Ember · Heart & SOUL Technologies, Inc.
Effective Date: July 13, 2026
Last Updated: July 16, 2026
Ember is not an emergency service and cannot get you help.
If you are in immediate danger, or thinking about harming yourself or someone else:
Do not rely on Ember in a crisis. Ember is software. It cannot call for help, it cannot reach a person on your behalf, and it cannot intervene.
1. Ember is an artificial intelligence. It is not a human being. Every message you receive from Ember is generated by a computer program. Ember is designed to feel personal and conversational. It is not a person, it does not have feelings, and it does not have a relationship with you in the way a person would.
2. Ember is for adults 18 and over. Only. If you are under 18, you may not use Ember. See Section 3.
3. Ember is not a therapist, not a doctor, and not a licensed professional of any kind. It does not provide therapy, psychotherapy, counseling, medical care, mental health treatment, or professional advice. See Section 5.
These Terms of Service ("Terms") are a binding legal agreement between you and Heart & SOUL Technologies, Inc., a Delaware corporation ("Heart & SOUL," "we," "us," or "our"), governing your use of Ember, our AI companion service delivered through SMS and iMessage (the "Service").
By sending a message to Ember, by continuing to exchange messages with Ember, or by otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service. You may stop at any time by replying STOP.
We may update these Terms. If we make material changes, we will notify you through the Service and update the "Last Updated" date above. Continued use of the Service after a change means you accept the updated Terms.
Ember is a software product powered by large language models. Every message Ember sends you is generated by a computer. No human being reads or writes Ember's messages to you in real time.
Ember is designed to be warm, conversational, and to remember things about you across time. It is designed to feel like texting a friend. That design is intentional, and you should understand that it is a design, not a relationship. Ember does not have feelings, consciousness, opinions, memories in any human sense, or any capacity to care about you. It generates text that is statistically likely to be a useful and engaging response.
Ember maintains persistent memory of your conversations. Information you share with Ember, including personal, sensitive, and emotional information, is stored, processed, and used to inform Ember's future responses to you. See our Privacy Policy for details on what we collect, how we store it, how long we keep it, and who has access.
Ember may send you messages you did not solicit, including check-ins, follow-ups, and re-engagement messages. See Section 7 for your rights regarding these messages and how to stop them.
This is important and we want to be direct about it.
Because Ember is designed to feel like a trusted friend, you may be inclined to tell it things you would not tell anyone else. Understand clearly:
If you would not want a record of it to exist, do not send it to Ember.
The Service is available only to individuals who are 18 years of age or older.
By using the Service, you represent and warrant that you are at least 18 years old.
Ember is an AI companion product. It is designed to create an emotionally engaging, persistent, personalized relationship. We have determined that it is not appropriate for minors, and we do not permit them to use it.
We use a combination of measures to identify users who are under 18, which may include:
If we determine, or reasonably suspect, that you are under 18, we will restrict or terminate your access to the Service. We may do this at any time, without prior notice, and at our sole discretion.
We may require you to complete an identity or age verification process through a third-party provider as a condition of continued access. If you decline, we may restrict or terminate your access.
You may not misrepresent your age, provide false age information, or attempt to evade, disable, or circumvent any age assurance measure. Doing so is a material breach of these Terms.
If you are a parent or legal guardian and you believe a minor in your care has used the Service, contact us immediately at privacy@heyember.io. We will act promptly to terminate the account and to address the associated data in accordance with applicable law, including the Children's Online Privacy Protection Act ("COPPA").
Ember is not a replacement for human relationships, friendship, family, community, or professional support.
We designed Ember to be genuinely useful and genuinely pleasant to talk to. We did not design it to be the only thing you talk to. If you find yourself relying on Ember in place of the people in your life, we encourage you to reach out to a person. If you do not have someone to reach out to, the resources at the top of this page are available to you at any hour, at no cost.
Ember does not provide, and does not purport or represent that it provides:
Ember is not a licensed professional. Ember is not supervised by a licensed professional. Ember has no clinical training, no clinical judgment, and no clinical accountability. Nothing Ember says to you constitutes professional advice of any kind, and you should not treat it as such.
Do not delay, avoid, or discontinue professional care because of anything Ember says to you. If you have or suspect you have a medical or mental health condition, consult a qualified licensed professional. If you are currently under professional care, do not change your treatment based on anything Ember says.
Ember can and will produce responses that are inaccurate, incomplete, inappropriate, outdated, or simply false. It can make mistakes. It can misunderstand you. It can be confidently wrong. You are solely responsible for evaluating and verifying anything Ember tells you before you rely on it.
We employ automated systems designed to detect messages indicating risk of suicide, self-harm, or harm to others. We do this so we can respond to it. By using the Service, you consent to this monitoring.
If our systems detect content of this kind, the Service will provide you with crisis resources, including the 988 Suicide & Crisis Lifeline and the Crisis Text Line. We may also restrict certain features of the Service for your account.
Our safety systems are automated, imperfect, and will miss things. They may fail to detect genuine crisis language. They may fire on things that are not crises. They are not a safety net and you must not rely on them as one.
