Effective Date: November 1, 2025
Last Updated: November 1, 2025
Company: Ember Relationship Labs, Inc. (Delaware C-Corp)
Contact: support@ember.date

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE EMBER WEBSITE, MOBILE APPLICATION, OR SERVICES (COLLECTIVELY, THE "SERVICES") IN ANY WAY, YOU REPRESENT THAT:

1. You have read, understand, and agree to be bound by these Terms of Use ("Terms");
2. You are at least 18 years of age and of legal age to form a binding contract;
3. You have the authority to enter into these Terms personally or on behalf of any entity you represent; and
4. You will comply with all applicable laws and regulations.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

The term "you" or "User" refers to the individual or legal entity using the Services. "Ember," "we," "our," or "us" refers to Ember Relationship Labs, Inc.

These Terms govern two distinct user types:

• Regular Users: Individuals seeking romantic matches through our AI-driven matchmaking service
• Partner Portal Subscribers: Professional matchmakers and matchmaking businesses who subscribe to access our Partner Portal to find candidates for their own clients

Specific provisions may apply to each user type as indicated throughout these Terms.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ SECTION 18 CAREFULLY.

Ember uses artificial intelligence to generate profiles, recommendations, and matches. We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content. By using the Services, you acknowledge and accept that AI-generated content may contain errors, reflect biases, or produce unexpected results. You assume all responsibility for decisions based on AI recommendations.

We reserve the right to modify these Terms at any time at our sole discretion. When changes are made, we will update the "Last Updated" date and may notify you via email, in-app notification, or by posting a notice on our website. Material changes may require your affirmative acceptance before continued use. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms. Please regularly check this page to review the current Terms.

The Services are intended solely for users who are at least 18 years of age. By using the Services, you represent and warrant that you are 18 years or older. We do not knowingly collect information from or direct the Services to anyone under 18. If we learn that a user is under 18, we will immediately terminate their account and delete their information.

To use certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the security and confidentiality of your login credentials
• Immediately notify us of any unauthorized access to or use of your account
• Accept responsibility for all activities that occur under your account
• Not create more than one account
• Not create an account on behalf of another person without authorization
• Not create an account if you have been previously banned or removed from the Services

We reserve the right to suspend or terminate any account that contains false, inaccurate, or incomplete information, or that violates these Terms.

You are solely responsible for maintaining the confidentiality of your password and account. You agree to:

• Use a strong, unique password
• Not share your password with any third party
• Not allow others to access your account
• Log out from your account at the end of each session on shared devices

Ember will not be liable for any loss or damage arising from unauthorized account access due to your failure to maintain account security.

By using the Services, you represent and warrant that:

• You are legally permitted to date under the laws of your jurisdiction
• You are using the Services for bona fide relationship-seeking purposes
• Your use is not for entertainment only, research, data collection, or any commercial purpose not authorized by Ember

By registering for the Services, you represent and warrant that:

• You have never been convicted of a felony
• You are not required to register as a sex offender with any government entity
• You have not been convicted of any crime involving violence, abuse, harassment, or fraud

Ember reserves the right to conduct criminal background checks at any time using available public records or third-party services. However, Ember does not guarantee that background checks will be conducted on all users. Providing false information regarding your criminal history is grounds for immediate account termination and may result in legal action.

Ember uses proprietary artificial intelligence, algorithms, and personality assessment tools to:

• Generate user profiles based on conversational interactions with EmberAI
• Analyze personality traits, preferences, and compatibility factors
• Recommend potential romantic matches
• Facilitate introductions between compatible users

Ember's primary method of gathering user information is through conversational interactions with EmberAI. By using the Services, you acknowledge and consent to:

• Recording of conversations with EmberAI (text and/or voice)
• Collection and analysis of voice recordings and voice-derived biometric data
• Transcription and storage of conversational content
• Use of conversational data to improve matching algorithms and Services

You may request deletion of voice recordings and conversational data as described in our Privacy Policy.

Users are required to have at least one "in-app photo" taken through the Ember application. This photo:

• Will be shared with potential matches and Partner Portal subscribers
• Must be a current, accurate representation of you
• Must comply with our Photo Guidelines (Section 6.4)
• May be subject to verification or moderation

Users will complete personality assessments, quizzes, and questionnaires as part of the Ember experience. Results may be:

• Displayed to potential matches in visual or text format
• Shared with Partner Portal subscribers
• Used to improve matching algorithms
• Stored as part of your profile data

After being matched, users can communicate through in-app messaging. You agree to:

• Use messaging features respectfully and lawfully
• Not share personal contact information prematurely (see Section 6.6)
• Not use messaging for commercial solicitation, spam, or harassment
• Report inappropriate behavior immediately

Ember reserves the right to monitor, review, or terminate messaging privileges for Terms violations.

