Terms of Service
Thank you for using Ember (the "Service"), an application provided by WorkHive Inc. (the "Company," "we," "us," or "our"). These Terms of Service (these "Terms") set out the conditions for using the Service and the rights and obligations between the Company and each person who uses the Service ("you" or "User").
By accessing or using the Service, you agree to be bound by these Terms. These Terms apply to all Users, so please read them carefully before using the Service. If you do not agree to these Terms, please do not use the Service.
Article 1 (Use of the Service)
1. You must agree to these Terms in order to use the Service. If you do not agree to these Terms, you may not use the Service.
2. You may use the Service only through the official interfaces and procedures we provide, and only for purposes permitted by these Terms and by applicable laws, regulations, and generally accepted practices. If we reasonably determine that you are using the Service by improper means, or that you are not complying with these Terms or any other rules or policies we establish, we may suspend your access to the Service.
3. You may use third-party services that we permit in connection with the Service (including signing in through a third-party account). We allow the use of such third-party services only to the extent you have accepted them. You must comply with the terms of those third-party services, and, except where the Company is at fault, we are not responsible for any damage, dispute, or other matter arising from your use of them.
Article 2 (No Warranty; Changes to the Service)
1. The Service is provided on an "as-is" and "as-available" basis. We do not warrant that the Service is free from defects, bugs, or other faults, and we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
2. We do not warrant the accuracy, currency, or truthfulness of any information provided through the Service, including responses generated by AI. Such information is provided on the assumption that you will verify it yourself. The Service is not a substitute for professional medical, psychological, legal, or financial advice.
3. We may change the content or specifications of the Service, or all or part of the information provided through it, and may suspend or discontinue the Service, at any time without prior or subsequent notice to you. However, where a material change is made to a paid service, we will endeavor to notify you a reasonable period in advance.
4. The Service is not designed for use in emergencies. If you are experiencing a medical or mental health emergency, or are thinking about harming yourself or others, do not use the Service to seek help. Contact your local emergency services or a crisis helpline immediately.
Article 3 (Eligibility and Restrictions on Use)
1. To use the Service, you must register an account as we prescribe. We may restrict, or attach conditions to, the use of some features for Users who have not completed account registration (and, for certain features, even for registered Users).
2. You may not use the Service in the following cases:
3. You must be at least 13 years old to use the Service, or older if the laws of the country or region where you reside require a higher minimum age to consent to the use of an online service. If you are a minor under the laws of the country or region where you reside, you may use the Service only with the consent of a parent or legal guardian.
4. We reserve the right to refuse service to anyone for any reason at any time.
Article 4 (Account Information)
1. When registering an account, you represent that the information you provide is true, accurate, and current (except where we permit fictitious information), and you must update it yourself if it changes. If you provide inaccurate or false information, we may suspend or delete your account.
2. You are solely responsible for keeping your sign-in credentials secure. Any use of the Service through your account will be deemed to be use by you.
3. We may access your account for the purpose of operating and maintaining the Service.
Article 5 (Fees and Payment)
1. Part of the Service is available free of charge. By subscribing to a paid plan, you can use the full Service as a paid service.
2. Subscription Plans. Paid plans offered on a recurring basis are referred to as "Subscription Plans." Subscription Plans are purchased through the in-app purchase systems provided by Apple Inc. or Google LLC.
3. Billing and Renewal. Subscriptions are billed in advance for the subscription period shown at the time of purchase (for example, one month or one year), starting on the date your purchase is completed. Your subscription automatically renews for the same period at the same price unless you cancel it at least 24 hours before the end of the current period. The renewal fee is charged to your Apple ID or Google account within 24 hours before the end of the current period. You can cancel from the account settings of the relevant app store.
4. Free Trials. We may offer free trial periods for Subscription Plans. Unless you cancel before the end of the trial, you will be charged for the subscription when the trial ends. We may modify or cancel free trial offers at any time.
