Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Remember Studios, Inc. ("Ember," "we," "us," or "our"). They govern your access to and use of Ember on the web, in the iOS app, and through related services (collectively, the "Service").

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1) Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you represent that a parent or guardian has reviewed and agreed to these Terms on your behalf.

2) Accounts and Security

You are responsible for your account and for keeping your credentials secure. You agree to provide accurate information, keep your account current, and promptly notify us of unauthorized access.

If you enable biometric or device authentication for the app lock, that feature is handled by your device operating system. You remain responsible for controlling access to your device.

3) Privacy

Our Privacy Policy explains how we collect and use personal information. By using the Service, you acknowledge our Privacy Policy.

4) Content, Recordings, and Permissions

"User Content" means anything you record, upload, or create through the Service, including audio recordings, transcripts, photos, documents, images, videos, music, and other materials. "Outputs" means content generated or produced through the Service, including transcripts, conversation summaries, story drafts, images, videos, music, and similar results.

As between you and Ember, you own your User Content. To the extent permitted by law, you also own Outputs generated for you.

You represent that you have all rights, licenses, consents, and permissions needed to record, upload, submit, process, and share User Content through the Service. This includes permissions from anyone whose voice, image, likeness, personal information, or confidential information appears in your content.

Recording, consent, privacy, and publicity laws vary by location. You are responsible for following the laws that apply to you and your content.

5) License You Grant Ember

You grant Ember a limited, worldwide, non-exclusive, royalty-free, sublicensable license to host, store, back up, reproduce, process, transcribe, analyze, generate, display, transmit, and otherwise use User Content only as needed to:

provide, maintain, secure, and improve the Service,
generate Outputs and features you request,
support sharing, Circles, invitations, reports, blocking, and moderation,
troubleshoot, prevent abuse, and enforce these Terms, and
comply with legal obligations.

This license continues until you delete the applicable content or account, subject to shared copies, backups, logs, legal obligations, and retention described in our Privacy Policy.

6) AI, Transcription, and Accuracy

Ember uses automated systems and AI to provide features such as transcription, conversation summarization, topic generation, story drafting, image generation, video generation, music generation, editing, search, and moderation support. Outputs may be inaccurate, incomplete, offensive, or not unique. You should review Outputs before relying on them or sharing them.

Ember does not provide medical, legal, financial, therapy, or emergency services. Do not rely on the Service as professional advice or crisis support.

7) Sharing, Circles, Invites, and Community Guidelines

The Service may let you invite people, join Circles, share memories, publish links, report content, block members, and filter shared or generated content.

Sharing is your choice and responsibility. People you share with may be able to retain copies. You agree not to share content that violates law, violates rights, or violates our Community Guidelines.

Our Community Guidelines are part of these Terms. We may remove content, restrict sharing, suspend accounts, terminate accounts, or take other action when we believe content or conduct violates these Terms, the Community Guidelines, law, or safety requirements.

8) Acceptable Use

You agree not to:

violate law or infringe intellectual property, privacy, publicity, confidentiality, or other rights,
record, upload, or share content without required rights or consent,
harass, threaten, abuse, exploit, defame, impersonate, or invade others' privacy,
upload or share sexual content involving minors, exploitative content, non-consensual intimate content, or content that promotes self-harm or violence,
use the Service for hate, extremist, deceptive, fraudulent, spam, or illegal activity,
attempt to gain unauthorized access to the Service or related systems,
introduce malware or disrupt the Service,
scrape, harvest, or systematically extract data except as permitted by us in writing,
reverse engineer the Service or underlying models except where prohibited by law, or
use the Service to build or improve competing products through automated harvesting or systematic extraction.

9) SMS, Email, and Push Communications

If you provide a phone number or email address, you represent that you have permission to provide it for the relevant purpose. We may send transactional messages such as verification codes, invitations, security alerts, account notices, and support messages. Message and data rates may apply.

If we offer marketing messages, we will send them only where permitted and with any required consent. You can opt out of non-essential messages by following the instructions in the message or by logging into our application and updating your notification preferences.

If you enable push notifications, we may send notifications about account activity, reminders, product updates, and other Service-related information. You can disable push notifications in device settings.

10) Purchases, Subscriptions, and Billing

Paid features may be sold through the web or through the iOS app.

For web purchases, payments may be processed by Stripe or another payment provider. We disclose price, billing cadence, renewal, cancellation, and refund terms at purchase.

For iOS purchases, payment is charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. Your account may be charged for renewal within 24 hours before the end of the current period. You can manage and cancel subscriptions in your App Store account settings. Apple may handle refunds and billing support under its own policies.

If Apple terms apply to your download or purchase, those terms apply in addition to these Terms. Apple is not responsible for the Service, support, claims, investigations, intellectual property claims, or product warranties except as required by applicable law.

11) Third-Party Services

The Service may rely on third-party services for hosting, storage, AI processing, transcription, image generation, video generation, music generation, payments, notifications, communications, analytics, crash reporting, support, and security. We are not responsible for third-party services, and their outages or changes may affect the Service.

12) Intellectual Property

The Service, including software, design, logos, branding, and other Ember materials, is owned by Ember and its licensors and protected by law. Except for the rights expressly granted in these Terms, Ember reserves all rights.

Subject to these Terms, Ember grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial use unless we explicitly allow otherwise.

13) Termination

You may stop using the Service at any time and may request account deletion. We may suspend or terminate access if we reasonably believe you violated these Terms, your use creates legal, security, or safety risk, or we are required to do so by law.

Upon termination, your right to use the Service ends. Sections that by their nature should survive will survive, including ownership, licenses, disclaimers, limitation of liability, indemnity, and dispute terms.

14) Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, COMPLETE, OR SECURE.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

EMBER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, CONTENT, GOODWILL, OR BUSINESS OPPORTUNITY.
EMBER'S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF 100 U.S. DOLLARS OR THE AMOUNT YOU PAID EMBER IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

16) Indemnification

You agree to indemnify and hold harmless Ember and its officers, directors, employees, contractors, and agents from claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your User Content, use of the Service, violation of these Terms, violation of law, or violation of third-party rights.

17) Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules. Except where prohibited by law, disputes will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you and Ember consent to personal jurisdiction and venue there.

18) Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice. Your continued use of the Service after the effective date of updated Terms means you accept them.

19) Miscellaneous

These Terms, the Privacy Policy, and the Community Guidelines are the entire agreement between you and Ember regarding the Service. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, financing, reorganization, or sale of assets. Our failure to enforce a provision is not a waiver.

20) Contact

Remember Studios, Inc.
Email: contact@ember.build
Mailing address: 640 S Curson Ave, Unit 2003
Los Angeles, California 90036