Ember Terms of Service

IMPORTANT – PLEASE READ CAREFULLY

BY TAPPING "I ACCEPT," COMPLETING A PURCHASE, OR BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE EMBER MOBILE APP OR ANY RELATED WEBSITE, DASHBOARD, API, OR SERVICE (COLLECTIVELY, the "Service"), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE ("Terms"). If you do not agree, do not use the Service. These Terms form a binding contract between you and Tailored Tales, LLC ("Tailored Tales," "Ember," "we," "our," or "us").

Arbitration & Class-Action Waiver

Except for certain disputes described in §17, ANY DISPUTE BETWEEN YOU AND US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION—NOT IN COURT—AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION. See §17 for details.

1. Service Overview

Ember provides an AI-enabled voice companion for mothers that:

• engages in supportive, empathetic conversations about motherhood, parenting, and personal well-being;
• provides a safe space to share thoughts, feelings, and experiences;
• records conversation transcripts and extracts "memories" to maintain personalized context;
• offers encouragement, validation, and conversational support;
• adapts to your communication preferences and topics of interest.

The Service is intended solely for informational, companionship, and recreational purposes. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, MENTAL HEALTH, PSYCHOLOGICAL, THERAPEUTIC, OR LEGAL ADVICE. If you are experiencing a mental health crisis or emergency, please contact the 988 Suicide & Crisis Lifeline (call or text 988) or dial 911 immediately.

2. Eligibility

Age Requirement. You must be at least 18 years old to create an Ember account and use the Service.

Account Responsibility. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

Geographic Availability. The Service is currently available in the United States. Access from other jurisdictions is at your own risk and you are responsible for compliance with local laws.

3. Accounts & Registration

You must provide accurate, current information during registration and keep it updated. You may only create one account per person. You are responsible for all activity under your account credentials.

4. Subscription Services & Payment

4.1 Subscription Plans

Ember offers subscription-based access to premium features. We offer multiple subscription tiers (e.g., monthly, annual) with pricing clearly disclosed before purchase. All subscriptions automatically renew unless canceled.

4.2 Payment Methods

Ember accepts payment through two methods:

Web Checkout (Stripe):

• Processed by Stripe, Inc., our third-party payment processor
• Accepts credit cards, debit cards, and other payment methods supported by Stripe
• Your payment information is transmitted directly to Stripe and handled according to Stripe's Privacy Policy: https://stripe.com/privacy
• We do not store your complete credit card information; we receive only confirmation of payment and the last 4 digits of your card for your reference
• Manage your subscription at: https://ember.superwall.app/manage

Apple In-App Purchase:

• Processed by Apple Inc. through the App Store
• Managed via iOS Settings → Subscriptions
• Subject to Apple's Terms of Service and Privacy Policy
• We do not receive your payment information; Apple handles all payment processing

4.3 Billing & Auto-Renewal

Automatic Renewal: Your subscription will automatically renew at the end of each billing period (monthly or annually, depending on your plan) unless you cancel before the renewal date.

Billing Timing: You will be charged within 24 hours prior to the start of each new billing period. Your subscription continues until you cancel.

Price Changes: We reserve the right to modify subscription pricing with at least 30 days notice. Price changes will not affect your current subscription period; they take effect upon your next renewal. You will be notified via email or in-app notification before any price change.

Failed Payments: If a payment fails, we will attempt to charge your payment method again. If payment continues to fail, your subscription may be suspended or canceled. You will receive notification of payment failures.

4.4 Cancellation Policy

How to Cancel:

• Stripe Subscriptions: Visit https://ember.superwall.app/manage or contact [email protected]
• Apple IAP Subscriptions: iOS Settings → [Your Name] → Subscriptions → Ember

When Cancellation Takes Effect: Cancellation takes effect at the end of your current billing period. You will retain access to premium features until the paid period expires. You will not be charged again after cancellation.

Reactivation: You may reactivate a canceled subscription at any time by subscribing again through the app or web checkout.

4.5 Refund Policy

General Policy: Except as required by law or as specified below, all payments are non-refundable. There are no refunds or credits for partial subscription periods.

Refund Requests:

• Stripe Subscriptions: Refund requests must be submitted within 14 days of purchase to [email protected]. Refunds are evaluated on a case-by-case basis and are at our sole discretion.
• Apple IAP Subscriptions: Contact Apple Support directly. Apple controls all refund decisions for App Store purchases. We cannot process refunds for Apple IAP transactions.

