WCAG 2.2 AA Terms of Service & Privacy Policy

Terms of Service last updated: Sept. 22, 2025

Part A — Terms of Service

1) Who we are

Ember & Sage Media (“ESM,” “we,” “us”) is a brand, content, and web design studio based in Tyler, Texas. Hence our mission is to assist mission-led small organizations, clinics, educators, and founder-led businesses grow with WCAG-AA–first strategy and plain-language design. Indeed, our process is neurodivergent-friendly and trauma-aware; low pressure, consent-based, and built for legibility.

Our services include strategy and positioning; accessibility and UX audits; brand identity systems; small websites and landing pages; content and microcopy; training for groups and individuals; care and improvement; and vendor coordination. Therefore, our work is delivered in clear scopes and short, scheduled blocks; because no rush timelines, no overwhelm, no pressure or hustle is at the core of who we are.

2) Acceptance of these terms of service

By visiting our website, contacting us, booking a call, signing a proposal, or paying an invoice, you agree to these Terms of Service. Therefore, if you don’t agree, please don’t use the site or services. In the event of a concern, please contact us at contact@embernsage.com.

3) Changes to these terms of service

In light of future improvements, we may update these Terms at any time. When we do, we’ll change the “Last updated” date above. Additionally, all material changes will apply to these terms of service going forward. As a result, our clients will receive notice via email of any major changes to these terms of services including expected effective dates.

4) Terms of services, proposals & scope

• Work begins only after a written proposal/SOW is accepted and initial payment is received.

• Each SOW defines scope, deliverables, timeline, responsibilities, and fees.

• Anything not in the SOW is out of scope and may require a change order and additional fees.

5) Communication & access needs

We aim to communicate in a calm, accessible way and will do our best to follow any access needs you share. As a result, we can’t guarantee every format or platform, but we’ll communicate clearly about options. Thus, we will make reasonable efforts to accommodate a wide variety of accessibility needs within our abilities. Contact us at contact@embernsage.com.

6) Content, licenses & IP

• ESM IP. We retain rights to our pre-existing methods, frameworks, and libraries.

• Client deliverables. After full payment, you receive a non-exclusive license (or the ownership expressly stated in your SOW) to use project deliverables for your business.

• Third-party assets. Fonts, stock, plugins, or frameworks remain under their original licenses.

• Portfolio use. We may display non-confidential work in our portfolio unless your SOW says otherwise.

7) Client responsibilities

In summary, the client will provide timely access, content, approvals, and feedback. Ultimately, delays in communication may shift timelines and could result in rescheduling fees as outlined in your SOW. Accordingly, we will notify you before these fees are applied.

8) Accessibility standard

We design with WCAG 2.2 AA as our baseline standard since accessibility is, without a doubt, non-negotiable. Because content, platforms, and environments vary, we do not warrant legal compliance or guarantee specific outcomes. Consequently, we commit to transparent methods and practical, prioritized recommendations. Most importantly, please let us know if you notice an accessibility need we have not addressed. Indeed, we will see to including the necessary upgrades in our next maintenance window. Despite our expectations, we are prone to human mistakes too.

9) Payments, scheduling & refunds

• Invoices are due as stated in your SOW. Late payments may pause work.

• Deposits/retainers are typically non-refundable once scheduling is reserved.

• Cancellations/rescheduling are handled per your SOW.

10) Tools & platforms

We may recommend or configure third-party tools (e.g., WordPress/Divi, forms, analytics). Indeed, you are responsible for your accounts, subscriptions, and terms with those providers. Secondly, Ember & Sage Media will not assume access or control of your personal or business accounts at any time. Finally, we will provide how-to guides, customer service numbers, and additional resources for DIY completion.

11) Website use; acceptable use

In short, don’t misuse our site (e.g., security probing, scraping, or unlawful activity). As a result of misuse, your access may be suspended to protect security and availability. For instance, your IP address may become blacklisted for unauthorized use of our website.

12) Third-party links

Links on our site may point to third-party websites we don’t control. Nonetheless, you are subject to the respective owner’s own Terms of Service & Privacy Policies. To clarify, we’re not responsible for their content or practices, despite including a link to their website(s).

