Ember · Heart & SOUL Technologies Inc.
Last updated: October 1, 2026
Effective: These Terms apply to you from the first time you use Ember on or after the date above. If you were already using Ember before that date, they take effect for you 30 days after we first notify you of them, or on the date you expressly accept them, if that is earlier. Continuing to message Ember during those 30 days is not acceptance. Until then, the terms you previously accepted continue to apply.
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. Ember’s replies are produced automatically by a computer program. No person types them. Ember is designed to feel personal and conversational. It is not a person and it is unable to feel human emotion.
2. Ember is for adults 18 and over only. If you are under 18, you may not use Ember. See Section 2.
3. Ember is not a therapist, doctor, lawyer, financial advisor, or licensed professional of any kind. See Sections 3 and 4.
These Terms of Service (“Terms”) are a binding agreement between you and Heart & SOUL Technologies Inc., a Delaware corporation (“Ember,” “we,” “us,” or “our”), governing your access to and use of the Ember service, including our text messaging service delivered through SMS, MMS, iMessage, RCS, and similar channels, our website at heyember.io, and any related applications or features (collectively, the “Service”).
By sending a message to Ember, continuing to exchange messages with Ember, connecting an account, purchasing a paid plan, if we offer one, or 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.
Please read Section 17 carefully. It contains an arbitration agreement and class action waiver that affect how disputes between you and us are resolved. You can opt out of arbitration within 30 days as described in that section.
You must be at least 18 years old to use the Service. By using the Service, you represent that you are at least 18, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Service under the laws of your jurisdiction.
We do not permit minors, and we will remove them. Ember is an AI companion product designed to be emotionally engaging, persistent, and personalized. We have determined that it is not appropriate for minors. We ask your age, and automated systems review your messages for statements that you are under 18. If you do not tell us your age after we have asked, Ember may stop replying until you do. We may add other age checks, including third-party age verification, and may require them of any user at any time. If we determine that you are under 18, we will end your access. If we suspect that you may be under 18, we may review your account and restrict or end your access. In either case, we will handle the associated data as required by law. If you decline an age check we require, we may restrict or terminate your access.
Do not circumvent our age measures. You may not misrepresent your age or attempt to evade, disable, or circumvent any age assurance measure. Doing so is a material breach of these Terms.
Parents and guardians. If you believe a minor in your care has used the Service, contact us at privacy@heyember.io. We will act promptly to terminate the account and address the associated data in accordance with applicable law, including the Children’s Online Privacy Protection Act.
United States only. The Service is designed for, and intended only for, people located in the United States. If you are located anywhere else, do not use the Service.
Ember is artificial intelligence. Ember is a conversational service powered by large language models. When you message Ember, you are communicating with a software system that generates responses automatically. You are not communicating with a human being. Ember is not human and is unable to feel human emotion. Ember’s replies are generated by software, not written by a person in real time. Ember is not a licensed professional and is not an emergency service. We may occasionally send you a service announcement written by our team from one of Ember’s numbers.
We remind you that Ember is AI. Ember tells you it is artificial intelligence, and not a human, at the beginning of each conversation (we are not required to do this more than once a day) and at least every three hours while a conversation continues.
Ember is designed to feel like texting a friend. That is a design, not a relationship. Ember is built to be warm, to remember things about you, and to develop a personality that adapts to you over time. It generates text. It does not have feelings, consciousness, or the capacity to care about you the way a person does.
Ember remembers what you tell it. Ember keeps a persistent memory of your conversations. Information you share, including personal, sensitive, and emotional information, is stored, processed, and used to shape Ember’s future responses to you. See our Privacy Policy for what we collect, how long we keep it, and who has access.
Ember may message you first. Ember may send you messages you did not ask for, including check-ins, follow-ups, reminders, and re-engagement messages. See Section 7 for how to stop them.
Your conversations with Ember are not confidential and not privileged. 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.