Eligible Refund Circumstances:

• Fraudulent or unauthorized charges (refunded immediately upon verification)
• Technical issues that prevent access to the Service, if we cannot resolve the issue within a reasonable timeframe
• Billing errors or duplicate charges

Refund Processing: Approved refunds will be processed to the original payment method within 5-10 business days.

4.6 Free Trials

We may offer free trial periods for new subscribers. If you do not cancel before the trial period ends, you will be automatically charged for the subscription. Trial eligibility is determined by us and may be limited to new users or one trial per user. We reserve the right to modify or discontinue free trials at any time.

5. License Grant & Restrictions

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the Ember app on devices you own or control solely for lawful, personal, non-commercial use. You may not: (a) copy, modify, reverse-engineer, decompile, or attempt to extract source code from the Service; (b) distribute, sublicense, rent, lease, or lend the Service; (c) use AI-generated outputs to train competing AI models or services; (d) remove any copyright, trademark, or proprietary notices; (e) use the Service in any way that violates applicable laws or these Terms; or (f) access the Service through automated means (bots, scrapers, etc.) without our express written permission.

6. User Content & AI-Generated Content

6.1 Definitions

"Inputs" means any text, voice recordings, audio, images, or other content you submit to the Service.

"Outputs" means AI-generated responses, including text, voice audio, and any other content generated by Ember in response to your Inputs.

6.2 Ownership & License

Your Inputs: You retain all ownership rights in your Inputs. By submitting Inputs to the Service, you grant Tailored Tales a worldwide, non-exclusive, royalty-free, transferable license to use, store, process, analyze, and display your Inputs solely to:

• Operate and provide the Service to you
• Maintain and improve the Service and AI models
• Generate personalized Outputs and maintain conversation context
• Develop new features and capabilities
• Comply with legal obligations

AI Outputs: As between you and Tailored Tales, you own the Outputs generated in response to your Inputs, subject to these Terms. We grant you the right to use Outputs for your personal, non-commercial purposes.

6.3 Prohibited Content

You agree not to submit Inputs that:

• Violate any law, regulation, or third-party right
• Contain viruses, malware, or harmful code
• Infringe intellectual property rights of others
• Are harassing, abusive, threatening, or hateful
• Contain personal information of others without consent
• Promote illegal activities or self-harm
• Attempt to manipulate, jailbreak, or misuse the AI

6.4 Content Accuracy

You are responsible for the accuracy of information you provide. We are not responsible for any consequences resulting from inaccurate Inputs or reliance on AI-generated Outputs.

7. Data Collection, Use & Retention

Data Sharing: We never sell your personal data or conversation transcripts to third parties. We do not use your data for targeted advertising.

Third-Party Processors: We share data with trusted service providers only as necessary to operate the Service (e.g., cloud hosting, AI processing, payment processing via Stripe). All processors are contractually bound to protect your data.

Privacy Policy: For complete details on how we collect, use, and protect your data, please review our Privacy Policy at https://ember.ai/privacy.

8. AI Limitations & Disclaimers

AI-Generated Content: Ember uses advanced AI language models to generate conversational responses. However, AI-generated Outputs:

• Are probabilistic and may contain errors, inaccuracies, or incomplete information
• Should not be relied upon as factual, professional, medical, or therapeutic advice
• May occasionally generate unexpected, inappropriate, or biased responses despite our safety measures
• Do not represent the views, opinions, or professional judgment of Tailored Tales
• Are not a substitute for professional mental health services, medical care, or counseling

Not Professional Services: Ember is designed for companionship and conversational support only. The Service does not provide, and should not be used as a substitute for:

• Mental health therapy, counseling, or psychiatric treatment
• Medical diagnosis, treatment, or advice
• Legal, financial, or professional advice
• Emergency services or crisis intervention

Crisis Resources: If you are experiencing a mental health emergency or crisis:

• Call or text 988 for the Suicide & Crisis Lifeline
• Call 911 for immediate emergency assistance
• Contact a licensed mental health professional
• Go to your nearest emergency room

Your Responsibility: You acknowledge and agree that you use Ember and rely on any AI-generated Outputs at your own risk. You should verify any important information with qualified professionals before taking action.

