Legal

Terms of Use

These Terms govern your access to and use of the Ember mobile application and related services.

Effective Date: February 20, 2026 Last Updated: April 1, 2026
IMPORTANT: FOR U.S. USERS, SECTION 19 INCLUDES AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS.

Quick navigation

  1. Eligibility
  2. Accounts
  3. Data & Cloud Sync
  4. Subscriptions
  5. User Content
  6. AI Disclaimers
  7. Not Therapy
  8. Acceptable Use
  9. Account Deletion
  10. IP
  11. Feedback
  12. Third Parties
  13. Termination
  14. Warranties
  15. Liability
  16. Indemnity
  17. Governing Law
  18. Cooling-Off
  19. Arbitration
  20. DMCA
  21. Changes
  22. Contact

These Terms of Use (“Terms”) govern your access to and use of the Ember mobile application (the “App”) and related services (collectively, the “Services”) operated by Tolanko vGmbH (“Ember”, “we”, “us”, or “our”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1) Eligibility and Intended Use

The Services are intended for use by adults (parents and guardians). The App is not directed to children under 13 (or under the applicable minimum age in your jurisdiction). You are responsible for ensuring that any information you enter about a child is provided by a parent or guardian and used appropriately.

2) Account Registration and Authentication

To use the App, you must create an account by signing in with Apple or Google. By signing in, you agree that:

  • You will provide accurate information during sign-in.
  • You are responsible for maintaining the security of your account and device.
  • You will not share your account with others or allow unauthorized access.
  • You may only maintain one account per identity provider (one Apple account, one Google account).

We use Firebase Authentication (operated by Google) to manage your sign-in securely. We do not store your passwords.

3) Your Data: Local Storage and Cloud Sync

Profile data (parent names, child information, preferences) and journal entries (generated stories) are stored locally on your device AND synced to a secure cloud database (Firebase Firestore) associated with your account. This allows you to:

  • Access your data if you sign in on a new device
  • Restore your data after reinstalling the App

You are responsible for maintaining the security of your device, including device passcodes and backups.

4) Subscriptions, Billing, and Payments

  • Purchases are processed by Apple via In-App Purchases. We do not process payments directly.
  • We use RevenueCat to manage subscription status and entitlements. Your account is linked to RevenueCat so subscriptions persist across devices.
  • Pricing and subscription options are shown in the App and in the App Store purchase flow.
  • Your subscription will auto-renew unless canceled at least 24 hours before the end of the current period (per Apple’s policies).
  • You can manage or cancel your subscription in your Apple ID account settings or in the App under Settings.
  • Refund requests are handled by Apple, subject to Apple’s refund policies.
  • If your subscription expires or is cancelled, you will retain access to your account and existing data but will not be able to create new stories until you resubscribe.

5) User Content and Inputs

”User Content” includes text, prompts, names, ages, preferences, and any information you submit through the App.

  • You retain ownership of your User Content.
  • You grant Ember a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, and use your User Content solely to operate, provide, maintain, and improve the Services (including generating story outputs, ensuring safety, preventing abuse, and troubleshooting).
  • You represent and warrant that you have the necessary rights to provide the User Content and that it does not violate any law or third-party rights.
Important

6) AI-Generated Content (Important Disclaimers)

The Services generate stories using automated systems (“AI Outputs”).

  • AI Outputs are provided for entertainment and informational purposes only.
  • AI Outputs may be inaccurate, incomplete, or inappropriate.
  • You are responsible for reviewing AI Outputs before sharing them or relying on them in any way.
  • DO NOT use the Services as a substitute for professional medical, psychological, legal, or other professional advice.
  • If you or your child may be in danger or need immediate help, contact emergency services.

7) Not Therapy; No Medical Claims

The Services are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease. The Services do not provide therapy, counseling, or clinical guidance.

8) Acceptable Use

You agree not to:

  • Use the Services for unlawful, harmful, or abusive purposes
  • Submit content that is defamatory, hateful, harassing, sexually explicit, or that exploits or endangers minors
  • Attempt to reverse engineer, scrape, or interfere with the Services
  • Circumvent security or access controls
  • Use the Services to generate or distribute content that violates intellectual property or privacy rights
  • Use automated means to access the Services in a way that imposes an unreasonable load
  • Attempt to access another user’s data or account

9) Account Deletion and Data Removal

You have the right to delete your account and all associated data at any time:

  • ”Delete All Data” (in Settings): Permanently deletes all your stories and profile data from both your device and the cloud. Your account remains active so you can start fresh.
  • ”Delete Account” (in Settings): Permanently deletes your account, revokes authentication tokens (including Apple tokens as required by App Store guidelines), and removes all your data from our systems. This action is irreversible.

After account deletion, any active subscription will continue until its current period ends (managed by Apple). You can cancel your subscription separately in your Apple ID settings.

10) Intellectual Property

The Services, including the App, design, logos, and underlying software, are owned by Ember or its licensors and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services except as expressly permitted by these Terms.