Ember is not a professional advisor. Ember does not provide, and must not be relied upon as, financial, investment, tax, legal, medical, nutritional, psychological, psychiatric, or therapeutic advice. Ember is not a licensed financial advisor, broker, attorney, physician, dietitian, therapist, counselor, psychologist, or other credentialed professional, and it is designed not to present itself as one. Ember may use casual words such as coach, trainer, or tutor to describe a style of conversation. Those words are not professional credentials. If Ember ever says or implies that it is a licensed professional, that is an error. Ember is not supervised by a licensed professional, and no communication with Ember creates a professional relationship of any kind.
Ember can be wrong. AI systems produce information that is inaccurate, incomplete, outdated, or entirely fabricated, including information that is presented confidently and in detail. You are responsible for independently verifying anything Ember tells you before acting on it. Do not make financial, health, legal, or other consequential decisions based on Ember’s output without consulting a qualified professional. Do not delay, avoid, or stop professional care because of anything Ember says.
Ember is not a substitute for human relationships or professional care. The Service is designed for engagement and companionship. It is not treatment for any medical or mental health condition. We did not design Ember 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 these Terms are available at any hour, at no cost.
Ember can talk with you about many topics, and we may present some of them as menu choices or as conversational modes (“Modes”). Topics and Modes may include friendship and companionship, relationships and dating, life coaching, personal goals and accountability, nutrition and wellness, fitness and training, studying, money and financial topics, career topics, language learning, and general assistant tasks. A Mode changes what Ember focuses on. It does not change what Ember is. Ember is the same AI system whatever you talk about, with the same limits, and everything in Section 3 applies to every topic and every Mode.
Topics and Modes are informational and conversational in nature only. Specifically:
If you are in immediate danger, contact emergency services. Ember cannot help you in an emergency.
If you are experiencing a medical emergency, a mental health crisis, thoughts of harming yourself or another person, or any situation requiring immediate assistance, stop using the Service and call 911, call or text 988 to reach the Suicide and Crisis Lifeline, or text HOME to 741741 to reach the Crisis Text Line.
We screen for safety. We use automated systems designed to detect messages indicating risk of suicide, self-harm, or harm to others, so that we can respond. By using the Service, you consent to this screening.
Our crisis protocol. We maintain a protocol under which Ember makes reasonable efforts to recognize expressions of suicidal ideation or self-harm and, when it does, responds first with crisis resources, before any AI-generated text, rather than continuing the conversation as normal. A short AI-generated message may follow the resources. If your message is about harming someone else, Ember sends the resources only. We may also restrict certain features for your account. Ember does not repeat the resources on every message. After it has sent them, it may not send them again for a short time, and if you tell Ember to stop sending them, it may stop repeating them. In both cases, Ember is designed to send them again when a new message directly states an intent or plan to harm yourself, or is about harming someone else. You cannot turn off the protocol itself. We publish the details of this protocol at heyember.io/safety.
What the protocol is not. The protocol relies on automated recognition of language and is not a monitoring, surveillance, diagnostic, or intervention service. It will not catch every expression of distress, it may respond to messages that were not intended as expressions of distress, and it operates only within the Service. Do not assume that any person is watching your conversation in real time. We do not have clinicians on staff, and we cannot and will not dispatch emergency services on your behalf. If Ember ever says that it has contacted someone, or that help is on the way, that is an error. It has not. Certain safety signals may be routed to trained members of our team for later review as part of our safety operations. That review does not make Ember a healthcare, mental health, or emergency service. Nothing in this section creates a duty of care to detect, predict, prevent, or respond to any particular risk, and the protocol must never be relied upon in place of contacting emergency services or a qualified professional.
Disclosure to prevent imminent harm. 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. We are not obligated to do so.
Reporting. If you believe someone is at risk, contact emergency services directly. Do not rely on Ember to escalate on your behalf. For safety concerns about the Service itself, email safety@heyember.io.
Your number is your account. Your account is identified by your mobile phone number. You are responsible for the accuracy of the information you provide, for maintaining control of the phone number and any accounts you connect to the Service, and for all activity that occurs through your number. Notify us at hello@heyember.io immediately if you believe your account has been accessed without your authorization.
You may not share your account, transfer it, or allow another person to use it. Each Ember is personal to one user.