Heart & SOUL does not monitor conversations in real time, does not have clinicians on staff, and cannot and will not dispatch emergency services on your behalf. If you need help, you must seek it yourself, from the resources at the top of this page or from emergency services.
Our protocol for identifying and responding to suicidal ideation and self-harm content is published at heyember.io/safety, in accordance with California Senate Bill 243.
If we believe in good faith that you or another person is at imminent risk of serious harm, we may disclose information, including the contents of your conversations, to law enforcement, emergency services, or other appropriate parties, to the extent permitted or required by law.
By initiating contact with Ember, you consent to receive text messages from Heart & SOUL at the mobile number you used, including messages sent using automated technology. This includes messages we send to you that you did not solicit, such as check-ins, follow-ups, and re-engagement messages.
Consent to receive these messages is not a condition of any purchase.
Message frequency varies and depends on your interaction with the Service. There is no fixed cap.
Message and data rates may apply. Heart & SOUL is not responsible for any charges imposed by your mobile carrier. Contact your carrier for details about your plan.
Ember may message you from any of several phone numbers we operate. Replying STOP to any of them will stop messages from all of them.
Mobile carriers are not liable for delayed or undelivered messages. We do not guarantee delivery of any message, and we do not guarantee that any message you send to Ember will be received.
Your account is identified by your mobile phone number. You are responsible for all activity that occurs through your number. If you change or relinquish your number, notify us so that we do not continue messaging a number that is no longer yours.
You may not use the Service to:
You retain ownership of the content you send to Ember. You grant Heart & SOUL a worldwide, non-exclusive, royalty-free license to use, store, reproduce, process, and create derivative works from that content solely for the purposes of operating, securing, maintaining, and improving the Service, and complying with our legal obligations.
Do not send Ember content you do not have the right to send.
Ember can receive images. Do not send images of other people without their consent. Do not send images of minors. Do not send sexually explicit images of any kind. We may block, refuse, or decline to process any image at our discretion.
If you believe that an intimate image depicting you — or a person you are authorized to act for — has been shared with or through the Service without consent, including a computer-generated or AI-generated image, you may request its removal by emailing safety@heyember.io with enough detail for us to identify the content. A member of our team reviews each request, and a designated point person makes the final determination. We will act to remove access to content we determine in good faith to be a non-consensual intimate image within 48 hours of a valid request, consistent with the TAKE IT DOWN Act. Where we are also required by law to preserve and report content — for example, apparent child sexual abuse material under 18 U.S.C. § 2258A — we will remove public and user access but preserve the content and associated records as required by law.
We may suspend or terminate your access to the Service at any time, for any reason, with or without notice, including if we believe you have violated these Terms, if we believe you are under 18, or if we believe continued use presents a risk to you or to others.
The Service is currently provided free of charge.
We may introduce a paid subscription. If we do, we will notify you clearly before any charge is made, and no charge will occur without your affirmative consent. Pricing, billing terms, renewal terms, and cancellation rights will be disclosed at that time and will be governed by an amendment to these Terms.
The Service, including all software, models, prompts, system design, text generated by Ember, branding, and the name "Ember," is owned by Heart & SOUL and is protected by intellectual property law. These Terms grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial use. Nothing else is granted.
The Service is built on and depends on third parties, including AI model providers, messaging gateways, and cloud infrastructure providers. Your messages are transmitted to and processed by these third parties. Our Privacy Policy identifies them. We are not responsible for the acts or omissions of any third party, and their availability is outside our control.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, HEART & SOUL DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: the Service will be uninterrupted, timely, secure, or error-free; that any message will be delivered; that Ember's responses will be accurate, appropriate, or helpful; that our safety systems will detect any given crisis, or respond to it appropriately; or that use of the Service will produce any particular result.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF YOU ARE IN SUCH A JURISDICTION, SOME OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, HEART & SOUL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT US TO DISCLAIM.
You agree to indemnify and hold harmless Heart & SOUL and its officers, directors, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of your breach of these Terms, your misuse of the Service, your violation of any law, or your violation of the rights of any third party.
Before filing any claim, you agree to contact us at legal@heyember.io and attempt in good faith to resolve the dispute informally for at least 60 days.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles, except where applicable consumer protection law of your state of residence provides otherwise.
Nothing in this Section limits or waives any right that cannot be waived under applicable law, including any right to bring a claim in small claims court, any right to seek public injunctive relief, or any claim that applicable law prohibits from being subject to arbitration or class waiver.
Ember is a "companion chatbot" as that term is used in California Senate Bill 243. Accordingly:
Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Heart & SOUL does not provide, and does not represent that it provides, therapy, psychotherapy, counseling, or professional mental or behavioral health care or services. Ember is not a licensed professional and is not supervised by one. See Section 5.
Ember is an artificial intelligence and not a human being. This disclosure is provided at the outset of your use of the Service and is repeated periodically. Ember is designed to detect expressions of suicidal ideation or self-harm and to refer users to crisis services. See Section 6.3 regarding the limitations of that capability.
Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and Heart & SOUL regarding the Service.
Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.
No waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control.
Heart & SOUL Technologies, Inc.
To stop receiving messages, reply STOP to any message from Ember.