Terms and Conditions

Version 1.0
Effective Date: January 5, 2026

Last Updated: January 5, 2026

1. ACCEPTANCE OF TERMS

Welcome to Ember ("Service," "Application," or "App"), operated by Aether Creations LLC ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

2. ELIGIBILITY AND AGE REQUIREMENTS

2.1 Age Restriction

You must meet the minimum age requirements set by Apple's App Store in your jurisdiction to use Ember. By using the Service, you represent and warrant that you meet these age requirements.

2.2 Geographic Restrictions

The Service is available in certain geographic regions as determined by our third-party service providers and applicable legal requirements. Access to certain features or subscription plans may be subject to restrictions based on your geographic location. We reserve the right to restrict or modify access based on your location to comply with applicable laws and third-party requirements.

2.3 Legal Capacity

You represent and warrant that you have the legal capacity to enter into these Terms and to form a binding contract under applicable law.

3. DESCRIPTION OF SERVICE

Ember is a task management and productivity application that allows users to organize their work and tasks effectively. The Service provides task management, light project management capabilities, and data synchronization across your devices.

4. USER ACCOUNTS

4.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Account Security

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Payment failures
• Accounts inactive for 24 months (with prior email notification)

5. CONTENT OWNERSHIP AND LICENSING

5.1 Your Content Ownership

You retain all rights to content you create through the Service (tasks, notes, projects, etc.). We do not claim ownership of your content.

5.2 License to Us

By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to host, store, and display your content as necessary to provide the Service.

5.3 Responsibility for Content

You are solely responsible for the content you create and store in Ember and for your use of that content. This includes:

• Ensuring compliance with all applicable laws and regulations
• Using appropriate discretion and judgment before sharing or distributing content
• Ensuring content doesn't infringe on third-party rights

6. PROHIBITED USES

You agree not to use the Service in any manner that:

6.1 Legal Violations

• Violates any applicable local, state, national, or international law or regulation
• Infringes upon intellectual property rights, privacy rights, or other proprietary rights of others
• Relates to child exploitation or abuse in any form
• Facilitates illegal activities or violations of law
• Depicts or facilitates violence, terrorism, or violent extremism
• Promotes self-harm or facilitates dangerous activities
• Constitutes hate speech, harassment, bullying, intimidation, or abuse of others

6.2 System Abuse

• Attempts to bypass, disable, or interfere with security features
• Uses automated tools or bots to access or interact with the Service
• Attempts to reverse engineer, extract, or replicate any component of the Service

We reserve the right to investigate and take appropriate action against anyone who violates these prohibitions.

7. SUBSCRIPTION AND PAYMENT

7.1 Free Trials

We may offer free trial periods for new users. Trial details, including duration and features available, will be clearly communicated at the time of sign-up. Trials may automatically convert to paid subscriptions unless cancelled before the trial period ends.

7.2 Pricing Changes

We reserve the right to modify our pricing at any time. Price changes will be communicated via email at least 30 days in advance and will apply to subsequent billing cycles.

7.3 Payment Processing

Payments are processed through the Apple App Store. We do not store your payment information. All billing and refund policies are subject to Apple's App Store terms and policies.

7.4 Refund Policy

Refunds are handled according to Apple's App Store refund policies. Please contact Apple Support for refund requests.

8. DATA COLLECTION AND PRIVACY

We collect and process data necessary to provide and improve the Service, including account information, usage data, task content, and device information.

8.1 Data Retention and Deletion

We retain data as necessary to operate the Service and comply with legal obligations. Upon account deletion, your account information is permanently deleted immediately. Task content may be retained only in fully anonymized, non-recoverable aggregate form that cannot be linked back to individual users, except where retention is required by law.

8.2 Privacy Policy

For comprehensive details on how we collect, use, store, and protect your personal information, please review our Privacy Policy. The Privacy Policy is incorporated by reference into these Terms and provides the authoritative description of our data practices.