Group chats. Ember may be available in group chats. In a group, Ember replies only when someone who already uses Ember addresses it, for example by typing @ember, or follows up shortly after one of Ember’s replies. Everyone in the group can see what you ask and what Ember answers. What you say to Ember in a group is stored and may be remembered like any other message you send. To reply, Ember processes recent messages in that group, including messages from people who do not use Ember and have not agreed to these Terms, and our automated safety screening may also review messages in the group. Do not add Ember to a group, or address it there, unless the other people in the group are comfortable with that. Ember tells the group that it is AI before its first reply there and when someone new joins. If you send STOP in a group, or tell Ember to leave, Ember stops replying in that group for everyone. Ember cannot be turned back on in that group by text. Email hello@heyember.io if you want it restored. Stopping Ember in a group does not change your one-to-one conversation with Ember.
The Service operates primarily through text messaging, including SMS, MMS, iMessage, and RCS.
Consent. By providing your mobile phone number or by messaging Ember, you consent to receive text messages from Ember at that number, including messages generated automatically and sent using automated technology, and messages we send proactively without a prompt from you. Consent to receive marketing messages is not a condition of purchase.
Frequency. Message frequency varies and may be substantial, including unprompted messages from Ember. There is no fixed cap.
Cost. Message and data rates may apply. We are not responsible for charges imposed by your carrier.
Multiple numbers. Ember may message you from any of several phone numbers we operate. In your one-to-one conversation with Ember, a request to stop sent to any of them stops messages from all of them. In a group chat, a request to stop applies only to that group, as described in Section 6.
Withdrawing consent. You may withdraw your consent to receive messages at any time, by any reasonable method that clearly communicates that you no longer wish to receive them. That includes replying STOP, QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE, or OPT OUT, replying in your own words, or contacting us at hello@heyember.io. Replying STOP is the fastest and most reliable way. We do not require you to use any particular method and we do not treat any one method as the only way to opt out. We will honor your request as soon as practicable and in no event later than ten business days after we receive it. After you opt out, we send one message to confirm it. After that we will not message you, with these exceptions: we answer HELP; if you send another opt-out request, we confirm it again; if you opted out in your own words and later text Ember, we may tell you once that you are unsubscribed and how to resume; if a message you send indicates a safety risk, we may send crisis resources; and we may send a one-time notice that the law requires or permits, such as a safety notice or a notice that we have closed an account. To start receiving messages again, reply START or UNSTOP. Because the Service is delivered by message, withdrawing consent ends your ability to use the Service.
Help. Reply HELP at any time, or contact hello@heyember.io, for assistance.
Carrier limitations. Delivery is not guaranteed. Carriers are not liable for delayed or undelivered messages. We do not guarantee that any message you send to Ember will be received.
Number changes. You agree to notify us promptly if you give up, change, or port the mobile number associated with your account, so that we do not continue messaging a number that is no longer yours.
No sharing of messaging consent. We do not sell your mobile number or your text messaging consent, and we do not share them with third parties for their own marketing purposes. As described in Section 9, we send a hashed version of your number to an advertising platform so that we can measure our own advertising.
The Service may offer the ability to connect a Google account so Ember can help you with your Gmail and Google Calendar (“Connected Account Features”). These features are being introduced gradually and may not be available on your account. Depending on the permissions you grant and the features turned on for your account, Ember can read your email and calendar events to answer your questions and point out what matters, write email drafts that are saved to your Gmail Drafts folder, and add events to your Google Calendar. Where we have turned it on, Ember can also send an email or a reply from your account, and change or cancel calendar events that you organize.
Ember asks first. Before Ember saves a draft, sends an email, or adds, changes, or cancels a calendar event, it texts you the details and waits for you to confirm. Ember does not send an email unless you confirm that specific email, and we limit how many emails Ember can send for you each day. A draft does not reach anyone until you send it yourself or confirm that Ember should send it. If a calendar event includes other people, Google may notify them or add the event to their calendars when it is created, and they are notified when Ember changes or cancels it.
