Terms of Service for Aether Ember

Last Updated: April 13, 2026

Effective Date: March 12, 2026

1. Acceptance of Terms

By downloading, installing, or using Aether Ember (the “App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

These Terms constitute a binding legal agreement between you and Aether Ember (“we,” “our,” or “us”).

2. Description of Service

Aether Ember is a focus timer application designed for iOS and watchOS devices. The App provides:

Configurable focus timers
Thought capture and categorization
Integration with Apple Reminders and Notes
Widgets and Live Activities
Optional ADHD-supportive features

Important: Aether Ember is a productivity tool, not a medical device. It is not intended to diagnose, treat, cure, or prevent any disease or medical condition, including ADHD.

3. Eligibility

You must be at least 13 years old to use Aether Ember. By using the App, you represent and warrant that:

You are at least 13 years of age
You have the legal capacity to enter into these Terms
You are not prohibited from using the App under applicable laws

If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4. License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

Download and install the App on devices you own or control
Use the App for personal, non-commercial purposes
Access and use the features and functionality of the App

This license does not include:

Modifying, reverse engineering, or creating derivative works
Distributing, sublicensing, or transferring the App
Using the App for any illegal or unauthorized purpose
Removing copyright or proprietary notices

5. App Store Terms

These Terms are between you and Aether Ember, not Apple Inc. However, your use of the App is also subject to:

The Apple App Store Terms of Service
Apple’s Usage Rules

You acknowledge that Apple has no obligation to provide maintenance or support for the App.

6. User Content

6.1 Your Content

“User Content” includes thoughts you capture, session names, and any text input you provide.

6.2 Ownership

You retain ownership of your User Content. We claim no rights to your thoughts, notes, or personal data.

6.3 Storage

User Content is stored locally on your device. We do not upload, access, or store your User Content on our servers.

6.4 Responsibility

You are solely responsible for your User Content. You represent that:

You have the right to create and store the content
Your content does not violate any third-party rights
Your content complies with applicable laws

7. Prohibited Conduct

You agree not to:

Use the App for any illegal purpose
Attempt to gain unauthorized access to any part of the App
Interfere with or disrupt the App’s functionality
Use automated systems to access the App
Copy, modify, or create derivative works of the App
Remove or alter proprietary notices
Use the App to harass, abuse, or harm others

8. Health Disclaimer

8.1 Not Medical Advice

Aether Ember is not a medical device and does not provide medical advice, diagnosis, or treatment. The App is designed as a general productivity tool.

8.2 No Doctor-Patient Relationship

Use of the App does not create a doctor-patient relationship. Always seek the advice of qualified health providers for medical conditions.

8.3 Emergency Situations

The App is not for emergencies. If you are experiencing a medical or mental health emergency, contact emergency services immediately.

9. Intellectual Property

9.1 Our Rights

Aether Ember and all related content, features, and functionality are owned by us and protected by:

Copyright laws
Trademark laws
Patent laws
Other intellectual property rights

9.2 Trademarks

“Aether Ember” and related logos are our trademarks. You may not use them without written permission.

9.3 Feedback

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.

10. Third-Party Services

The App integrates with Apple services (Reminders, Notes, Siri). Your use of these services is subject to:

Apple’s Terms of Service
Apple’s Privacy Policy
Any applicable third-party terms

We are not responsible for:

The availability of third-party services
Changes to third-party terms or functionality
Data handled by third parties after you dispatch content to them

11. Termination

11.1 By You

You may stop using the App at any time. Deleting the App terminates your license.

11.2 By Us

We may suspend or terminate your access if you violate these Terms. We will provide notice where possible.

11.3 Effect of Termination

Upon termination:

Your license to use the App ends
Your local data remains on your device until you delete it
Provisions that by their nature should survive termination will survive

12. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

To the fullest extent permitted by law, we disclaim:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy or reliability of results
Uninterrupted or error-free operation

We do not warrant that:

The App will meet your requirements
The App will be available at all times
Errors will be corrected
The App is free of viruses or harmful components

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

We shall not be liable for:

Indirect, incidental, special, or consequential damages
Lost profits, revenue, data, or goodwill
Damages resulting from your use or inability to use the App
Damages from unauthorized access to your data
Damages from third-party services or content

Our total liability shall not exceed $50.

14. Indemnification

You agree to indemnify and hold harmless Aether Ember and its officers, directors, employees, and agents from any claims arising from:

Your use of the App
Your violation of these Terms
Your violation of any third-party rights
Your User Content

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, contact us to attempt informal resolution.

15.2 Arbitration

Any dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Exceptions: You or we may bring claims in small claims court. Either party may seek injunctive relief in court.

15.3 Class Action Waiver

You agree to resolve disputes on an individual basis. You waive any right to participate in class actions, class arbitrations, or representative actions.

15.4 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

Updating the “Last Updated” date
Providing notice in the App
Sending email if you provided one

Continued use after changes constitutes acceptance. If you disagree with changes, stop using the App.

17. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

18. Entire Agreement

These Terms constitute the entire agreement between you and Aether Ember regarding the App, superseding prior agreements.

19. Contact Information

For questions about these Terms, contact us:

Email: legal@madewithaether.com

Apple-Specific Terms

If you downloaded the App from the Apple App Store, the following additional terms apply:

Acknowledgment: These Terms are between you and Aether Ember, not Apple.
Scope of License: The license is limited to use on Apple-branded products you own or control.
Maintenance: Apple has no obligation to furnish maintenance or support.
Warranty: In case of failure to conform to warranty, you may notify Apple for a refund. Apple has no other warranty obligations.
Claims: Apple is not responsible for addressing claims relating to the App or your use of it.
IP Infringement: In case of third-party IP infringement claims, Apple is not responsible.
Compliance: You represent that you are not located in a U.S.-embargoed country and are not on any U.S. government restricted parties list.
Third-Party Terms: You must comply with applicable third-party terms when using the App.
Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

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