Terms of Service

EMRALD by Effort Mastery LLC · Draft — effective date to be set at launch

1. Agreement to Terms

By creating an account, accessing, or using EMRALD — including the API, Obsidian plugin, web dashboard, or any related services (collectively, the "Service") — you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2. Description of Service

EMRALD is an effort management platform that tracks work sessions, measures effort patterns, and provides insights through diagnostic metrics and AI-generated analysis. The Service consists of:

• EMRALD API — the backend service that stores and processes your data
• EMRALD Obsidian Plugin — a free, open-source client that connects to the API
• EMRALD Web Dashboard — a web interface for account management and data viewing
• Future clients — additional interfaces that may connect to the API

3. Accounts

3.1 Registration

You must create an account to use the Service. You must provide accurate information and keep it current.

3.2 Security

You are responsible for maintaining the security of your account credentials and API keys. You are responsible for all activity that occurs under your account.

3.3 Age

You must be at least 16 years old to use the Service. If you are under 18, you represent that you have your parent or guardian's consent.

3.4 One Person, One Account

Each account is for a single individual. You may generate multiple API keys for use across devices, but sharing account access with others is not permitted.

4. Free and Paid Tiers

4.1 Free Tier

The Service offers a free tier with limited features as described on our website. The free tier may be modified or discontinued at any time with reasonable notice.

4.2 Pro Tier

The Pro tier provides additional features for a recurring subscription fee. Current pricing is published on our website and billing page.

4.3 Billing

Pro subscriptions are billed monthly or annually through our payment processor (Stripe). By subscribing, you authorize recurring charges to your payment method.

4.4 Cancellation

You may cancel your Pro subscription at any time through the billing portal. Upon cancellation:

• Your subscription remains active through the end of the current billing period
• Your account reverts to the free tier
• Your data is retained but features beyond the free tier become inaccessible
• A 30-day grace period applies during which you may resubscribe and regain full access

4.5 Refunds

• Monthly plans — first 30 days: If you subscribed to Pro for the first time and are not satisfied, you may request a full refund within 30 days of your initial subscription. One first-month refund per account.
• Monthly plans — after first 30 days: No refunds for partial billing periods. Cancel anytime and retain access through the end of your current period.
• Annual plans — first 60 days: You may request a pro-rated refund for unused whole months remaining on your annual plan within 60 days of purchase. After 60 days, no refunds, but you retain access through the end of your annual term.
• Billing errors: If you believe you were charged in error, contact us within 30 days and we will investigate promptly.
• Abuse: We reserve the right to deny refund requests that appear to be part of a pattern of abuse.

4.6 Price Changes

We may change subscription pricing with at least 30 days' notice. Existing subscribers will be grandfathered at their current rate for the duration of their active subscription term. Price changes take effect at the next renewal after the notice period.

5. Your Data

5.1 Ownership

You own your data. Session logs, project information, energy check-ins, and all other content you submit to the Service remain your property.

5.2 License to Us

By using the Service, you grant Effort Mastery LLC a limited license to store, process, and analyze your data solely for the purpose of providing the Service to you. We do not sell your data or use it for purposes unrelated to the Service.

5.3 Data Retention

• Free tier: Session and metric data older than 90 days is stored but hidden from view. Upgrading to Pro restores access to your full history.
• Pro tier: No data retention limits while your subscription is active.
• Account deletion: Upon account deletion, your data enters a 30-day soft-delete period, after which it is permanently and irreversibly removed.

5.4 Data Export

You may request an export of your data at any time by contacting us. We will provide your data in a standard machine-readable format within a reasonable timeframe.

5.5 Burnout Warnings

Burnout-related warnings and alerts are never paywalled, regardless of tier. This is a safety feature, not a premium feature.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to the Service or its systems
• Reverse-engineer, decompile, or disassemble the API or backend systems
• Use automated tools to scrape, crawl, or extract data beyond normal API usage
• Exceed published API rate limits or attempt to circumvent them
• Resell, sublicense, or redistribute access to the Service
• Impersonate another person or misrepresent your affiliation
• Interfere with or disrupt the Service or its infrastructure

7. Intellectual Property

The Service, including its design, code, algorithms, metrics, and branding, is owned by Effort Mastery LLC. The EMRALD Obsidian Plugin is released under the MIT License — its source code may be freely used, modified, and distributed under those terms. The API, backend systems, and proprietary algorithms are not open source.

8. Disclaimers

8.1 Not Medical or Psychological Advice. EMRALD provides productivity and effort management insights and burnout risk indicators based on self-reported data and statistical patterns. It is not a medical device, diagnostic tool, or substitute for professional medical, psychological, or therapeutic advice. If you are experiencing burnout, mental health difficulties, or health concerns, please consult a qualified professional.

8.2 As-Is. The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

8.3 Accuracy. While we strive for accuracy in our metrics and insights, they are based on self-reported data and statistical models. We do not guarantee the accuracy, completeness, or reliability of any insight, metric, or recommendation.

9. Limitation of Liability

To the maximum extent permitted by law, Effort Mastery LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Service.

10. Indemnification

You agree to indemnify and hold harmless Effort Mastery LLC from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

11. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

12. Termination

12.1 By You

You may close your account at any time through the web dashboard or by contacting us.

12.2 By Us

We may suspend or terminate your account if you violate these Terms, with notice where practicable. In cases of severe or repeated violations, we may terminate without notice.

12.3 Effect of Termination

Upon termination, your right to use the Service ceases. Data deletion timelines in Section 5.3 apply.

13. Governing Law and Disputes

13.1 Governing Law. These Terms are governed by the laws of the State of Indiana, without regard to conflict of law principles.

13.2 Dispute Resolution. Any disputes arising from these Terms or the Service shall first be addressed through good-faith negotiation. If unresolved after 30 days, disputes shall be resolved through binding arbitration in the State of Indiana, except that either party may seek injunctive relief in court for intellectual property violations.

13.3 Class Action Waiver. You agree to resolve disputes individually and waive any right to participate in a class action lawsuit or class-wide arbitration.

14. General

14.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Effort Mastery LLC regarding the Service.

14.2 Severability. If any provision is found unenforceable, the remaining provisions continue in full effect.

14.3 No Waiver. Our failure to enforce any provision does not waive our right to enforce it later.

14.4 Assignment. You may not assign your rights under these Terms. We may assign ours in connection with a merger, acquisition, or sale of assets.

15. Contact

Effort Mastery LLC
Email: legal@effortmastery.com
Website: effortmastery.com