11) Feedback

If you provide suggestions or feedback, you grant Ember the right to use it without restriction or compensation.

12) Third-Party Services

The Services integrate with third parties including:

  • Apple (Sign in with Apple, In-App Purchases)
  • Google (Sign in with Google, Firebase Authentication, Firebase Firestore)
  • RevenueCat (subscription management)
  • AI content generation providers (story generation)

Your use of third-party services is governed by their terms and policies. We are not responsible for third-party services.

13) Suspension and Termination

We may suspend or terminate access to the Services if we believe you violated these Terms, if required by law, or to protect the Services or users. You may stop using the Services and delete your account at any time.

Disclaimer

14) Disclaimer of Warranties

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

NOTE FOR UK AND CANADIAN USERS: Nothing in these Terms excludes or limits any warranty, condition, or liability that cannot be excluded or limited under applicable law, including the UK Consumer Rights Act 2015 or Canadian consumer protection legislation.

Limitation

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE SERVICES; (B) ANY AI OUTPUTS; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS; OR (D) ANY THIRD-PARTY CONDUCT OR CONTENT.

IN NO EVENT WILL EMBER’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID TO EMBER FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD $100 (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY) IF YOU HAVE NOT PAID ANY AMOUNTS, WHICHEVER IS GREATER.

NOTHING IN THESE TERMS SHALL LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

16) Indemnification (U.S. and Canada Only)

If you are located in the United States or Canada, you agree to defend, indemnify, and hold harmless Ember and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services or violation of these Terms.

This section does not apply to UK users, as blanket indemnification clauses are not standard or enforceable under UK consumer law.

17) Governing Law and Jurisdiction

A) United States

If you are located in the United States, these Terms are governed by the laws of the State of California, excluding its conflict of laws rules, and applicable U.S. federal law. Subject to the arbitration agreement in Section 19, any disputes shall be resolved in the state or federal courts of San Francisco County, California.

B) United Kingdom

If you are located in the United Kingdom, these Terms are governed by the laws of England and Wales. You and Ember both agree to the non-exclusive jurisdiction of the courts of England and Wales. Nothing in these Terms affects your statutory rights as a consumer under the Consumer Rights Act 2015, the Consumer Contracts Regulations 2013, or other applicable UK consumer protection legislation. Where these Terms conflict with your statutory consumer rights, your statutory rights shall prevail.

C) Canada

If you are located in Canada, these Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Ember both agree to the non-exclusive jurisdiction of the courts of Ontario. Nothing in these Terms excludes or limits any rights you may have under applicable Canadian federal or provincial consumer protection legislation, including but not limited to the Consumer Protection Act, 2002 (Ontario).

D) All other jurisdictions

If you are located outside the United States, United Kingdom, and Canada, these Terms are governed by the laws of Italy. Any disputes shall be submitted to the competent courts of Bolzano, Italy. This does not affect any mandatory consumer protection rights you may have under the laws of your country of residence.

18) Cooling-Off Period (UK and Canada)

If you are a consumer in the United Kingdom or Canada, you may have a statutory right to cancel certain contracts within 14 days (UK) or as provided by applicable provincial law (Canada). Because the App provides access to digital content and services, you acknowledge that by using the Services and making a purchase, you may lose your right to cancel once the digital content has been delivered or the service has been fully performed, to the extent permitted by applicable law.

U.S. Users Only

19) Arbitration Agreement and Class Action Waiver (U.S. Users Only)

THIS SECTION APPLIES ONLY TO USERS IN THE UNITED STATES. IF YOU ARE LOCATED IN THE UNITED KINGDOM OR CANADA, THIS SECTION DOES NOT APPLY TO YOU.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

  • A) Informal resolution first: Before filing a claim, you agree to contact us at info@emberfaith.com and attempt to resolve the dispute informally for at least 30 days.
  • B) Binding arbitration: If a dispute is not resolved informally, you and Ember agree to resolve any claim arising out of or relating to these Terms or the Services through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
  • C) No class actions: YOU AND EMBER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
  • D) Opt-out: You may opt out of arbitration within 30 days of first accepting these Terms by emailing info@emberfaith.com with your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration.
  • E) Arbitration rules: The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or by another established arbitration provider if mutually agreed). The arbitration will take place in English. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary.

20) DMCA (Copyright Complaints)

If you believe content in the Services infringes your copyright, contact us at info@emberfaith.com with:

  • Identification of the copyrighted work
  • Identification of the allegedly infringing material
  • Your contact information
  • A statement that you have a good-faith belief the use is not authorized
  • A statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorized to act
  • Your physical or electronic signature

21) Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will update the “Last Updated” date and may provide notice in the App or by other reasonable means. Continued use of the Services after changes become effective constitutes acceptance. For UK and Canadian users, material changes to these Terms will not reduce your existing rights without your consent.

22) Contact

Tolanko vGmbH
Holzländestrasse 65a
I-39010 St. Martin in Passeier
Italy

Email: info@emberfaith.com

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