Your control. Connecting a Google account is optional. When you connect, we ask in a single request for permission to read your Gmail, to create drafts and send email, and to view and edit your Google Calendar events. Google’s consent screen describes these permissions in its own words, and you choose which to grant. Ember uses them only for the features described in this Section. You may disconnect at any time through your Google Account permissions page at myaccount.google.com/permissions, which revokes our access immediately. You may also email privacy@heyember.io from any address, with the phone number on your account, to ask us to disconnect your Google account, and we will do so within five business days. Disconnecting stops future access and disables features that depend on it. You may also ask us to delete data we obtained from your Google account by emailing privacy@heyember.io. We handle these requests by hand, and we keep the security log described below.
Limited Use. Ember’s use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
Without limiting that commitment:
What we keep from your Google account. We do not keep a copy of your mailbox or your calendar. Ember retrieves emails and events when you ask or when a feature you turned on needs them. We do keep four things. First, Ember’s reply to you is part of your conversation and is stored like any other message. If you ask Ember about an email or an event and Ember describes what it found, that description is kept in your conversation history, may become part of what Ember remembers about you, and is processed by our AI providers as context for later replies. Second, when Ember asks you to confirm an action, we store the details of that action, including the text of a draft or email, for a limited period, currently about 90 days after you confirm or decline it, or after it expires. Third, we keep a security log of the actions Ember takes with your connected account, which can include search terms, recipients, subject lines, and event details, but not the body of an email. Fourth, as described in Section 12, we keep records of the prompts and outputs of the AI models that produce Ember’s replies. When Ember reads an email or event to answer you, the text it read is part of that record. Our personnel will read Google user data only in the cases the Limited Use requirements allow: with your agreement for the specific messages involved (for example, when you ask us for help with a particular conversation), when necessary for security purposes, or to comply with applicable law. If you do not want information from an email or event kept in your conversation history, do not ask Ember about it.
How AI providers are involved. To generate Ember’s responses, relevant content from your connected account is processed by the AI model providers we use. They act on our behalf, only to provide the feature to you, and under terms that do not permit them to use that content for their own purposes or to train their models.
Third parties in your mail and calendar. Your mail and calendar contain information about other people who have not agreed to these Terms. You represent that you have the right to grant us access to that information, and you are responsible for your use of the Service in relation to it.
Accuracy. Ember may misread, miss, or misinterpret messages and events. Ember may also describe its own actions inaccurately, for example by saying that an email was sent when it was only saved as a draft. Check your Drafts and Sent folders and your calendar. Do not rely on Ember as your only record of any communication or commitment.
Other connected accounts. If we offer connections to other providers, such as Microsoft Outlook or a link to a bank or other financial account, the same principles apply: connecting is optional, you can disconnect at any time, we use the data only to provide the features you enabled, and that provider’s own terms also apply to you. What Ember can see and do, and whether other people are notified of what it does, can differ by provider.
The Service relies on third parties, including message delivery providers, cloud hosting and database providers, AI model providers, web search providers, image safety scanning services, error monitoring and analytics providers, the workplace messaging tool our team uses for alerts, an advertising platform we use to measure our advertising, and, if we offer paid plans, a payment processor. Your messages and connected account data are transmitted to and processed by these providers as described in our Privacy Policy. For example: your messages, the images you send, and your voice messages are processed by AI model providers to produce replies, image descriptions, and transcripts; when Ember looks something up, a search query based on your message is sent to a web search provider; images you send are checked by an image safety scanning service; alerts about safety events, which can include short excerpts of messages, are sent to the workplace messaging tool our team uses; and when you first start using Ember, we send an advertising platform a hashed version of your phone number and, if you came from one of our ads, technical details of that visit, such as the ad click identifier, a browser identifier, your IP address, and your browser type, so that we can measure our advertising. We are not responsible for the acts or omissions of third parties, their availability is outside our control, and your use of any third-party service is governed by that party’s own terms.
Ember is free during beta. You can use Ember for free, and while Ember is in beta, free use is not limited. We do not currently sell subscriptions or paid plans.
If we introduce limits or paid plans. We may later limit free use and offer paid plans. Before any limit on free use applies to you, we will tell you in Ember. Before you pay for anything, we will show you the price, the billing period, whether and how the plan renews, and how to cancel. Those terms will form part of these Terms.