9. Communications & Notifications

By creating an account and using the Service, you consent to receive communications from us, including:

• Transactional Communications: Account notifications, subscription confirmations, payment receipts, password resets, and service-related announcements
• Push Notifications: App notifications about conversations, features, and updates
• Email Communications: Service updates, account activity summaries, billing notifications, and important Service changes
• Marketing Communications: Promotional emails about new features, tips, and special offers (opt-in required)

Managing Communications: You may opt out of non-essential communications by:

• Adjusting notification settings in the Ember app
• Clicking "unsubscribe" in marketing emails
• Contacting [email protected]

Note: You cannot opt out of transactional communications (e.g., payment confirmations, Terms updates, security alerts) as these are essential to providing the Service.

10. Prohibited Conduct

You agree not to:

• Violate any applicable law, regulation, or third-party right
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Upload, transmit, or distribute viruses, malware, or any harmful code
• Attempt to gain unauthorized access to the Service, other user accounts, or our systems
• Interfere with, disrupt, or overload the Service or servers/networks connected to the Service
• Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service
• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Collect, harvest, or scrape user data or personal information without consent
• Use automated systems (bots, scrapers, etc.) to access the Service without written permission
• Attempt to manipulate, exploit, jailbreak, or bypass content filters or safety measures
• Use Outputs to train competing AI models or develop competing services
• Share your account credentials with others or allow unauthorized access to your account
• Create multiple accounts to circumvent Service restrictions or take advantage of promotions
• Use the Service in a manner that could damage our reputation or the experience of other users
• Submit Inputs or attempt to generate Outputs that:
  • Are sexually explicit, pornographic, or obscene
  • Promote violence, self-harm, suicide, or harm to others
  • Constitute harassment, bullying, hate speech, or discrimination
  • Violate intellectual property rights
  • Contain personal information of others without consent
  • Are intended to deceive, defraud, or mislead

Consequences: Violation of these prohibitions may result in immediate suspension or termination of your account, forfeiture of subscription fees, and legal action if warranted.

11. Third-Party Services & Links

The Service may integrate with, link to, or rely upon third-party services, websites, or platforms, including but not limited to:

• Stripe (payment processing)
• Apple App Store (distribution and payment processing)
• Cloud hosting and infrastructure providers
• AI model providers
• Analytics and monitoring services

No Endorsement: We do not endorse, control, or assume responsibility for any third-party services, content, products, or practices. Links to third-party websites are provided for convenience only.

Third-Party Terms: Your use of third-party services is subject to their respective terms of service and privacy policies. We encourage you to review:

• Stripe Terms of Service: https://stripe.com/legal/ssa
• Stripe Privacy Policy: https://stripe.com/privacy
• Apple Terms of Service: https://www.apple.com/legal/internet-services/itunes/

Disclaimer: We are not liable for any damages or losses arising from your use of third-party services or reliance on third-party content.

12. Modifications to Terms or Service

Changes to Terms: We reserve the right to modify these Terms at any time. When we make changes:

• We will post the updated Terms with a new "Last Updated" date
• For material changes, we will notify you via email or in-app notification at least 30 days before the changes take effect
• Your continued use of the Service after the effective date constitutes acceptance of the modified Terms
• If you do not agree to the changes, you must discontinue use and cancel your subscription before the effective date

Changes to Service: We may modify, suspend, or discontinue any aspect of the Service at any time, including:

• Adding, removing, or modifying features and functionality
• Changing pricing or subscription plans (with notice as described in §4.3)
• Updating AI models, voice capabilities, or conversation features
• Implementing new safety measures or content filters

We will make reasonable efforts to notify you of material changes to the Service, but we are not obligated to do so for minor updates, bug fixes, or security improvements.

13. Account Suspension & Termination

13.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in the Ember app settings
• Contacting [email protected] with a deletion request

Upon account deletion:

• Your active subscription will be canceled (see §4.4 for cancellation timing)
• You will lose access to the Service and all associated data
• Your account information and conversation data will be permanently deleted within 30 days, except as required by law or for legitimate business purposes (e.g., tax records, fraud prevention)
• Deletion is irreversible; we cannot recover your data after deletion is complete

13.2 Suspension or Termination by Us

We may suspend or terminate your account and access to the Service, with or without notice, if:

• You violate these Terms or our policies
• Your account is associated with fraudulent or illegal activity
• Your payment method fails repeatedly or you have outstanding payment obligations
• We suspect unauthorized access or security concerns
• Required by law or legal process
• We discontinue the Service entirely
• Continued provision of Service poses risk to us, other users, or third parties

Effect of Termination by Us:

• Immediate loss of access to the Service
• No refund of subscription fees, except as required by law
• We may, but are not obligated to, provide you with a copy of your data before deletion

13.3 Survival

The following sections survive termination: §6 (User Content - licenses), §8 (Disclaimers), §10 (Prohibited Conduct), §14 (Indemnification), §15 (No Warranties), §16 (Limitation of Liability), §17 (Arbitration), §18 (Governing Law), and this §13.3.

14. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Tailored Tales, LLC, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms or any applicable law or regulation; (c) your Inputs or any content you submit to the Service; (d) your violation of any third-party rights, including intellectual property rights or privacy rights; (e) any dispute between you and any third party; or (f) any actions taken on reliance of AI-generated Outputs. This indemnification obligation will survive termination of these Terms and your use of the Service.

15. Disclaimers & No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TAILORED TALES MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING:

• ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR DATA ACCURACY
• THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR HARMFUL COMPONENTS
• THAT DEFECTS OR ERRORS WILL BE CORRECTED
• THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR APPROPRIATE FOR YOUR NEEDS
• THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, OR OUTPUTS

YOU ACKNOWLEDGE THAT:

• AI TECHNOLOGY IS EVOLVING AND MAY PRODUCE UNPREDICTABLE, BIASED, OR INCORRECT RESULTS
• WE DO NOT GUARANTEE ANY SPECIFIC OUTCOMES FROM USING THE SERVICE
• THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES
• YOU USE THE SERVICE AND RELY ON ANY OUTPUTS AT YOUR OWN RISK
• NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TAILORED TALES OR ITS REPRESENTATIVES CREATES ANY WARRANTY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAILORED TALES, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ANY DAMAGES RESULTING FROM:
  • YOUR USE OF OR INABILITY TO USE THE SERVICE
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR CONTENT
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
  • RELIANCE ON AI-GENERATED OUTPUTS OR CONTENT
  • ANY ERRORS, MISTAKES, OR INACCURACIES IN OUTPUTS OR CONTENT
  • PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE
  • ANY INTERRUPTION OR CESSATION OF THE SERVICE
  • ANY BUGS, VIRUSES, OR HARMFUL CODE TRANSMITTED TO OR THROUGH THE SERVICE
  • ANY CONTENT OR DATA LOSS

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE LIABILITY CAP: IN NO EVENT SHALL TAILORED TALES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO TAILORED TALES FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS (US$100.00).

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND WHETHER OR NOT TAILORED TALES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. Dispute Resolution, Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

17.1 Informal Dispute Resolution

Before filing any formal dispute, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. Please provide:

• Your name, email address, and account information
• A detailed description of the dispute
• The relief or resolution you are seeking

We will attempt to resolve the dispute within 30 days. If we cannot reach a resolution, either party may proceed to arbitration as described below.

17.2 Binding Arbitration

Agreement to Arbitrate: Except as provided in Section 17.4 (Exceptions), you and Tailored Tales agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with Tailored Tales (collectively, "Disputes") will be resolved by binding arbitration, rather than in court.

Arbitration Rules: The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

Arbitration Process:

• The arbitration will be conducted by a single, neutral arbitrator
• The arbitrator's decision will be final and binding
• Judgment on the arbitration award may be entered in any court of competent jurisdiction
• The arbitration will take place in Cuyahoga County, Ohio, or another mutually agreed location
• For disputes involving less than $10,000, the arbitration may be conducted via telephone or online

Arbitration Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this agreement. If your claim is for less than $10,000, we will reimburse your filing fee and pay the arbitrator and AAA fees, unless the arbitrator determines your claim is frivolous.

Governing Law: The Federal Arbitration Act and federal arbitration law apply to this agreement and govern all questions of whether a dispute is subject to arbitration.

17.3 Class Action Waiver

YOU AND TAILORED TALES AGREE THAT EACH 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, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

This means:

• No class arbitrations, class actions, or representative actions are permitted
• The arbitrator may not consolidate more than one person's claims
• The arbitrator may not preside over any form of representative or class proceeding
• If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void

17.4 Exceptions to Arbitration

Notwithstanding the above, either party may:

• Bring an individual action in small claims court if the claim qualifies
• Seek injunctive or equitable relief in court for infringement or misuse of intellectual property rights
• File a claim with a government agency (e.g., FTC, state attorney general)

17.5 Opt-Out Right

You have the right to opt out of arbitration. If you do not wish to be bound by the arbitration and class action waiver provisions, you must notify us in writing within 30 days of first accepting these Terms.

