1. Introduction
These Terms of Service ("Terms") govern your access to and use of the Ember Client software and any related services (collectively, "the Service") provided by Clyent Softwares Ltd. By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these Terms, you must not use the Service.
2. Disclaimer of Association
Ember Client is an independent software product. It is not associated with, endorsed by, approved by, or affiliated in any way with Mojang AB, Microsoft Corporation, Minecraft, or any other related entities. "Minecraft" is a registered trademark of Mojang AB. Any use of the term "Minecraft" is for descriptive and compatibility purposes only and does not imply endorsement or affiliation.
3. Eligibility and Age Requirements
3.1 Minimum Age
You must be at least 13 years old to use the Service.
3.2 Users Under 18
If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Service under the supervision and with the permission of a parent or legal guardian who agrees to be bound by these Terms.
3.3 Parental Responsibility
Parents and guardians are responsible for the actions of minors using the Service under their supervision and for ensuring compliance with these Terms.
4. Account Creation and Security
- You need to use existing accounts (e.g., Microsoft/Minecraft account) to utilize certain functionalities of the Service.
- You are responsible for:
- Maintaining the security of any accounts used in conjunction with the Service
- Providing accurate and complete information where required
- Safeguarding any access credentials related to the Service
- All activities associated with your use of the Service
- You must notify us immediately of any unauthorized use or security breach related to the Service or your associated accounts.
5. Acceptable Use and Content Standards
You agree to use the Service only for lawful purposes and in a manner consistent with these Terms and the Minecraft End User License Agreement (EULA).
5.1 Prohibited Activities
You MUST NOT use the Service to:
- Violate Laws: Engage in any activity that violates any applicable local, national, or international law or regulation.
- Create, Upload, Share, or Promote Illegal Content: Including, but not limited to:
- Content related to terrorism
- Child sexual exploitation and abuse material (CSEA/CSAM)
- Content that incites violence or hatred against protected groups
- Content promoting suicide, self-harm, or eating disorders
- Harassment, stalking, or threats
- Intimate image abuse (non-consensual sharing of private images)
- Content facilitating illegal immigration, human trafficking, or the sale of illegal weapons or drugs
- Fraudulent content or scams
- Create, Upload, Share, or Promote Content Harmful to Children: Including content legally defined as inappropriate for minors (e.g., pornography, graphic violence, content promoting harmful behaviors).
- Harm or Exploit Minors: Engage in any activity that harms, exploits, or endangers minors.
- Transmit Harmful Code: Send or upload any viruses, malware, spyware, adware, or other harmful code.
- Interfere with the Service: Disrupt, overburden, or impair the functioning of the Service or related systems.
- Unauthorized Access: Attempt to gain unauthorized access to the Service, other user accounts, or connected systems.
- Impersonate Others: Impersonate Clyent Softwares Ltd, its employees, other users, or any other person or entity.
- Violate Rights: Infringe upon the intellectual property, privacy, or other rights of third parties.
6. Content Moderation and Enforcement
6.1 Our Rights
We reserve the right (but not the obligation, except where required by law) to monitor, review, screen, remove, modify, or disable access to any content or user activity that violates these Terms or applicable law, or is otherwise objectionable, without prior notice.
6.2 Safety Measures
We employ systems and processes designed to prevent and address illegal content and activity, proportionate to the risks. This may include automated tools and/or human review.
6.3 Enforcement Actions
Violations of these Terms, particularly regarding illegal content or content harmful to children, may result in:
- Warnings
- Content removal
- Temporary suspension
- Permanent termination of your access to the Service
All enforcement actions are at our sole discretion.
6.4 Reporting to Authorities
We may report illegal activities or content, especially involving CSEA or terrorism, to law enforcement authorities and cooperate with their investigations.
7. Reporting Concerns and Complaints
7.1 Reporting Illegal or Harmful Content/Conduct
If you encounter content or behavior on or facilitated by the Service that you believe violates these Terms, is illegal, or is harmful (especially to children), please report it immediately by sending an email to [email protected]. Please provide as much detail as possible to help us investigate.
