Terms of Service

The Service is intended for individuals who are at least the age of majority in their jurisdiction (typically 18 years in the United States) and who can lawfully enter a binding contract. If you create an account, you represent that you meet this requirement. You agree to provide accurate information and keep your credentials secure. You are responsible for activity under your account. If you allow a minor to use listening features, you do so as the contracting account holder and guardian; the agreement is between Ember and you, not the minor. Children may use listening features only as authorized and supervised by a parent or guardian who controls the family account.

Geographic scope. The Service is intended for use by residents of the United States. If you access the Service from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your local jurisdiction.

Our Privacy Policy explains how we collect and use information. Our Cookie Policy describes cookies and similar technologies. Both are incorporated into these Terms by reference.

You consent to receive communications from us electronically (for example, service emails, receipts, security notices, and policy updates). You agree that electronic notices satisfy any legal requirement that communications be in writing, except where law requires another method.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial family use. We reserve all rights not expressly granted.

If you believe content on the Service infringes your copyright, send a notice that complies with the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent. Current contact information (including the same details we file with the U.S. Copyright Office) is on our DMCA designated agent page.

Include the information required by law, including a description of the work, the location of the material, your contact information, a statement of good faith, and a statement under penalty of perjury that you are authorized to act. We may remove or disable access to material in appropriate cases and terminate repeat infringers where required or appropriate.

Certain features may produce AI-assisted text or images. Outputs may be inaccurate, incomplete, or inappropriate. They are not professional, medical, legal, or safety advice. You are responsible for reviewing content before sharing it with children. AI features are provided "as is" and may be modified or discontinued. Whether your inputs or outputs are used to train third-party models is governed by the applicable provider's terms (for example, Google's terms for Gemini).

Paid features may be offered through third-party payment processors (for example, Stripe). Prices, taxes, and renewal terms are presented at checkout and in your account flows where applicable.

Cancellation. You may cancel your subscription at any time through your account settings or by contacting privacy@emberstorytime.com. Cancellation takes effect at the end of your current billing period; you retain access to paid features until that date.

Refunds. Fees for the current billing period are non-refundable upon cancellation, except where required by applicable law. If you believe you are entitled to a refund under applicable law, contact us at the email above.

If you purchase a gift subscription, additional terms shown at purchase apply, including any expiration or redemption conditions presented at that time.

The Service integrates third-party services (for example, authentication providers, cloud infrastructure, analytics, Amazon Alexa, and payment processors). Your use of those services may be subject to their terms and policies. We are not responsible for third-party services.

You agree not to:

• Violate law or third-party rights
• Probe, scan, or test vulnerabilities without authorization
• Interfere with the Service, impose unreasonable load, or circumvent security
• Reverse engineer, decompile, or attempt to extract source code except where permitted by law
• Use the Service to distribute malware, spam, or deceptive content
• Misrepresent your identity or affiliation
• Collect data from the Service or users without consent, including automated scraping where prohibited

We may suspend or terminate access to the Service if you violate these Terms, create risk or legal exposure, or for operational reasons. You may stop using the Service at any time. Provisions that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnity, and dispute resolution) will survive.

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

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBER'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO EMBER FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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

Informal resolution. Before filing a claim, you agree to contact us at privacy@emberstorytime.com for at least thirty (30) days to try to resolve the dispute informally.

Binding arbitration. If informal resolution fails, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this agreement. The AAA rules are available at adr.org. Payment of filing, administrative, and arbitrator fees will be governed by the AAA Consumer Rules (including fee waivers for qualifying consumers). The arbitration will be conducted in English. Either party may bring an individual action in small claims court of competent jurisdiction instead. CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED — you and Ember agree that each may bring claims against the other only in an individual capacity.

Exceptions. Either party may seek injunctive or equitable relief in the state or federal courts located in Salt Lake County, Utah for intellectual property, unauthorized access, or to enforce arbitration provisions.

If you are a consumer, you may have rights to opt out of arbitration in some jurisdictions where required by law. If an arbitrator or court finds any portion of this section unenforceable, the remainder remains in effect.

These Terms are governed by the laws of the State of Utah, USA, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs arbitration. Nothing in these Terms limits any rights or remedies that cannot be waived under the laws of the jurisdiction where you live.

We may modify these Terms by posting an updated version and updating the effective date. If changes are material, we may provide additional notice. Continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree, stop using the Service.

If you submit ideas, suggestions, or feedback about the Service ("Feedback"), you grant Ember a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that Feedback to operate, improve, and promote the Service without obligation or compensation to you, except where prohibited by law.

We are not liable for delay or failure to perform due to events beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of authorities, fire, epidemics, strikes, supply chain failures, or Internet or hosting outages.

These Terms constitute the entire agreement between you and Ember regarding the Service and supersede prior agreements on the same subject. If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Section headings are for convenience only.

Questions about these Terms: privacy@emberstorytime.com