To opt out, send a written notice to:

Tailored Tales, LLC
Attn: Arbitration Opt-Out
3299 Excalibur Ave
Westlake, OH 44145

Your opt-out notice must include: (1) your name, (2) your email address, (3) your account username (if applicable), and (4) a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of these Terms will continue to apply, but disputes will be resolved in court rather than arbitration.

17.6 Severability

If any portion of this Section 17 is found to be unenforceable or unlawful for any reason: (a) the unenforceable provision shall be severed from these Terms; (b) severance shall have no impact on the remainder of this Section 17 or the parties' ability to compel arbitration of any remaining claims; and (c) any such claims must be litigated in a court of competent jurisdiction located in Cuyahoga County, Ohio, and you and Tailored Tales consent to personal jurisdiction in such court.

18. Governing Law & Venue

Governing Law: These Terms and any disputes arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule. The Federal Arbitration Act governs the interpretation and enforcement of Section 17 (Arbitration).

Venue: To the extent that arbitration does not apply (see Section 17.4), you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Cuyahoga County, Ohio, and you irrevocably consent to personal jurisdiction and venue in such courts.

19. International Use & Export Compliance

U.S.-Based Service: The Service is controlled and operated from the United States and is intended for users located in the United States. We make no representation that the Service is appropriate or available for use in other locations.

Access from Outside the U.S.: If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws, including but not limited to data protection, privacy, and consumer protection laws.

Export Control: The Service and underlying technology may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer the Service or any related technology, directly or indirectly, in violation of U.S. export laws and regulations.

20. Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:

In writing:
1625 North Market Blvd., Suite S-202
Sacramento, CA 95834

By phone: 1-800-952-5210
By email: [email protected]

California residents are entitled to the following specific consumer rights information: The Service is provided by Tailored Tales, LLC. If you have a question or complaint regarding the Service, please contact us at [email protected]. You may also contact us by mail at the address provided in Section 21.

21. Contact Information & Customer Support

For questions, concerns, or support regarding these Terms or the Service, please contact us:

Tailored Tales, LLC
Attn: Legal Department
3299 Excalibur Ave
Westlake, OH 44145
United States

Email: [email protected]
Subscription Management: https://ember.superwall.app/manage

22. Apple App Store Terms

If you access or download the Ember app from the Apple App Store, the following additional terms apply:

• Acknowledgement: You acknowledge that these Terms are between you and Tailored Tales only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or its content.
• License Scope: The license granted to you is limited to a non-transferable license to use the app on an Apple-branded product that you own or control and as permitted by the Apple App Store Terms of Service.
• Maintenance & Support: Tailored Tales, not Apple, is solely responsible for providing maintenance and support services for the app. Apple has no obligation to furnish any maintenance or support services.
• Warranty: To the extent permitted by law, Apple has no warranty obligation with respect to the app. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Tailored Tales' responsibility.
• Product Claims: Tailored Tales, not Apple, is responsible for addressing any claims relating to the app or your use of it, including: (a) product liability claims; (b) any claim that the app fails to conform to applicable legal or regulatory requirements; and (c) claims arising under consumer protection or similar legislation.
• Intellectual Property Claims: In the event of any third-party claim that the app or your use of it infringes intellectual property rights, Tailored Tales, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Third-Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• Legal Compliance: You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple In-App Purchases: If you purchase a subscription via Apple In-App Purchase, all billing and refund matters are handled by Apple according to Apple's terms and policies. Contact Apple Support for assistance with Apple IAP subscriptions.

23. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Tailored Tales regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision will be effective only if in writing and signed by an authorized representative of Tailored Tales.

Assignment: You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this section is void. Tailored Tales may freely assign or transfer these Terms without restriction. These Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.

Force Majeure: Tailored Tales shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Relationship: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Tailored Tales. You have no authority to bind Tailored Tales or create obligations on its behalf.

Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

Language: These Terms are drafted in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall control.

Electronic Communications: By using the Service, you consent to receive electronic communications from us, including via email, push notifications, or by posting notices in the app. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

24. Acknowledgment & Acceptance

BY CLICKING "I ACCEPT," COMPLETING A PURCHASE, OR BY DOWNLOADING, INSTALLING, OR USING THE EMBER SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

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Thank you for choosing Ember!

We're here to support you on your motherhood journey.