No charge without your consent. We will never charge you unless you enter your payment details and affirmatively agree to the plan’s terms at checkout.
Payment processing. Payments will be processed by a third-party payment processor such as Stripe. We do not store your full card number.
You agree not to:
Images and media. Ember can receive images, voice messages, and other media. Voice messages are transcribed, and images are described in text, by AI, and the transcript or description is stored as part of your conversation. Images are also checked by automated safety scanning. 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 or media at our discretion.
Removing non-consensual intimate images. 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. 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. Section 2258A, we will remove user access but preserve the content and associated records as required by law.
Enforcement. We may suspend or terminate access for violations, and may do so without notice where we believe there is a risk of harm to you or to others.
Your messages. You retain ownership of the content you send to the Service, including messages, images, and voice or other media (“User Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display User Content solely to operate, maintain, secure, and improve the Service, to comply with our legal obligations, and as otherwise described in our Privacy Policy.
How we use your conversations. We use your conversations to run Ember for you: to generate replies, to build the memory and personality that make your Ember yours, to keep the Service safe, and to fix and improve the Service. We also keep records of the prompts and outputs of the AI models that produce Ember’s replies, and we use real conversations to test and evaluate the quality and safety of Ember. That includes having AI models from our providers review Ember’s replies, and using conversations to generate simulated test conversations.
Model training. We do not use your conversations to train generalized artificial intelligence models, and we do not sell your conversations. The AI model providers we use process your messages to generate responses under terms that do not permit them to train their models on your content. We may use de-identified or aggregated information, which does not identify you, to understand and improve the Service. If this ever changes, we will tell you in advance and give you a choice. Data received through Google APIs is separately and absolutely excluded from model training under Section 8.
Your responsibility. You represent that you have the rights necessary to submit your User Content and that it does not violate these Terms or any third-party right. Do not send Ember content you do not have the right to send.
Ember’s responses. Subject to these Terms and to applicable law, you may use the responses Ember generates to you for your own personal, non-commercial purposes. Responses are generated automatically and may be similar or identical to responses provided to other users. We make no representation that any response is original or free of third-party rights.
Feedback. If you send us ideas or feedback about the Service, we may use them without restriction or compensation to you.
Our collection and use of personal information is described in our Privacy Policy at heyember.io/privacy, which is incorporated into these Terms by reference.
The Service, including its software, models, prompts, system design, branding, trademarks, and the name “Ember,” is owned by us and our licensors and is protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial purposes in accordance with these Terms. All rights not expressly granted are reserved.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL 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 MESSAGES WILL BE DELIVERED, THAT DATA WILL NOT BE LOST, THAT ANY OUTPUT WILL BE ACCURATE, COMPLETE, APPROPRIATE, OR SUITABLE FOR ANY PURPOSE, 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, so parts of this section may not apply to you, and you may have additional rights.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
THESE LIMITATIONS APPLY TO ANY DECISION YOU MAKE OR ACTION YOU TAKE BASED ON OUTPUT GENERATED BY THE SERVICE.
Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you. 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.
17.1 Talk to us first. Before starting any arbitration or court case, you agree to send a written notice to legal@heyember.io that includes your name, the phone number on your account, a description of the dispute, and what you want us to do about it. We will do the same if we have a dispute with you, using the contact information we have for you. You and we agree to try in good faith to resolve the dispute informally for at least 60 days after the notice is received. Any statute of limitations is paused during that period.
17.2 Agreement to arbitrate. If we cannot resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, and not in court, except as set out in Section 17.3. The Federal Arbitration Act governs this Section 17. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at adr.org. The arbitration may be conducted by phone, by video, on written submissions, or in person in the county where you live. Payment of fees will be governed by the AAA rules. If your claim is for $10,000 or less and is not frivolous, we will reimburse your filing fee. The arbitrator may award the same individual relief a court could. Judgment on the award may be entered in any court with jurisdiction. This Section 17 does not apply to any lawsuit or arbitration that was already filed before you accepted it.
