, even if we knew such damage was possible.
Our total liability arising out of or relating to Amber, across all claims put together, is limited to the greater of the amount you paid us in the twelve months before the event that gave rise to the claim, or one hundred Canadian dollars.
Nothing here limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.
These limits are a real part of the bargain. Amber is priced on the basis that this is how the risk sits between us.
15. Covering us
You agree to defend and cover us against claims, losses, and reasonable legal costs brought by someone else and arising out of your content, your use of Amber, the messages you send through her, the sites you publish with her, or your breach of these terms. We will tell you promptly about any such claim and let you run the defence, so long as any settlement does not put obligations on us without our agreement.
16. Changes to these terms
We may update these terms. When we make a material change, we will raise the version, publish the new text here, and tell you before it takes effect. Carrying on with Amber after that means you accept the new version. If you do not, close your account.
We record which version you accepted, and when. This is the current one.
17. The rest
These terms, together with the Privacy Policy, are the whole agreement between us about Amber, and they replace anything said earlier. If a court finds one part unenforceable, the rest still stands. If we do not enforce something straight away, we have not given up the right to enforce it later.
You may not transfer this agreement without our written consent. We may transfer it to a company that acquires our business, on notice to you.
These terms are governed by the law of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict of laws rules, and disputes go to the courts of the Province of Ontario. If you are a consumer, this does not take away your right to bring a claim where you live, or to the protection of the law there.
Before filing anything, please write to us at hello@heyamber.cloud. Most things are fixable by email.