5. Fees and Changes. The content and fees of paid services are displayed in the Service or on our website. If we change the fees, we will announce the change in the Service or on our website at least two weeks before it takes effect. Price changes for purchases made through an app store are subject to the procedures and policies of that store.
6. Cancellation and Refunds. If you cancel during a subscription period, you can continue to use the paid service until the end of that period. Except where required by law, subscription fees are non-refundable. Refunds are handled in accordance with the policies of the Apple App Store or Google Play, and we do not process refunds directly.
7. Payment Processors. We may use third-party payment processors for payment and information processing. By using them, you also agree to their terms and conditions. Except in cases of our willful misconduct or gross negligence, we are not liable for disputes arising from such third-party services.
8. Promotions. Any promotions are subject to their own rules, which prevail over these Terms in the event of a conflict.
Article 6 (Prohibited Conduct)
You must not engage in any of the following conduct when using the Service. If we reasonably determine that you have engaged in any of the following, we may, without prior notice, take any measures we reasonably deem necessary, including suspending or discontinuing all or part of the Service, suspending or deleting your account, and deleting User Content.
Article 7 (Company Content and User Content)
1. All data, software, information, and other materials that we provide through the Service ("Company Content"), and the intellectual property rights in them, belong to the Company or to third parties who have licensed them to us. You are permitted to view Company Content and to use it only in the ways we individually permit, and you do not acquire any intellectual property rights in Company Content.
2. We have no obligation to back up data you store on servers we manage. You are responsible for backing up your own data.
3. Ember is a private journaling and reflection service, and we respect and protect your privacy. You retain ownership of all intellectual property rights in the content you create or submit to the Service, such as journal entries, messages, and voice recordings ("User Content"). By submitting User Content, you grant the Company a non-exclusive, royalty-free, worldwide license to store, process, reproduce, adapt, and display your User Content solely to the extent necessary to provide, maintain, and protect the Service for you (including generating AI responses and reflections from your entries). We do not use your User Content to train AI models, and we will not publish, distribute, or otherwise use your User Content for any other purpose. For details on how we handle your information, please read our Privacy Policy.
4. You represent and warrant that you lawfully hold the rights necessary to submit your User Content and that it does not infringe the copyright or any other rights of any third party. Please take sufficient care when submitting User Content. If a third party objects to your User Content, we may take any measures we reasonably deem necessary, including removing it, even if you have a lawful right to use it.
5. We may review User Content for compliance with these Terms, and may remove or restrict User Content that we reasonably determine to be inappropriate.
Article 8 (Suspension of the Service)
We may, without prior notice, suspend or discontinue all or part of the Service, suspend or delete your account, delete User Content, or take any other measures we reasonably deem necessary, in the following cases:
Article 9 (Changes to and Termination of the Service)
1. We are constantly improving the Service. We may add or remove features, and may suspend or terminate all or part of the Service.
2. You may stop using the Service and delete your account at any time. We may likewise stop providing the Service to you, or add or newly impose restrictions on the Service, at any time.
3. If you delete your account, you can restore it by signing in again within 30 days of deletion. After that period, you will no longer be able to access the Service, and your data stored on our servers cannot be recovered. We may delete your data after that period.
4. Deleting your account does not automatically cancel any auto-renewing subscription purchased through an app store operated by Apple Inc., Google LLC, or others. You must cancel the subscription yourself through the relevant app store.
Article 10 (Limitation of Liability; Indemnity)
1. Where we cause you damage through negligence other than willful misconduct or gross negligence, we are liable, regardless of the cause of action, only for direct and actual damages (excluding indirect, special, and consequential damages and lost profits), up to a maximum of JPY 10,000.
2. Where we cause you damage through willful misconduct or gross negligence, we are liable, regardless of the cause of action, for ordinary direct and actual damages (excluding lost profits).