9. USER RIGHTS UNDER GDPR/CCPA

9.1 Your Rights

Depending on your location, you may have the following rights:

• Right to Access: Request access to your personal data
• Right to Rectification: Request correction of inaccurate data
• Right to Erasure: Request deletion of your personal data
• Right to Data Portability: Request a copy of your data in a portable format
• Right to Object: Object to certain processing of your data
• Right to Restrict Processing: Request limitation of data processing

9.2 Exercising Your Rights

To exercise these rights, contact us at the email address provided in Section 20. We will respond to verified requests within the timeframes required by applicable law.

10. SERVICE AVAILABILITY AND MODIFICATIONS

10.1 Service Availability

We strive to provide reliable Service but do not guarantee uninterrupted or error-free access. The Service is provided "as is" without warranties of any kind.

10.2 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Service at any time
• Change or remove features without prior notice
• Implement usage limits or restrictions as needed

10.3 Scheduled Maintenance

We may perform scheduled maintenance that temporarily interrupts Service availability. We will attempt to provide advance notice when possible.

10.4 Offline Functionality

The Service is designed to function offline after initial sign-in. However, certain features may require an internet connection. Data created offline will synchronize when connectivity is restored.

11. LIMITATION OF LIABILITY

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use of or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any bugs, viruses, or other harmful code that may be transmitted through the Service
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Service

11.3 Maximum Liability

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Aether Creations LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Content you create, upload, or share through the Service
• Your violation of any applicable laws or regulations

13. MODIFICATIONS TO TERMS

13.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you via email at least 30 days before the changes take effect.

13.2 Continued Use

Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service.

13.3 Notification Method

We will send notifications of Terms changes to the email address associated with your account. It is your responsibility to ensure your email address is current.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to conflict of law principles. However, if you are a resident of the European Union or California, certain mandatory consumer protection laws of your jurisdiction may also apply.

14.2 Jurisdiction

Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in North Carolina, and you consent to the personal jurisdiction of such courts.

14.3 Dispute Resolution

Before filing any formal legal action, you agree to first contact us at the email address in Section 20 to attempt to resolve the dispute informally.

15. THIRD-PARTY SERVICES

15.1 Third-Party Integration

The Service relies on third-party services to provide functionality such as data storage, synchronization, and authentication. By using the Service, you acknowledge that:

• Your data may be processed by third-party service providers
• These providers have their own terms of service and privacy policies
• We have no control over the availability or performance of third-party services

15.2 No Responsibility

We are not responsible for the availability, accuracy, or content of third-party services. We do not endorse or assume any responsibility for any third-party services.

16. INTELLECTUAL PROPERTY

16.1 Our Intellectual Property

The Service, including its design, features, functionality, and underlying technology, is owned by Aether Creations LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

16.2 Trademarks

"Ember" and associated logos are trademarks of Aether Creations LLC. All rights reserved. You may not use "Ember," our logos, or any confusingly similar names or marks without our prior written consent. This includes use in:

• Domain names or URLs
• Business names or product names
• Marketing materials or advertisements
• Any manner that suggests affiliation, endorsement, or sponsorship

16.3 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by Aether Creations LLC.

17. TERMINATION

17.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Upon termination, you will no longer have access to your account or any associated data.

17.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.

17.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• All licenses granted to you will terminate
• We may delete your account and data in accordance with our data retention policy

The following sections survive termination: Sections 5 (Content Ownership and Licensing), 6 (Prohibited Uses), 9 (User Rights Under GDPR/CCPA), 11 (Limitation of Liability), 12 (Indemnification), 14 (Governing Law and Dispute Resolution), 16 (Intellectual Property), and 18 (General Provisions).

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms constitute the entire agreement between you and Aether Creations LLC regarding the Service and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

18.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Aether Creations LLC.

18.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, or failures of third-party services.

19. PLATFORM EXPANSION

While Ember is currently available for iOS devices, we plan to expand to macOS and iPadOS in the future. Additional terms may apply to those platforms when they become available.

20. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Aether Creations LLC
Ember
4030 Wake Forest Road, Suite 349
Raleigh, NC 27609
United States

Email: contact@embertask.app

By using Ember, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.