17.3 Exceptions. Either of us may bring an individual claim in small claims court. Either of us may seek injunctive relief in court to stop the infringement or misuse of intellectual property. This Section 17 does not apply to any claim that applicable law does not allow to be arbitrated, and nothing in these Terms waives any right that cannot be waived under applicable law, including any right to seek public injunctive relief. If a claim for public injunctive relief cannot be arbitrated, it will be decided in court after the arbitration of all other claims.
17.4 Class action and jury trial waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY. If this waiver is found unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court and the rest will proceed in arbitration.
17.5 Mass arbitration. If 25 or more similar demands for arbitration are filed against us by the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules will apply, and you and we agree to cooperate in good faith with the AAA on a staged process to resolve the claims efficiently.
17.6 Your right to opt out. You may opt out of this agreement to arbitrate by emailing legal@heyember.io with the subject line “Arbitration Opt-Out” and your name and the phone number on your account, within 30 days after you first accept these Terms. If you were already using Ember before the “Last updated” date at the top of these Terms, you have 60 days from the date we first notify you of these Terms. Opting out does not affect any other part of these Terms.
17.7 Governing law and courts. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles, except where the consumer protection law of your state of residence provides otherwise. For any dispute that is not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Delaware, except that you may bring a small claims case in the county where you live.
17.8 Changes to this section. If we change this Section 17 after you have accepted it, other than a change to our contact address, you may reject the change by emailing legal@heyember.io within 30 days of the change, in which case the prior version of this section will continue to apply to you.
You agree to indemnify and hold harmless Heart & SOUL Technologies Inc. and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from your misuse of the Service, your User Content, your violation of these Terms, or your violation of any law or third-party right.
You may stop using the Service at any time by replying STOP or by contacting hello@heyember.io. We may suspend or terminate your access at any time, with or without notice, including for violations of these Terms, if we believe you are under 18, if we believe continued use presents a risk to you or to others, or where we discontinue the Service.
On termination, your license to use the Service ends. Sections 3, 4, 5, 10, 12, 13, 14, 15, 16, 17, 18, 19, 21, and 22 survive, along with any other provision that by its nature should survive.
Data retention and deletion after termination is described in our Privacy Policy. You may ask us to delete your data at any time by emailing privacy@heyember.io with the phone number on your account. We handle deletion requests by hand and will respond within the time the law requires. We keep some records where the law requires or permits it, such as records of opt-outs and records we must keep for safety and legal compliance.
We may update these Terms. If we make material changes, we will provide notice through the Service, by message to your registered number, or by email, at least 30 days before the changes take effect, and we will update the “Last updated” date above. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service and cancel any paid plan you have.
California residents. Ember is a “companion chatbot” as that term is used in California Senate Bill 243. Accordingly: Ember is an artificial intelligence and not a human being, and this disclosure is repeated within the Service. Ember may not be suitable for some users, including minors, and is restricted to users 18 and over. Our protocol for responding to suicidal ideation and self-harm content is published at heyember.io/safety. 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.
New York residents. Ember is an artificial intelligence and not a human being. Ember tells you this at the beginning of each conversation (we are not required to do this more than once a day) and at least every three hours while a conversation continues. Ember is designed to detect expressions of suicidal ideation or self-harm and to refer users to crisis services. See Section 5 regarding the limitations of that capability.
Illinois, Nevada, and Utah residents. We do not provide, and do not represent that we provide, 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 Sections 3 and 4.
Entire agreement. These Terms, together with the Privacy Policy and any paid plan terms shown to you at checkout, are the entire agreement between you and us regarding the Service.
Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions remain in effect, except as stated in Section 17.4.
No waiver. Our failure to enforce a provision is not a waiver.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
Force majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including outages at carriers, messaging platforms, cloud providers, or AI model providers.
Electronic communications. You agree that we may send you notices and agreements electronically, including by text message, and that these satisfy any legal requirement that a communication be in writing.
Heart & SOUL Technologies Inc.
c/o Harvard Business Services, Inc.
16192 Coastal Highway
Lewes, DE 19958
Phone: (970) 432-1812
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