Ember makes no guarantees regarding:

• The number or quality of matches you will receive
• Your compatibility with any match
• The accuracy of personality assessments or AI-generated profiles
• Whether you will meet, date, or form a relationship with any match
• The conduct, intentions, or truthfulness of other users

All matches and information provided through the Services are for informational purposes. You assume all risks associated with meeting or interacting with other users.

Professional matchmakers and matchmaking businesses may subscribe to the Ember Partner Portal to access:

• Photos and AI-generated profiles of Ember users
• Visual and textual representations of user personality assessments
• User demographic and preference information
• Tools to identify potential candidates for their own paying clients

Partner Portal subscribers are independent businesses with no employment, agency, or partnership relationship with Ember. Subscribers may include:

• Independent professional matchmakers
• Matchmaking agencies or services
• Advisors or investors in Ember (who may have business relationships with Ember beyond the subscription)

Ember is not responsible for the conduct, services, or business practices of Partner Portal subscribers.

Partner Portal subscribers may access Regular User data solely for the purpose of:

• Identifying potential candidates for their own clients
• Facilitating introductions between their clients and Ember users
• Providing matchmaking services to their clients

Partner Portal subscribers agree to:

• Maintain confidentiality of all user data accessed through the Portal
• Use data only for legitimate matchmaking purposes
• Comply with all applicable privacy laws and regulations
• Not share, sell, or disclose user data to unauthorized third parties
• Delete user data when no longer needed for matchmaking purposes

Regular Users: By using the Services, you acknowledge and consent that your profile information, photos, and personality assessment results may be shared with Partner Portal subscribers for matchmaking purposes.

If a Partner Portal subscriber identifies you as a potential candidate for one of their paying clients, and you have NOT already provided your approval to share your contact information and be contacted by our Partners, we will:

1. Notify you of the potential opportunity
2. Ask if you would like to be introduced to the matchmaker
3. Share your personal contact information and detailed profile with the matchmaker

You may opt out of Partner Portal sharing at any time by contacting support@ember.date or adjusting your privacy settings.

If Ember identifies you as a potential paying client for a professional matchmaker, and you have NOT already provided your approval to share your contact information and be contacted by our Partners, we may:

• Introduce you to the matchmaker with your consent
• Share your profile and information with the matchmaker upon your approval
• Facilitate the matchmaker's outreach to discuss their services with your consent

You are under no obligation to engage with or pay for any matchmaker's services. Any agreements, payments, or services between you and a matchmaker are separate from your relationship with Ember.

Partner Portal subscribers must:

• Maintain current and valid business credentials as a professional matchmaker
• Conduct their matchmaking services ethically and professionally
• Comply with all applicable laws, including consumer protection and privacy laws
• Compensate Ember as agreed in the Ember Professional Services Agreement, which must be valid when using the Partner Portal or engaging with any referred clients.
• Not misrepresent their relationship with Ember
• Indemnify Ember for any claims arising from their matchmaking services

Ember reserves the right to terminate any Partner Portal subscription at any time for violations of these Terms or for any other reason.

Ember may offer various payment structures, including but not limited to:

• Subscription-based access (monthly, annual, or other periods)
• Pay-per-introduction or pay-per-match fees
• Pay-per-feature or premium feature access
• Tiered pricing plans
• Freemium models with optional paid upgrades
• Partner Portal subscription fees for professional matchmakers

Pricing and payment terms will be clearly disclosed at the time of purchase or subscription.

By providing payment information, you authorize Ember to charge:

• All applicable fees for your selected plan or features
• Automatic renewal charges (unless you cancel before the renewal date)
• Applicable taxes, surcharges, or fees

Subscriptions automatically renew unless you cancel before the renewal date. You are responsible for canceling your subscription if you do not wish to be charged for the next billing period.

All sales are final. Ember does not offer refunds except:

• As required by applicable law
• In cases of billing errors or unauthorized charges
• At Ember's sole discretion on a case-by-case basis

You agree that the Services are provided "as-is" and that your satisfaction with matches, results, or experiences does not entitle you to a refund.

Ember reserves the right to change pricing at any time. We will provide notice of price changes on the Ember website at the point of purchase.

Continued use of the Services after a price change constitutes acceptance of the new pricing.

You are responsible for all applicable taxes associated with your purchase, except for taxes based on Ember's net income. Prices displayed may not include all applicable taxes, which will be added at checkout where required by law.

5.1 Identity Verification

Ember may use various identity verification processes and third-party vendors or partners to verify user identities. This may include:

• Document verification (driver's license, passport, etc.)
• Facial recognition technology
• Social media account verification
• Phone number verification
• Other verification methods

You agree to cooperate with verification requests and provide accurate information and documentation.