13) Disclaimers

Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim implied warranties (merchantability, fitness, non-infringement, accuracy, or quiet enjoyment). In short, warranties of physical merchandise remains with their respective vendors and will be navigated or negotiated according to their policies.

14) Limitation of liability

To the fullest extent permitted by law, Ember & Sage Media will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages. In summary, our total liability related to the site or a project is limited to the amounts you paid us for the services giving rise to the claim.

15) Indemnification

You agree to indemnify and hold Ember & Sage Media harmless from claims arising from your content, your misuse of the site, or your breach of these Terms of Service.

16) Governing law & venue

These Terms of Service are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Furthermore, venue lies in the state or federal courts located in Smith County, Texas.

17) Contact

Ember & Sage Media
PO Box 6264, Tyler, TX 75701
(704) 928-8463 • contact@embernsage.com

Part B — Privacy Policy

1) Summary

We collect only what we need to respond to you, run our business, improve accessibility/usability, and comply with the law. So, we won’t sell personal information because your safety is our priority.

2) Information we collect

You provide:

• Contact details (name, email, organization).

• Messages sent through forms or email—including any access needs you choose to share.

• Project details if you become a client (kept in our internal systems).

We collect automatically:

• Basic device and site usage data (e.g., pages visited, referrers) via cookies or similar tech, often in aggregated form.

• Error logs and security/audit logs from our hosting provider to keep the site reliable.

From third parties (if used):

• Minimal analytics and form tools that process submissions on our behalf.

• Payment processors if invoices are paid online (we do not store full payment card numbers).

3) How we use information

• Respond to inquiries and provide services.

• Schedule calls, send proposals, invoices, and project updates.

• Maintain security, prevent fraud/abuse, debug and improve the site.

• Comply with legal and tax obligations.

• With your permission, occasionally send service-related updates (you can opt out anytime).

4) Legal bases (where applicable, e.g., EU/UK)

• Consent (form submissions, optional cookies).

• Contract (to deliver services you request).

• Legitimate interests (site security, minimal analytics, improving services).

• Legal obligation (records, tax, compliance).

5) Retention

We keep personal data only as long as needed for the purposes above, your project/SOW, or as required by law (e.g., tax records). Additionally, form messages not leading to a project are typically reviewed and deleted on a rolling basis.

6) Sharing

We share data only with trusted service providers that process information on our behalf under contracts, such as:

• Website hosting and security providers.

• Form and email service providers.

• Cloud storage and project tools.

• Accounting/invoicing systems.

As noted earlier, we may also share information if required by law or to protect rights, safety, and security.

7) International transfers

If data is processed outside your country, we rely on appropriate safeguards (e.g., standard contractual clauses with processors) where applicable.

8) Cookies & similar tech

We use necessary cookies for basic site functions and security. We may use minimal, privacy-respecting analytics. However, you can set your browser to limit or block cookies; the site should remain usable.

9) Your choices & rights

Subject to your location’s laws, you may have rights to access, correct, delete, or restrict processing of your personal information, or object to certain uses. To exercise rights or ask questions, email contact@embernsage.com. We’ll respond within a reasonable timeframe.

10) Children’s privacy

Most importantly, our site and services are not directed to children under 13, and we don’t knowingly collect information from them. Additionally, we will not use or condone the use of imagery with children without a verifiable model release form signed by the child(ren)’s legal guardian on file.

11) Security

To summarize, we take reasonable administrative, technical, and physical measures to protect personal information. No method is 100% secure; please share only what’s necessary.

12) Do Not Track / Global Privacy Control

Nonetheless, we honor applicable browser privacy signals where feasible and avoid unnecessary tracking by default.

13) Accessibility & alternate formats

Need this policy or our communications in another format? Email contact@embernsage.com. We’ll do our best to accommodate requests.

14) Changes to this policy

To repeat, we may update this Privacy Policy. Material changes will be reflected by the “Last updated” date above and apply going forward.

15) Contact for privacy matters

All privacy communications should be sent to contact@embernsage.com or mailed to PO Box 6264, Tyler, TX 75701.