3. Any trouble or dispute arising between you and another User, or between you and a third party, in connection with the Service must be handled and resolved at your own responsibility. Except where the Company is at fault, we bear no responsibility for such matters.
4. We are not responsible for any advertisements or affiliate links displayed in the Service, for transactions on or the accuracy of information in third-party services linked from them, or for any trouble or damage arising in such third-party services. You use third-party services at your own risk.
5. You agree to indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, and third-party service providers from any losses, liabilities, damages, claims, and expenses, including reasonable legal fees, arising out of or related to your violation of these Terms or your infringement of the rights of any third party.
6. Nothing in this Article limits any liability that cannot be limited under applicable law, and this Article does not apply to the extent it is held invalid under the Consumer Contract Act of Japan or any other applicable law.
Article 11 (Exclusion of Anti-Social Forces)
1. You represent and warrant that you are not, have never been, and will not become a member of an anti-social force (meaning organized crime groups, their members, persons who ceased to be members within the past five years, associate members, affiliated companies, corporate racketeers, groups engaging in criminal activities under the pretext of social movements, crime groups specializing in intellectual crimes, and other similar persons), and that you will not engage in violent, fraudulent, threatening, or obstructive conduct, or any other conduct that violates or may violate the law.
2. If you breach the preceding paragraph, we may suspend your use of the Service or delete your registration without prior notice. We bear no responsibility for any disadvantage or damage you suffer as a result.
Article 12 (Conflicting Terms)
Separate terms may apply to specific features of the Service ("Individual Terms"). If these Terms conflict with any Individual Terms, the Individual Terms prevail unless otherwise specified.
Article 13 (Changes to These Terms)
1. We may amend these Terms in accordance with the provisions of the Civil Code of Japan on the modification of standard terms of contract, where the amendment conforms to the general interests of Users, or where the amendment does not contradict the purpose of these Terms and we determine that it is necessary, reasonable, and supported by reasonable grounds (for example, to reflect changes to the law or to the Service).
2. When we amend these Terms, we will notify Users of the content of the amendment and its effective date a reasonable period in advance, by posting on our website or by another reasonably appropriate method. The amended Terms take effect on that effective date.
3. Where we amend these Terms other than under paragraph 1, we will notify Users by the method described in the preceding paragraph and obtain your consent. Even if we cannot obtain your express consent, you will be deemed to have agreed to the amended Terms if, after such notice, you use the Service without reservation or do not delete your account within a reasonable period. Please review these Terms regularly.
Article 14 (Announcements and Notices)
We will communicate matters relating to the Service by posting them on our website or by sending an email to the address you have registered with the Service.
Article 15 (Subcontracting)
We may, at our discretion, subcontract all or part of our obligations under these Terms to third parties.
Article 16 (No Assignment)
1. You may not assign, transfer, pledge, or otherwise dispose of your status under the agreement to use the Service, or your rights or obligations under these Terms, to any third party without our prior written consent.
2. If we transfer the business relating to the Service to another company, we may transfer to the transferee our status under the agreement to use the Service, our rights and obligations under these Terms, and your registration information and other customer information, and you hereby consent in advance to such transfer. "Business transfer" in this paragraph includes not only an ordinary business transfer but also a company split and any other case in which the business is transferred.
Article 17 (Governing Law, Jurisdiction, and Language)
1. These Terms are governed by and construed in accordance with the laws of Japan. Any dispute arising out of or in connection with the Service between the Company and you is subject to the exclusive jurisdiction of the Osaka Summary Court or the Osaka District Court as the court of first instance.
2. If you are a consumer, nothing in these Terms deprives you of the protection of any mandatory consumer protection laws of the country or region where you reside, including, where those laws so provide, the right to bring proceedings in the courts of that country or region.
3. If you reside in Japan, the Japanese version of the Terms of Service applies to you, and this English version is provided for reference only. If you reside outside Japan, this English version applies to you.
Contact Us
If you have any questions about these Terms, please contact us at hello@workhive.dev.