5.2 Background Checks Conducted by Ember

Ember reserves the right, but is not obligated, to conduct criminal background checks or other screenings (such as sex offender registry searches) on any user at any time using:

• Available public records
• Third-party consumer reporting agencies
• Other lawful sources

By using the Services, you authorize Ember to conduct such background checks and acknowledge that if we use a consumer reporting agency, you authorize us to obtain and use a consumer report about you to determine your eligibility under these Terms.

5.3 Background Checks by Partner Portal Subscribers

Partner Portal subscribers may conduct their own background checks on Ember users they are considering as candidates for their clients. You acknowledge and consent that:

• Matchmakers may conduct criminal background checks, credit checks, or other screenings
• Such checks are the sole responsibility of the matchmaker, not Ember
• Matchmakers must comply with all applicable laws, including the Fair Credit Reporting Act

5.4 No Guarantee of Screening

EMBER DOES NOT GUARANTEE THAT ALL USERS HAVE BEEN SCREENED OR VERIFIED. Background checks and identity verification are conducted at Ember's discretion and may not be performed on all users. The absence of verification or screening does not indicate that a user is safe, trustworthy, or honest.

5.5 Disclosure of Findings

If a background check reveals disqualifying information, Ember may:

• Terminate your account immediately
• Refuse to provide Services to you
• Report findings to law enforcement if required by law

Ember will comply with all applicable laws regarding disclosure of consumer report information.

6. USER CONDUCT AND CONTENT

6.1 User Responsibilities

You agree to use the Services in a lawful, respectful, and appropriate manner. You will not:

• Violate any local, state, national, or international law or regulation
• Impersonate any person or entity, or falsely state or misrepresent your identity, age, or affiliation
• Harass, threaten, stalk, intimidate, assault, defame, or otherwise violate the rights of others
• Use the Services for any commercial purpose without Ember's prior written consent
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Use any automated system (bots, scrapers, etc.) to access the Services
• Attempt to gain unauthorized access to the Services, other user accounts, or computer systems or networks
• Transmit any viruses, malware, or other malicious code
• Collect or harvest personal information about other users without consent
• Post or transmit any unsolicited advertising, promotional materials, spam, or other forms of solicitation
• Engage in any activity that could damage, disable, overburden, or impair the Services

6.2 Prohibited Content

You agree not to post, upload, transmit, or share Content (defined below) that:

• Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or discriminatory
• Depicts or promotes violence, self-harm, suicide, or dangerous activities
• Contains nudity, sexually explicit material, or sexual solicitation
• Infringes on any intellectual property rights or other proprietary rights
• Contains personal information of others (phone numbers, addresses, etc.) without consent
• Is false, misleading, or fraudulent
• Promotes illegal drugs or substances
• Violates any applicable laws or regulations

6.3 Profile Information

You agree that all information you provide in your profile and conversations with EmberAI will be:

• Truthful, accurate, and current
• Not misleading or fraudulent
• Your own information (not impersonating someone else)

You agree to:

• Use only photos of yourself (no photos of other people, children, celebrities, etc.)
• Post only photos taken within the past two years
• Update your profile if material information changes (appearance, marital status, location, etc.)

6.4 Photo Guidelines

Your primary photo must:

• Clearly show your face
• Be recent (taken within the past two years)
• Be of you alone (no group photos as primary photo)
• Not contain nudity, sexually suggestive content, or explicit material
• Not contain hate symbols, offensive gestures, or illegal content
• Not be heavily filtered or edited to misrepresent your appearance
• Not violate anyone's intellectual property rights

The required "in-app photo" must comply with all above guidelines and may be used for identity verification purposes as well as representing a recent image of you on the Ember platform.

6.5 User Content and License Grant

"Content" means any information, text, photos, videos, messages, profiles, or other materials you post, upload, or transmit through the Services.

By submitting Content, you grant Ember a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to:

• Use, reproduce, distribute, modify, adapt, create derivative works from, publicly display, and publicly perform your Content
• Use your name, likeness, voice, and persona in connection with your Content
• Incorporate your Content into other works in any format or medium
• Use your Content for any purpose related to the Services, including marketing, advertising, and promotional purposes

This license continues even if you stop using the Services or delete your account, except that Ember will make reasonable efforts to remove publicly visible Content after account deletion.

