📄 Terms of Service

Last updated: July 11, 2026

These Terms of Service (the “Terms”) are a legal agreement between you and Ember Technologies, Inc. and its affiliates and subsidiaries as may change from time to time (collectively, “Ember,” “we,” “us,” and “our”). These Terms apply to the Ember website (https://ember.com), Ember app, Ember internet-connected products (e.g., mugs or accessories), and the services available through and connected to them (collectively, the “Services”).

IMPORTANT NOTICE: IF YOU ARE A UNITED STATES RESIDENT, DISPUTES ABOUT THESE TERMS AND THE EMBER SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER FOR RESIDENTS OF THE UNITED STATES” SECTION BELOW.

You acknowledge and agree that, by accessing or using any part of the Services or by uploading or posting any User Content in connection with the Services, you, your heirs, and assigns (collectively “you”) are indicating that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including applicable export and re-export control laws and regulations. If you do not agree to these Terms, then you must stop accessing or using the Services.
1. Information About Us

The Services that link to these Terms are controlled and operated by Ember, and our mailing address is 4607 Lakeview Canyon Rd., #409, Westlake Village, CA 91361, in the United States of America.
2. Eligibility and Scope

To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and able to agree to these Terms. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf. If Ember has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.
3. Account Registration and Use

Account Registration and Confidentiality. You may be required to create an account to use parts of the Services. During the registration process, you must select a password and provide us with additional information. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your account and password.
Unauthorized Account Use. You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. Ember will not be liable for any loss, damages, liability, expenses, or lawyers’ fees that you may incur as a result of someone else using your password or account.

4. Our Proprietary Rights

The Services are owned and operated by Ember and contain materials (including all software, design, text, editorial materials, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks, and service marks) that are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws.

You agree to protect the proprietary rights of Ember and all others having rights in the Services. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type shall, as between you and Ember, at all times be and remain the sole and exclusive property of Ember. Any unauthorized use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy, and publicity.
5. User Content and Submissions

User Content and Posts. The Services may enable you to submit, post, upload, or otherwise make available content such as reviews, ratings, pictures, videos, questions, comments, ideas, designs, features, plans, and other feedback (collectively, “User Content”).
Our License to User Content. When you Post User Content on or through the Services, you grant Ember a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future. Ember does not provide any compensation, in either cash or product, for User Content submitted to Ember.
User Content Representations. You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You agree that you will indemnify, defend, and hold harmless Ember for all claims resulting from User Content you Post.
User Content Review. Ember and its designees may or may not, at Ember’s discretion, pre-screen User Content before its appearance on the Services. Ember reserves the right in its sole discretion to reject, move, edit, or remove any User Content that violates these Terms or is otherwise objectionable.

6. License and Prohibited Conduct

Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own internal, personal, or non-commercial use, and only in a manner that complies with all legal requirements that apply to you. Ember may revoke this license at any time, in its sole discretion.
Prohibited Uses. Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not post User Content that harasses, abuses, or threatens any other person, or that contains obscene content, or use the Services in any way that violates the rights of others or applicable law.

7. Purchases and Payments

When you place an order through the Services, you agree to pay all charges incurred in connection with your purchase, including applicable taxes and shipping and handling charges, at the prices in effect at the time the order is placed. We may choose not to accept orders at our sole discretion. All prices, discounts, and promotions posted on the Services are subject to change without notice.
8. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EMBER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMBER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED. EMBER’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE PRODUCTS PURCHASED THROUGH THE SERVICES, OR (B) ONE HUNDRED DOLLARS ($100).
10. Indemnification

You agree to indemnify, defend, and hold harmless Ember and its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your use of the Services, (b) your User Content, or (c) your breach of these Terms.
11. Mandatory Arbitration and Class Action Waiver for Residents of the United States

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. If you are a United States resident, you and Ember agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, and not in court. You and Ember agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitration will be administered by a nationally recognized arbitration provider in accordance with its commercial arbitration rules then in effect. The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. You may opt out of this Arbitration Agreement by notifying us in writing within 30 days of first accepting these Terms.
12. Modifications to These Terms

We may revise these Terms to reflect changes to the Services, our users’ needs, our business priorities, or changes in laws and regulations. We will give you notice of such revisions in accordance with legal requirements. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.
13. Governing Law

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
14. Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, without affecting the validity and enforceability of any remaining provisions.
15. Contact Us

Questions about these Terms should be sent to us at [email protected], or by mail at:

Ember Technologies, Inc.

4607 Lakeview Canyon Rd., #409

Westlake Village, CA 91361, United States