7.2 Complaints Procedure
If you have a complaint about the Service, our moderation decisions, or how we have handled a report, please contact us at [email protected]. We will review your complaint in accordance with our internal procedures and applicable legal requirements.
8. Intellectual Property
The Service, including its software, code, visual design, features, and original content (excluding third-party elements like Minecraft assets), is the exclusive property of Clyent Softwares Ltd and its licensors. It is protected by copyright, trademark, and other intellectual property laws.
You agree not to:
- Copy, modify, distribute, sell, lease, or create derivative works based on the Service.
- Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
9. User-Generated Content
- The Service allows you to create or share content ("User-Generated Content" or "UGC").
- You retain ownership of any intellectual property rights you hold in your UGC.
- By submitting UGC, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and display such UGC solely for the purposes of operating, providing, and improving the Service, including implementing safety measures.
- You are solely responsible for your UGC and ensuring it complies with Section 5 (Acceptable Use and Content Standards).
- You represent and warrant that you have all necessary rights to grant us this license and that your UGC does not violate any third-party rights or applicable laws.
10. Subscriptions and Payments
- The Service may offer paid features, subscriptions, or virtual items.
- You agree to pay all applicable fees as described at the time of purchase.
- You authorize us to charge your chosen payment method.
- Payments are generally non-refundable, except as required by law or specified in a separate refund policy.
- We reserve the right to change fees with reasonable notice.
11. Third-Party Links and Services
The Service may interact with or contain links to third-party websites, servers, or services (e.g., game servers) not owned or controlled by us. We are not responsible for the content, privacy policies, practices, or availability of these third parties. Your interactions with them are governed by their respective terms and policies.
12. Termination
12.1 By Us
We may suspend or terminate your access to the Service immediately, without prior notice or liability, if you breach these Terms, particularly the Acceptable Use and Content Standards. We may also suspend or terminate access for any other reason subject to applicable law.
12.2 By You
You may stop using the Service at any time by uninstalling the software.
12.3 Effect of Termination
Upon termination, your right to use the Service ceases. Provisions intended to survive termination (e.g., Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law) shall remain in effect.
13. Limitation of Liability
To the maximum extent permitted by applicable law, Clyent Softwares Ltd, its directors, employees, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of, or inability to use, the Service.
Nothing in these Terms shall limit or exclude our liability for:
- Death or personal injury caused by our negligence.
- Fraud or fraudulent misrepresentation.
- Any other liability that cannot be excluded or limited under English law.
Our total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the amount you paid us (if any) in the 12 months preceding the claim, or £100, whichever is greater.
14. Disclaimer of Warranties
The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or compatible with all systems or underlying game versions.
Nothing in these Terms affects any statutory rights you may have as a consumer under English law that cannot be contractually waived.
15. Indemnification
You agree to defend, indemnify, and hold harmless Clyent Softwares Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:
- Your access to or use of the Service
- Your violation of these Terms
- Your violation of any third-party right (including intellectual property or privacy rights)
- Any User-Generated Content you submit
16. Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material (as determined by us in our sole discretion), we will provide reasonable notice prior to the new terms taking effect, such as by posting a notification within the Service or sending an email if we have your contact information. Your continued use of the Service after the changes become effective constitutes your acceptance of the revised Terms.
18. Miscellaneous
18.1 Entire Agreement
These Terms (along with the Privacy Policy) constitute the entire agreement between you and Clyent Softwares Ltd regarding the Service.
18.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
18.3 Waiver
Our failure to enforce any right or provision will not be considered a waiver of those rights.
18.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms freely.
19. Contact Us
If you have any questions about these Terms or need to file a complaint, please contact us:
Clyent Softwares Ltd
128 City Road
London, United Kingdom
EC1V 2NX
Email: [email protected]