You retain ownership of your Content, but you grant Ember the broad license described above. You represent and warrant that:

• You own or have the necessary rights to grant this license
• Your Content does not violate any third-party rights
• Your Content complies with these Terms and applicable laws

6.6 Circumvention Prohibition

You acknowledge that Ember has a proprietary interest in the matches and introductions facilitated through the Services. You agree not to circumvent or attempt to circumvent Ember's platform or fee structure by:

• Contacting matches outside the Ember platform during the active matching period
• Searching for matches on social media, professional networks, or other platforms for the purpose of avoiding Ember's fees
• Exchanging personal contact information prematurely to continue communication outside Ember
• Using information obtained through Ember to facilitate relationships without paying applicable fees

This prohibition applies during your active use of the Services and for 90 days after:

• You receive a match introduction from Ember for which you have not paid any match or subscription fee
• Your subscription ends
• Your account is terminated

Violation of this provision constitutes a material breach and may result in immediate termination of your account and liability for damages, including but not limited to all fees you would have paid had you not circumvented the platform.

Exception: After you and a match have both agreed to exchange contact information through Ember's platform and any applicable waiting periods have passed, you may communicate outside the platform.

7. SAFETY AND RISK ASSUMPTION

7.1 Your Safety is Paramount

Ember cares about your safety but cannot guarantee it. You assume all risks when using the Services, including risks associated with online and offline interactions with other users.

7.2 Safety Precautions

You agree to take all necessary precautions when interacting with other users, including:

Before Meeting in Person:

• Tell a friend or family member where you are going and who you are meeting
• Meet in a public place for initial meetings
• Arrange your own transportation
• Do not share your home address or workplace until you are comfortable
• Do not share financial information or account details
• Trust your instincts—if something feels wrong, leave

During Conversations:

• Do not send money or financial assistance to anyone you meet on Ember
• Be wary of requests for money, gifts, or financial help
• Watch for red flags: inconsistent stories, reluctance to meet, requests for money
• Do not share intimate photos or videos
• Report suspicious behavior immediately

7.3 User Interactions Disclaimer

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. You understand and acknowledge that:

• Ember does not conduct background checks on all users and cannot verify the truthfulness of user profiles
• Ember makes no representations or warranties regarding the conduct, intentions, identity, or compatibility of any user
• Ember does not guarantee that users are who they claim to be or that profile information is accurate
• Other users may be married, in relationships, or have misrepresented their identity, age, or intentions
• Other users may have criminal histories, abusive tendencies, or harmful intentions

7.4 No Liability for User Conduct

IN NO EVENT SHALL EMBER BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES, including without limitation:

• Bodily injury, assault, or physical harm
• Emotional distress, psychological harm, or trauma
• Property damage or theft
• Financial loss or fraud
• Defamation, harassment, or stalking
• Death
• Any other damages resulting from communications or meetings with other users

7.5 Reporting Obligations

You agree to promptly report to Ember:

• Any threats, harassment, or abusive behavior
• Any user who appears to be misrepresenting their identity
• Any user who requests money or financial information
• Any suspected criminal activity
• Any violations of these Terms by other users

Reports should be sent to support@ember.date with detailed information about the incident.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ember's Proprietary Technology

The Services and all underlying technology, including but not limited to:

• Software, algorithms, and artificial intelligence systems
• Website design, graphics, logos, and user interface
• Personality assessments, quizzes, and evaluation tools
• Matching algorithms and methodologies
• EmberAI conversational technology
• Trademarks, service marks, and trade names ("Marks")

are owned by Ember or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License to Users

Subject to your compliance with these Terms, Ember grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the Services for personal, non-commercial purposes
• View Content made available through the Services

This license does not include any right to:

• Use the Services for commercial purposes
• Copy, modify, distribute, sell, or lease any part of the Services
• Reverse engineer, decompile, or disassemble the Services
• Extract or harvest data from the Services using automated means
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Create derivative works based on the Services

All rights not expressly granted are reserved by Ember.

8.3 Marks and Branding

The Ember name, logo, and all related names, logos, product and service names, designs, and slogans are Marks of Ember or our affiliates or licensors. You may not use such Marks without our prior written permission. Other names, logos, and brands are the property of their respective owners.

8.4 Third-Party Intellectual Property

If you believe that any Content on the Services infringes your copyright or other intellectual property rights, please submit a notice to our designated agent:

Copyright Agent
Ember Relationship Labs, Inc.
Email: legal@ember.date
Subject Line: "Copyright Infringement Notice"

Your notice must include:

• Identification of the copyrighted work or intellectual property claimed to be infringed
• Identification of the allegedly infringing material and its location on the Services
• Your contact information (name, address, telephone number, email)
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

False claims of infringement may result in liability for damages under applicable law.

8.5 Repeat Infringer Policy

Ember will terminate accounts of users who are repeat infringers of intellectual property rights.

9. THIRD-PARTY SERVICES AND LINKS

9.1 Third-Party Services

The Services may integrate with or provide access to third-party services, such as:

• Payment processors
• Identity verification providers
• Social media platforms
• Background check services
• Analytics providers

Your use of third-party services is governed by their respective terms of service and privacy policies. Ember is not responsible for the practices, policies, or content of third-party services.

9.2 Links to External Websites

The Services may contain links to external websites or resources. These links are provided for your convenience only. Ember does not endorse, control, or assume responsibility for any third-party websites or their content.

You access third-party websites at your own risk and should review their terms and privacy policies.

9.3 No Warranty for Third-Party Services

Ember makes no warranties or representations regarding third-party services or websites and is not liable for:

• The availability, accuracy, or content of third-party services
• Any products or services obtained from third parties
• Any damages arising from your use of third-party services

10. FEEDBACK AND SUBMISSIONS

10.1 Voluntary Feedback

If you provide Ember with any feedback, suggestions, ideas, comments, or other input regarding the Services ("Feedback"), you grant Ember a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose without any obligation to you.

10.2 No Confidentiality

All Feedback is considered non-confidential and non-proprietary. Ember has no obligation to:

• Keep Feedback confidential
• Compensate you for Feedback
• Respond to or acknowledge Feedback
• Implement or use Feedback

10.3 No Obligation

By submitting Feedback, you acknowledge that Ember may already be developing or may develop in the future products, services, or features similar to your Feedback, and you waive any claims based on similarities to your Feedback.

11. MODIFICATIONS TO SERVICES

11.1 Right to Modify

Ember reserves the right, at our sole discretion, to:

• Modify, suspend, or discontinue the Services (or any part thereof) at any time
• Change features, functionality, or availability of the Services
• Update software, algorithms, or matching methodologies
• Add or remove payment options or pricing plans
• Impose limits on certain features or restrict access to parts of the Services

11.2 No Obligation to Update

Ember has no obligation to update, maintain, or support the Services. We may cease providing the Services at any time without notice.

11.3 No Liability for Changes

Ember will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. Changes may affect your ability to access Content, matches, or features. It is your responsibility to regularly back up or export any Content you wish to retain.

11.4 Beta Features

Ember may offer beta or experimental features. These features are provided "as-is" and may:

• Contain bugs or errors
• Be discontinued without notice
• Function differently than described
• Not be available to all users

You use beta features at your own risk.

12. TERMINATION

12.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your account settings
• Contacting support@ember.date with a termination request

Upon termination, your subscription will not renew, but you will not receive a refund for any unused portion of a paid subscription unless required by law.

12.2 Termination by Ember

Ember reserves the right to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including:

• Violation of these Terms
• Providing false or misleading information
• Fraudulent or illegal activity
• Abusive, harassing, or inappropriate conduct
• Non-payment of fees
• Suspicious or unusual activity
• At our sole discretion for any reason or no reason

12.3 Effect of Termination

Upon termination:

• Your access to the Services will be immediately revoked
• Your profile will be removed from public view
• Your matches and messages may become inaccessible
• You must cease all use of the Services
• You remain liable for any obligations incurred before termination

Ember may retain certain information as described in our Privacy Policy and as required by law.

12.4 Prohibition on New Accounts

If your account is terminated for violations of these Terms, you are prohibited from creating a new account under your name, a fictitious name, or through any other means. Attempting to circumvent a termination is a violation of these Terms and may result in legal action.

12.5 Survival

The following sections survive termination of these Terms: Sections 6.5 (User Content License), 8 (Intellectual Property), 10 (Feedback), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 18 (Dispute Resolution), and any other provisions that by their nature should survive.

13. DISCLAIMERS AND WARRANTIES

13.1 "AS-IS" and "As-Available" Basis

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, Ember disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of the Services or Content
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties that defects will be corrected
• Warranties regarding results, matches, or outcomes

13.2 AI-Generated Content Disclaimer

EMBER MAKES NO WARRANTIES REGARDING AI-GENERATED CONTENT. You acknowledge that:

• AI algorithms may produce inaccurate, incomplete, or biased results
• Profile generation may not accurately reflect your personality or preferences
• Matching recommendations may not result in compatible matches
• Personality assessments may contain errors or misinterpretations
• AI technology is evolving and may change over time

You assume all risks associated with relying on AI-generated content and matches.

13.3 No Guarantee of Matches or Results

EMBER DOES NOT GUARANTEE:

• That you will receive any matches
• The quality, compatibility, or suitability of any matches
• That you will meet, date, or form relationships with matches
• That matches will accurately represent themselves
• That you will achieve any particular result from using the Services

13.4 User Verification Disclaimer

EMBER DOES NOT GUARANTEE THAT USERS HAVE BEEN VERIFIED OR SCREENED. Background checks and identity verification are conducted at Ember's discretion and may not cover all users. The absence of verification does not indicate trustworthiness.

13.5 Partner Portal Subscribers

EMBER MAKES NO WARRANTIES REGARDING PARTNER PORTAL SUBSCRIBERS or the services they provide. Ember does not endorse, guarantee, or assume responsibility for:

• The qualifications, expertise, or conduct of matchmakers
• The quality of matchmaking services provided by subscribers
• The success of introductions made by matchmakers
• Any agreements or transactions between you and matchmakers

13.6 Third-Party Services

Ember makes no warranties regarding third-party services, websites, or content accessed through the Services.

13.7 No Advice or Warranties from Communications

No advice or information, whether oral or written, obtained by you from Ember or through the Services will create any warranty not expressly stated in these Terms.

13.8 Jurisdictional Variations

Some jurisdictions do not allow disclaimers of implied warranties. In such jurisdictions, the above disclaimers may not apply to you, and Ember's liability will be limited to the greatest extent permitted by law.

14. LIMITATION OF LIABILITY

14.1 Exclusion of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, EMBER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND LICENSORS (COLLECTIVELY, "EMBER PARTIES") SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenues, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the Services
• Damages resulting from unauthorized access to or alteration of your Content
• Damages resulting from interactions with other users (online or offline)
• Damages resulting from AI-generated content or matching recommendations
• Damages resulting from Partner Portal subscribers or their services
• Damages resulting from third-party services or websites
• Damages resulting from termination or suspension of your account

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (contract, tort, negligence, strict liability, or otherwise) and EVEN IF EMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EMBER PARTIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO:

• The amounts you have paid to Ember in the twelve (12) months preceding the claim; or
• One hundred dollars (US $100.00), whichever is greater

14.3 Basis of the Bargain

You acknowledge and agree that the disclaimers and limitations in these Terms reflect a reasonable allocation of risk and are fundamental elements of the agreement between you and Ember. The Services would not be provided to you without these limitations.

14.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations may not apply to you, and Ember's liability will be limited to the maximum extent permitted by applicable law.

14.5 No Liability for Force Majeure

Ember Parties will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, pandemics, or public health emergencies
• War, terrorism, riots, or civil unrest
• Internet failures, telecommunication failures, or power outages
• Government actions, orders, or regulations
• Labor disputes or strikes
• Failures of third-party service providers
• Hacking, cyberattacks, or security breaches beyond our control

15. INDEMNIFICATION

15.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless Ember Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorneys' fees and costs) arising from:

1. Your use or misuse of the Services
2. Your violation of these Terms
3. Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
4. Your Content or any information you provide through the Services
5. Your interactions with other users (online or offline)
6. Your breach of any representations or warranties in these Terms
7. Any harmful acts you commit toward other users
8. Your violation of any applicable laws or regulations

15.2 Defense and Settlement

If a claim subject to indemnification arises, Ember reserves the right to:

• Assume exclusive control over the defense and settlement of the claim at your expense
• Require you to cooperate fully in the defense
• Approve any settlement that affects Ember's rights or interests

You may not settle any claim without Ember's prior written consent if the settlement imposes any obligation or liability on Ember.

15.3 Survival

Your indemnification obligations survive termination of these Terms and your use of the Services.

16. PRIVACY AND DATA PROTECTION

16.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy (available at ember.date/privacy) explains:

• What information we collect and how we collect it
• How we use, store, and protect your information
• How we share your information with third parties
• Your rights regarding your personal information
• Our data retention and security practices

By using the Services, you acknowledge that you have read and agree to our Privacy Policy, which is incorporated into these Terms by reference.

16.2 Consent to Data Practices

By using the Services, you expressly consent to:

• Collection and processing of your personal information, including sensitive data
• Recording and analysis of conversations with EmberAI, including voice recordings and biometric data
• Sharing of your profile information with potential matches
• Sharing of your information with Partner Portal subscribers for matchmaking purposes
• Transfer of your data to the United States and other jurisdictions
• Use of your information for AI training and algorithm improvement
• All other data practices described in our Privacy Policy

16.3 International Data Transfers

The Services are hosted in the United States. If you are accessing the Services from outside the United States, your information will be transferred to, stored, and processed in the United States. Data protection laws in the United States may differ from those in your country.

By using the Services, you consent to the transfer of your information to the United States and processing under U.S. law.

16.4 California Privacy Rights

California residents have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). Please see our Privacy Policy for information about your California privacy rights and how to exercise them.

16.5 Biometric Information Notice

For California and Illinois Residents:

Ember collects biometric information, including voiceprints and facial recognition data, for the purposes of:

• Identity verification
• User authentication
• AI-driven matching and personalization
• Fraud prevention and security

By using the Services, you provide written consent (as required by Illinois' Biometric Information Privacy Act and California law) for Ember to collect, store, use, and retain your biometric information for these purposes.

We will retain biometric information only as long as necessary for these purposes and will permanently delete it:

• Upon your request
• When it is no longer needed for its original purpose
• Within three (3) years of your last interaction with the Services, whichever comes first

To request deletion of your biometric information, contact support@ember.date.

17. ELECTRONIC COMMUNICATIONS

17.1 Consent to Electronic Communications

By using the Services, you consent to receive communications from us electronically, including:

• Emails to your registered email address
• Push notifications through the mobile application
• In-app messages and notifications
• Text messages (SMS) if you provide your phone number
• Other electronic communications

You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

17.2 Transactional and Service Communications

You cannot opt out of receiving transactional or service-related communications, including:

• Account verification and security notifications
• Billing and payment confirmations
• Updates to these Terms or Privacy Policy
• Notices regarding violations or account suspension
• Match notifications and introduction messages
• Safety alerts or important service announcements

17.3 Marketing Communications

You may opt out of marketing communications by:

• Following the unsubscribe instructions in marketing emails
• Adjusting notification settings in your account
• Contacting support@ember.date

Opting out of marketing does not affect transactional communications.

17.4 Updating Contact Information

You are responsible for maintaining current contact information. If your email address or phone number changes, update your account immediately to ensure you receive important communications.

18. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

18.1 Informal Dispute Resolution

Before initiating arbitration or any legal proceeding, you and Ember agree to first attempt to negotiate an informal resolution. You must send written notice to:

Ember Relationship Labs, Inc.
Attn: Legal Department
PO Box 355
Los Altos, California 94022
Email: legal@ember.date

The notice must include:

• Your name and contact information
• A description of the dispute
• The relief you are seeking

We will have thirty (30) days to respond and attempt to resolve the dispute informally. You may not initiate arbitration or litigation during this 30-day period.

18.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be resolved exclusively through binding arbitration, except as provided in Section 18.8 (Exceptions to Arbitration).

BY AGREEING TO ARBITRATION, YOU AND EMBER WAIVE THE RIGHT TO:

• Have disputes decided by a judge or jury
• Participate in a class action, class arbitration, or representative action
• Conduct broad discovery as in court proceedings

18.3 Arbitration Rules and Procedures

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at www.adr.org), as modified by these Terms.

Key Provisions:

• Arbitration will be conducted by a single neutral arbitrator
• The arbitration will take place in Santa Clara County, California, unless you and Ember agree otherwise or the AAA Rules require a different location
• The arbitrator will apply California law consistent with the Federal Arbitration Act
• The arbitrator's decision will be final and binding
• Judgment on the award may be entered in any court with jurisdiction

18.4 Arbitration Fees and Costs

• Filing fees: If your claim seeks less than $10,000, Ember will pay all AAA filing fees. For claims of $10,000 or more, fees will be allocated per AAA Rules.
• Arbitrator compensation: Allocated per AAA Rules, unless the arbitrator determines such fees would be prohibitive, in which case Ember will pay the excess.
• Attorney's fees: Each party bears its own attorney's fees unless the arbitrator awards fees as provided by law or these Terms.

18.5 Small Claims Court Exception

Either party may bring an individual action in small claims court instead of arbitration if the claim:

• Is within the court's jurisdiction
• Proceeds on an individual basis (not as a class action)
• Remains in small claims court

18.6 Class Action Waiver

YOU AND EMBER AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

• You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action
• The arbitrator may not consolidate claims of multiple parties or preside over any form of representative proceeding
• If any court or arbitrator determines that this class action waiver is invalid or unenforceable, the arbitration agreement will be void, and the dispute must be brought in court

18.7 Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must send written notice to legal@ember.date within thirty (30) days of first accepting these Terms. Your notice must include:

• Your name and email address associated with your account
• A clear statement that you wish to opt out of the arbitration agreement

If you opt out:

• You will not be subject to the arbitration agreement
• Disputes will be resolved in court as described in Section 18.9
• All other Terms remain in effect

Opting out of arbitration does not affect any other terms or your ability to use the Services.

18.8 Exceptions to Arbitration

The following disputes are not subject to arbitration and may be brought in court:

• Claims related to intellectual property rights (copyright, trademark, trade secret, patent)
• Claims for injunctive relief to prevent unauthorized use or abuse of the Services
• Claims involving allegations of theft, piracy, invasion of privacy, or unauthorized use
• Small claims court actions (as described in Section 18.5)

18.9 Jurisdiction and Venue for Court Proceedings

If a dispute proceeds in court (due to opt-out, exception, or invalidity of arbitration), you and Ember agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

You waive any objection to venue or jurisdiction in these courts, including claims of inconvenient forum.

