These Terms govern your access to and use of the Ember mobile application and related services.
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.
The Services are intended for use by adults (parents/guardians). The App is not directed to children under 13. You are responsible for ensuring that any information you enter about a child is provided by a parent/guardian and used appropriately.
You may sign in using Sign in with Apple or Sign in with Google. You agree to provide accurate information and to maintain the security of your device and account. You are responsible for activities that occur under your account.
“User Content” includes text, prompts, names, ages, preferences, and any information you submit through the App.
The Services generate stories using automated systems (“AI Outputs”).
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.
You agree not to:
Certain profile information (e.g., parent names, child name and age/birth year) may be stored locally on your device. You are responsible for securing access to your device, including device passcodes and backups.
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.
If you provide suggestions or feedback, you grant Ember the right to use it without restriction or compensation.
The Services may integrate with third parties (e.g., Apple, Google, RevenueCat). Your use of third-party services is governed by their terms and policies. We are not responsible for third-party services.
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 at any time.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY 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.
TO THE MAXIMUM EXTENT PERMITTED BY 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 IF YOU HAVE NOT PAID ANY AMOUNTS, WHICHEVER IS GREATER.
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.
For U.S. users, these Terms will be governed by the laws of the State of California, excluding its conflict of laws rules, and applicable U.S. federal law. (If your business prefers a different state, update this section.)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
If you believe content in the Services infringes your copyright, contact us at info@emberfaith.com with:
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.
Tolanko vGmbH
Holzländestrasse 65a
I-39010 St. Martin in Passeier
Italy
Email: info@emberfaith.com