Welcome to EMBER. These Terms of Service ("Terms") govern your access to and use of the EMBER mobile application (the "App"). By downloading, installing, accessing, or using the App, or by creating an account, you agree to be bound by these Terms. If you do not agree to these Terms, do not download, install, or use the App.
1. Acceptance of Terms and Eligibility
By accessing or using the App, you represent and warrant that:
- (a) you are at least 18 years of age;
- (b) you have the full legal capacity to enter into a binding agreement; and
- (c) you will use the App only in accordance with these Terms and all applicable laws and regulations.
The App is intended solely for users who are 18 years of age or older. Users under the age of 18 are not permitted to access or use the App. By confirming your age or date of birth on the age-verification screen, you confirm that you meet this requirement. We are not responsible for, and we may take additional steps to verify, any misrepresentation of age.
2. The Service
EMBER is a social and community application that allows you to create an account, create and share content, interact with other users, and access certain paid features through subscriptions and in-app purchases. We may update, modify, suspend, or discontinue any aspect of the App at any time, with or without notice, without liability to you. We may offer certain features on a free basis and other features through paid subscriptions or in-app purchases.
3. Accounts
Registration. You may be required to create an account to use certain features. You may register with an email address or sign in using a supported third-party account (such as Google). You agree to provide accurate, current, and complete information and to update that information as necessary.
Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss arising from unauthorized use of your account.
Our Right to Suspend or Terminate. We may suspend or terminate your account or access to the App at any time, with or without notice, for any reason or no reason, including if we believe you have violated these Terms, engaged in fraud or abuse, or if we discontinue the App or any portion of it, to the extent permitted by applicable law.
4. Purchases, Subscriptions, and In-App Purchases
Pricing. Certain features of the App may be offered for a fee. All prices are displayed in the App and are subject to change from time to time. Price changes will apply prospectively and, for subscriptions, to the next renewal period after any required notice.
Billing Through the App Store. All purchases, including subscriptions and in-app purchases, are processed by Google Play (the "App Store"). Your purchase is also subject to the App Store's applicable terms and conditions. We are not responsible for the App Store's billing, processing, or payment systems.
Automatic Renewal. Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You will be charged at the beginning of each renewal period using the payment method you have on file with the App Store.
Cancellation. You must cancel your subscription through your Google Play account settings. Deleting the App or your account does not automatically cancel your subscription. We do not process cancellations directly.
Refunds. Except as required by applicable law or the App Store's refund policy, all purchases are final and non-refundable. Refund requests are governed by the App Store's refund policy, and we are not obligated to issue refunds directly.
Taxes. Prices may be subject to applicable taxes and fees, which are your responsibility unless stated otherwise.
5. User Content
Definition. "User Content" means any text, photos, videos, images, messages, comments, profile information, and other materials you submit, post, upload, share, or transmit through the App, including content from your device's photo library or contacts that you choose to share.
License to Us. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in any media, in connection with operating, providing, improving, and promoting the App.
Your Representations. You represent and warrant that you own or have all necessary rights, licenses, and permissions to the User Content you submit — including any photos, videos, or contact information — and that your User Content does not infringe or violate any third-party rights or applicable law.
Public Nature. User Content that you share publicly may be visible to other users. We are not responsible for how other users or third parties use or share your User Content. Do not post anything you do not wish to be public or that you are not authorized to share.
Content Moderation. We may, but are not obligated to, monitor, review, screen, remove, or disable access to any User Content at any time, in our sole discretion, with or without notice, including content we believe violates these Terms or applicable law. We do not guarantee that all User Content is screened or that objectionable content will be removed.
Prohibited Content. You may not submit User Content that is unlawful, infringing, defamatory, harassing, threatening, obscene, sexually explicit, hateful, violent, deceptive, fraudulent, spam, or that violates the privacy or other rights of any person.
6. Acceptable Use
You agree not to, and not to attempt to:
- use the App for any unlawful purpose or in violation of these Terms;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- post, upload, or transmit any content that is unlawful, infringing, obscene, defamatory, harassing, or otherwise objectionable;
- collect, harvest, or store personal information about other users without their consent;
- interfere with or disrupt the App, its servers, or networks;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent permitted by applicable law;
- circumvent, disable, or interfere with any security-related features of the App;
- distribute viruses, malware, or other harmful code; or
- access or use the App through automated means (such as bots or scrapers) without our prior written consent.
7. Third-Party Services
The App may include features, integrations, or links to third-party services, including third-party sign-in (such as Google). Your use of any third-party service is subject to that third party's own terms and privacy policies. We are not responsible for the content, functionality, or practices of any third-party service.
8. Intellectual Property
The App, and all content and materials provided by us (excluding User Content), including software, design, text, graphics, logos, trademarks, and features, are owned by us or our licensors and are protected by applicable intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on a device you own or control, solely for your personal, non-commercial use. No other rights or licenses are granted, and we reserve all rights not expressly granted.
9. Termination
You may stop using the App at any time. You may delete your account by contacting us at the email address in Section 16 (or through in-app account settings, if available). We may suspend or terminate your access to the App as described in Section 3. Upon termination, your right to use the App ends immediately. The provisions of these Terms that by their nature should survive termination (including, without limitation, Sections 5, 8, 10, 11, 12, 13, and 14) will survive.
10. Disclaimer of Warranties
THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR ANY THIRD-PARTY CONTENT OR SERVICES. YOUR USE OF THE APP IS AT YOUR SOLE RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN CONNECTION WITH THE APP DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the App; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights or applicable law. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
13. Governing Law
These Terms and any dispute arising out of or relating to these Terms or the App shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions, and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
14. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Informal Resolution. Before initiating any formal proceeding, you agree to contact us at the email address in Section 16 and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the App that is not resolved through informal resolution shall be resolved by binding, individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the arbitration is filed. The arbitration shall be conducted by a single arbitrator. The seat and place of arbitration shall be Wilmington, Delaware. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement, except as set forth below.
Individual Basis; Class Action Waiver. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding. If any portion of this class action waiver is found to be unenforceable as to a particular claim, then that claim must proceed in court and the remainder of this arbitration agreement shall remain in full force and effect.
Exceptions. Notwithstanding the foregoing: (a) either party may bring a qualifying claim in small claims court; (b) either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent infringement, misappropriation, or other violation of intellectual property or confidential information; and (c) nothing in this Section prevents you from bringing any matter to the attention of any applicable government agency.
Opt-Out. You may opt out of this arbitration provision by sending written notice to the email address in Section 16 within thirty (30) days of first accepting these Terms, stating that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
Jury Trial Waiver. To the extent any dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
15. Changes to These Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms within the App or through other reasonable means. The updated Terms will indicate the date they were last revised. Your continued use of the App after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and may delete your account as described in Section 9.
16. Contact Us
All questions, notices, requests, or other communications regarding these Terms — including requests to delete your account — should be directed to: