Terms of Service

These terms are an agreement between you and Furstenburg Digital LLC, a Florida limited liability company ("we", "us"), about your use of the Emberly app and this website. They also serve as the app's end user license agreement. By downloading or using Emberly, you accept them. We've tried to write them so an actual person can read them; the plain-English summaries aren't a substitute for the full text, but they're honest.

1. Who can use Emberly

You need to be at least 13 years old. If you're under 18, you need a parent or guardian's permission, and any purchase must be made under their supervision through Apple's family features or with their consent. Emberly is currently offered in the United States.

2. Emberly is not medical advice

The educational content in the app (such as the phase companion) is general information, not advice about you specifically.

3. Your license to use the app

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use Emberly on Apple-branded devices that you own or control, as permitted by the App Store terms. You may not copy, sell, rent, redistribute, or sublicense the app; reverse engineer or decompile it except where the law says we can't stop you; use it to build a competing dataset or service; or remove any legal notices.

4. Trial, purchase, and refunds

• Free trial. Emberly offers a free 30-day trial with every feature included. When it ends, continued use of the app requires the one-time unlock purchase. Your data remains yours and on your device either way, and exporting a backup remains available even without a purchase.
• One-time unlock. The unlock is a single $9.99 purchase (price shown in the App Store at the time of purchase controls) tied to your Apple account. It is not a subscription: nothing renews and there are no recurring charges. It covers your personal devices signed into that Apple account; use "Restore Purchases" in Settings to bring it to a new device.
• Payments and refunds are handled by Apple. Apple is the merchant of record for all purchases. Refund requests go through Apple at reportaproblem.apple.com and are decided under Apple's policies, not ours. We never see your payment details.

5. Your data and your responsibility for backups

Everything you enter into Emberly is stored on your device, as described in our Privacy Policy. That design means we cannot recover your data for you: if you delete the app, lose the phone, or clear your data without a backup, it is gone and we have no copy. The app gives you a one-tap backup tool; using it now and then is your job, and we'd genuinely encourage it.

6. Ownership and feedback

Emberly, including its code, design, name, and content, belongs to Furstenburg Digital LLC and is protected by intellectual property laws. Your data belongs to you. If you send us ideas or feedback, you agree we can use them to improve the app without owing you anything; that's the only sense in which we "take" feedback.

7. As-is, and the limits of our liability

Emberly is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the app will be error-free or uninterrupted, or that predictions will match your body's actual cycle.

To the fullest extent the law allows, Furstenburg Digital LLC will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost data, arising from your use of the app. Our total liability for any claim relating to Emberly is capped at the greater of the amount you paid us in the twelve months before the claim or fifty dollars ($50). Some states don't allow certain exclusions or limits, so parts of this section may not apply to you; nothing in these terms takes away rights the law says you always have.

8. Indemnification

If your misuse of the app or violation of these terms causes a third party to bring a claim against us, you agree to indemnify us for the reasonable costs and damages that result.

9. Termination

You can end this agreement anytime by deleting the app. We can end your license if you materially violate these terms. Sections about ownership, disclaimers, liability, and disputes survive termination. Since your data is on your device, termination of the license doesn't delete your data; that's always in your hands.

10. Terms that Apple requires

Because Emberly is distributed through the App Store, the following applies:

• This agreement is between you and Furstenburg Digital LLC only, not with Apple Inc. Apple is not responsible for the app or its content.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims are our responsibility.
• We, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and consumer protection or similar claims.
• In the event of a third-party claim that the app infringes intellectual property rights, we, not Apple, are responsible for its investigation, defense, settlement, and discharge.
• You represent that you are not located in a country subject to a U.S. government embargo or designated as "terrorist supporting", and that you are not on any U.S. government list of prohibited or restricted parties.
• You must comply with applicable third-party terms (for example, your wireless carrier's) when using the app.
• Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.
• Questions and support requests go to us: support@furstenburgdigital.com.

11. Export control and government users

You may not use or export the app in violation of U.S. export laws. If the app is acquired on behalf of the U.S. government, it is "commercial computer software" provided with only those rights granted to all other users under these terms.

12. Governing law and disputes

These terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any dispute that can't be resolved informally will be brought in the state or federal courts located in Florida, and both sides consent to that venue. Before filing anything, write to us; almost everything can be fixed with an email, and refunds are Apple's department anyway.

13. Housekeeping

If part of these terms is found unenforceable, the rest still applies. These terms plus the Privacy Policy are the entire agreement about Emberly. If we don't enforce a provision, we haven't waived it. You may not assign this agreement; we may assign it as part of a sale or reorganization of the business.

14. Changes to these terms

If we change these terms in a way that matters, we'll update this page, change the date at the top, and note the change in the app's release notes. Continuing to use Emberly after a change means you accept the new terms.

15. Contact

Furstenburg Digital LLC
support@furstenburgdigital.com