Terms of Service

Effective Date: May 5, 2026 · Last Updated: May 5, 2026

Agreement to Terms

By downloading, installing, or using the Ember mobile application (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and Ember Stories Inc ("Company," "we," "us," or "our").

Description of Service

Ember is a mobile application that helps families and households create collaborative photo and video memory stories. The Service allows users to:

Access and organize photos from their device's photo library
Create AI-assisted narrative stories from their photos
Share stories with household members
Manage family memories in a collaborative environment

Eligibility

Age Requirements

You must be at least 13 years old to create an account and use this Service
If you are under 18, you must have permission from a parent or guardian to create an account
This Service is designed for family use — account holders will share photos and information about family members of all ages, including children under 13
Account holders must have parental authority over any children whose information they share

Account Requirements

You must provide accurate and complete information when creating an account
You are responsible for maintaining the confidentiality of your account credentials
You must notify us immediately of any unauthorized use of your account

Subscriptions and Payments

Subscription Plans

Ember offers subscription-based access to premium features. Available plans and pricing are displayed within the app at the time of purchase.

Billing and Auto-Renewal

Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the plan you select)
Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date
You will be charged through your Apple App Store or Google Play Store account
Prices may change with reasonable notice; price changes take effect at the start of your next billing period

Free Trials

We may offer free trial periods for certain subscription plans. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription and you will be charged the applicable subscription fee.

Cancellation

You may cancel your subscription at any time through your device's subscription management settings:
- iOS: Settings > [Your Name] > Subscriptions > Ember
- Android: Google Play Store > Menu > Subscriptions > Ember
Cancellation takes effect at the end of the current billing period — you will continue to have access to premium features until then
Deleting the app does not cancel your subscription

Refunds

All purchases are processed through the Apple App Store or Google Play Store. Refund requests are handled according to the respective store's refund policies:

Apple: Request a refund at reportaproblem.apple.com
Google: Request a refund through the Google Play Store or at play.google.com/store/account/subscriptions

User Content and Conduct

Your Content

You retain ownership of all photos, videos, and other content you upload ("User Content")
By using the Service, you grant us a limited license to process your content for Service functionality
You are solely responsible for your User Content and its legality

Shared Household Content — Collaborative Memory

Ember is designed as a collaborative household memory system. When you choose to share a story with your household (by selecting "Share with Household"), you are making an explicit, informed act of distribution to the other members of that household. You acknowledge and agree that:

Shared stories and their associated photos become part of the household's collaborative memory
Other household members have ongoing access to content you have shared with the household
Shared content persists beyond your own use of the Service. If you later delete your account or leave the household, stories and photos you have previously shared with the household will remain accessible to the remaining household members. Your personal attribution on that content will be removed (see "Termination by You" below), but the content itself will remain
Stories you mark as "private" are never shared with other household members and are permanently deleted if you delete your account

Think of shared household content like a printed family photo handed to relatives: once distributed with intent, it becomes part of the household's shared record.

Household Member Information and Children's Content

When you add household members to your account, you represent that you have proper consent to include their personal information
You are responsible for informing household members about our Privacy Policy and Terms of Service
You must obtain consent from adult household members and have parental authority for minors
For children's photos and information: You represent that you have parental authority to share photos and information about minor children in your household
You are responsible for privacy decisions regarding children's content, including photos of infants, toddlers, and teenagers
You must obtain consent from other parents before sharing photos that include their children
You agree to update or remove household member information upon their request

Photo Library Access and Privacy

Permission Requirements

The Service requires access to your device's photo library to function properly
You can revoke this permission at any time through your device settings
Revoking access may limit Service functionality

Photo Processing and Metadata

Photos are analyzed locally on your device when possible
We extract EXIF data including GPS coordinates, dates, and technical information from your photos
GPS coordinates are sent to Google Geocoding API to obtain location names for story context
Photos are only uploaded to our servers with your explicit consent for story availability
We do not access or view your photos except as necessary to provide the Service
You can delete uploaded photos and associated metadata at any time

AI-Generated Content

Ember uses artificial intelligence and large language models to generate narrative text, story titles, and other content enhancements based on your photos and their metadata. You acknowledge that:

AI-generated content may not always be perfectly accurate, including names, dates, locations, or descriptions
You are responsible for reviewing AI-generated content before sharing it
AI-generated story text is created for you and becomes part of your User Content — you own the resulting stories
We may use third-party AI services to provide this functionality, subject to the data handling practices described in our Privacy Policy

Intellectual Property Rights

Your Rights

You retain all rights to your User Content
Any stories created using the Service belong to you
We do not claim ownership of content you create using the Service

Our Rights

The Service, including its design, features, code, and branding, is owned by Ember Stories Inc and protected by intellectual property laws
You may not copy, modify, distribute, or reverse engineer the Service

Service Availability and Disclaimers

Availability

We strive to keep the Service available and functional, but we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE OR COMPLETE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Ember Stories Inc SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PHOTOS, OR LOSS OF USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Account Termination

Termination by You

You may delete your account at any time through the app (Main Menu > Delete Account) or by contacting us at support@emberstories.com. When you delete your account:

Personal data deleted: Your account (email, name, birthday), private stories and their photos, and personal notification settings are permanently deleted within 30 days of your deletion request
Shared household content retained: Stories and photos you have shared with your household remain accessible to other household members as part of the household's collaborative memory (see "Shared Household Content" above). Your personal attribution on this content is removed upon deletion
Household ownership: If you are the owner of a household that has other active Ember users, you will be prompted to transfer ownership to another household member as part of the deletion flow. If you are the sole active Ember user of a household, the household and all its shared content (including other family members' records) will also be permanently deleted
Pending invitations: Any unaccepted invitations you have sent may be cancelled when your account is deleted
Subscription: Your active subscription is not automatically cancelled — you must cancel it separately through your device's subscription settings before or after deleting your account
Grace period and recovery: Your data is retained for 30 days after deletion for operational cleanup. During this period, your account is not accessible and cannot be recovered — deletion is intended to be final from the moment you confirm

Termination by Us

We may suspend or terminate your account if you:

Violate these Terms
Use the Service for unlawful purposes
Engage in conduct that harms other users or the Service

We will provide reasonable notice before termination when possible, unless the violation requires immediate action.

Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using the Service, you agree to our Privacy Policy.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Indiana, without regard to its conflict of law principles.

Any disputes arising from or relating to these Terms or the Service shall be resolved in the state or federal courts located in Indiana. You consent to the personal jurisdiction of these courts.

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at legal@emberstories.com. We will attempt to resolve the dispute within 30 days.

Changes to Terms

We may update these Terms periodically. 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
Your continued use of the Service constitutes acceptance of the updated Terms

Contact Information

For questions about these Terms of Service, contact us:

Email: legal@emberstories.com
Address: Ember Stories Inc, 5534 Saint Joe Road, Fort Wayne, IN 46835, USA