Terms of Service

Effective Date: February 25, 2026

Welcome to Ember

These Terms of Service ("Terms") govern your use of the Ember mobile application ("Service") operated by SummIT Consultancy, a Belgian company.

The Simple Version: We want you to use Ember to improve your digital wellness. Be respectful, follow local laws, and don't try to break our app. We'll do our best to keep the service running smoothly.

1. Accepting These Terms

By using Ember, you agree to these Terms. If you don't agree, please don't use the app.

• You must be at least 16 years old to use Ember
• If you're using the app on behalf of an organization, you represent that you have authority to bind that organization to these Terms

2. Description of Service

Ember is a digital wellness app designed to help you:

• Maintain focus during work or study sessions with a customizable timer
• Enjoy calming ambient soundscapes
• Track your focus habits with session history, streaks, and achievements

Service Tiers

Free Tier:

• 3 soundscapes (Rain, Forest, White Noise), one at a time
• Preset focus session durations
• 7-day session history
• 1 achievement
• Local data storage only

Ember Pro:

• All soundscapes with multi-track mixing
• Custom focus session durations (1–180 minutes)
• Unlimited session history
• All achievements
• Pricing: €3.99/month, €29.99/year, or €59.99 lifetime
• Monthly and annual plans include a 7-day free trial

3. Anonymous Use

Ember does not require account creation. There is no sign-up, no email, and no password. All your data stays local to your device. Subscriptions are managed entirely through the Apple App Store and are associated with your Apple ID, not with any Ember account.

4. Subscription Terms

Auto-Renewal

• Subscriptions automatically renew unless you cancel
• You'll be charged 24 hours before the current period ends
• Manage subscriptions in your Apple App Store account settings (Settings > Apple ID > Subscriptions)

Free Trials

• New users may receive free trial periods
• You can cancel anytime during the trial to avoid charges
• Cancellation takes effect at the end of the current billing period

Cancellation

• Cancel anytime through your app store account settings
• No refunds for partial months (EU law provides exceptions — see Consumer Rights below)
• You keep access until the end of your current billing period

Price Changes

• We may change subscription prices with 30 days' notice
• Current subscribers keep their price for one additional billing cycle
• You can cancel before the price change takes effect

5. EU Consumer Rights

As an EU consumer, you have additional protections:

14-Day Cooling-Off Period

• You can cancel any purchase within 14 days for a full refund
• Applies even after starting to use the service
• Request refunds through your app store or contact us directly

Right of Withdrawal

• Cancel subscriptions anytime without penalty
• Refunds processed within 14 days

Unfair Terms Protection

EU consumer law overrides any unfair terms in this agreement.

6. Acceptable Use

You may use Ember to:

• Improve your focus and productivity
• Run timed focus sessions with ambient soundscapes
• Track your focus habits and streaks

You may not:

• Attempt to hack, reverse engineer, or break the app
• Use the app for any illegal activities
• Scrape or extract data from the service
• Violate intellectual property rights

7. Intellectual Property

Our Rights

• Ember app, design, and content are owned by SummIT Consultancy
• You receive a limited license to use the app, not ownership
• Our trademarks and logos remain our property

Your Rights

• You own any data you create in the app
• You grant us permission to process your data as described in our Privacy Policy
• You can export your data anytime

8. Service Availability

Ember is designed as a local-first application. Core features — including the focus timer, soundscapes, session tracking, and streaks — run entirely on your device and do not depend on our servers. These features are available offline and are not affected by network or server issues.

A network connection is only used for subscription status verification via RevenueCat and the Apple App Store. We do not guarantee uninterrupted availability of this function. Temporary unavailability may result from Apple App Store or RevenueCat service issues (outside our control) or force majeure events.

We make no uptime commitments. Where EU law provides you with remedies for extended non-conformity of a digital service, those rights apply regardless of anything stated here — see Section 5 (EU Consumer Rights).

9. Limitation of Liability

What we're responsible for:

• Providing the service as described
• Protecting your data according to our Privacy Policy
• Following applicable consumer protection laws

What we're not responsible for:

• Indirect damages (lost profits, data loss not caused by us)
• Service interruptions beyond our reasonable control
• Third-party content or services
• Your device compatibility issues

Maximum liability: Our total liability is limited to the amount you paid in the 12 months before the incident.

Note: EU consumer law may provide additional protections that override these limitations.

10. Termination

You Can Terminate

• Cancel your subscription anytime
• Delete the app to remove all local data
• Stop using the service at any time

We Can Terminate

• If you violate these Terms
• If we discontinue the service (we'll give 90 days' notice)
• If required by law

What Happens After Termination

• You lose access to Premium features immediately
• Your data is deleted according to our Privacy Policy retention schedule
• Outstanding payments remain due

11. Changes to Terms

We may update these Terms occasionally:

• We'll notify you 30 days before significant changes
• Continued use after changes means you accept the new Terms
• If you don't agree, you can cancel your subscription

12. Governing Law and Disputes

These Terms are governed by Belgian law and EU consumer protection regulations.

Dispute Resolution

1. Contact us first: Email ember@eliasvandenberg.be to resolve issues directly
2. Mediation: We'll participate in mediation if direct resolution fails
3. Courts: Belgian courts have jurisdiction for legal disputes
4. EU Online Dispute Resolution: For EU consumers: ec.europa.eu/consumers/odr

Class Actions

You retain the right to participate in class action lawsuits under applicable EU law.

13. Contact Information

Questions about these Terms?

• Email: ember@eliasvandenberg.be
• Business registration: 0740.788.208 (Belgian Enterprise Number), Antwerpen, Belgium