18.10 Time Limit for Claims

YOU AND EMBER AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES.

Claims not filed within one year are permanently barred.

18.11 Governing Law

These Terms and any disputes will be governed by the laws of the State of California and federal law, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18.12 Severability

If any provision of this arbitration agreement is found invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in effect, except:

• If the class action waiver is found invalid, the entire arbitration agreement is void
• If the informal dispute resolution requirement is found unenforceable, it will not delay arbitration

18.13 Survival

This arbitration agreement survives termination of these Terms and your relationship with Ember.

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any supplemental terms, constitute the entire agreement between you and Ember regarding the Services and supersede all prior agreements, understandings, and communications.

19.2 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations without Ember's prior written consent. Any attempted assignment in violation of this section is void.

Ember may freely assign or transfer these Terms and our rights and obligations, including in connection with a merger, acquisition, sale of assets, or by operation of law.

19.3 Waiver

Ember's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver will be effective unless in writing and signed by Ember.

19.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

19.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except for Ember Parties identified in the indemnification and limitation of liability sections.

19.6 Notices

Notices to You: Ember may provide notices to you via:

• Email to your registered email address
• Posting on the Services
• Push notification or in-app message
• Mail to your registered address

Notices are effective when sent or posted.

Notices to Ember: You may provide notices to Ember at:

Ember Relationship Labs, Inc.
Attn: Legal Department
PO Box 355
Los Altos, California 94022
United States
Email: legal@ember.date

Notices to Ember are effective when received.

19.7 Language

It is the express wish of the parties that these Terms and all related documents be drawn up in English.

19.8 Export Control

You may not use or export the Services except as authorized by U.S. law and the laws of the jurisdiction in which you obtained access. You represent and warrant that:

• You are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country
• You are not listed on any U.S. government list of prohibited or restricted parties
• You will not use the Services for any purpose prohibited by U.S. law

19.9 Force Majeure

Ember will not be liable for any delay or failure to perform due to causes beyond our reasonable control, including those listed in Section 14.5.

19.10 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Ember. You have no authority to bind Ember or make commitments on Ember's behalf.

19.11 Interpretation

• Headings are for convenience only and do not affect interpretation
• "Including" means "including but not limited to"
• Singular includes plural and vice versa
• "Or" is not exclusive unless context requires otherwise

19.12 Contact for Terms Questions

If you have questions about these Terms, contact us at:

Email: legal@ember.date
Subject Line: "Terms of Use Inquiry"

20. ADDITIONAL STATE-SPECIFIC PROVISIONS

20.1 California Residents

Consumer Rights: California residents may report complaints to:

Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Blvd., Suite N 112
Sacramento, California 95834

Phone: (800) 952-5210 or (916) 445-1254

Release: California residents waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Automatic Renewal: Pursuant to California's automatic renewal law, subscriptions will automatically renew unless you cancel before the renewal date. You will be notified of material changes to subscription terms.

20.2 Arizona Residents

If you are an Arizona resident, these Terms are subject to Arizona Revised Statutes Section 44-7061, which voids certain provisions that would violate Arizona consumer protection laws.

20.3 New Jersey Residents

If you are a New Jersey resident, certain provisions may not limit your rights under New Jersey consumer protection statutes. Nothing in these Terms limits your rights under New Jersey law.

21. ACKNOWLEDGMENTS

By using the Services, you acknowledge and agree that:

1. You have read and understood these Terms in their entirety
2. You have had the opportunity to consult with legal counsel regarding these Terms
3. You are voluntarily agreeing to be bound by these Terms
4. You understand the risks associated with online dating and meeting strangers
5. You accept the disclaimers, limitations of liability, and arbitration provisions
6. You consent to the collection and use of your data as described in the Privacy Policy
7. You understand that AI-generated content may be inaccurate or biased
8. You accept responsibility for your interactions with other users
9. You will comply with all applicable laws and these Terms
10. You understand that Ember does not guarantee matches, results, or safety

22. CONTACT INFORMATION

Ember Relationship Labs, Inc.

General Inquiries: support@ember.date
Legal Matters: legal@ember.date
Privacy Concerns: privacy@ember.date
Safety Reports: safety@ember.date

Mailing Address:
Ember Relationship Labs, Inc.
PO Box 355
Los Altos, California 94022
United States

Phone: (408) 638-9584

EFFECTIVE DATE AND ACCEPTANCE

Effective Date: November 1, 2025
Last Updated: November 1, 2025

By clicking "I Agree," creating an account, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

© 2025 Ember Relationship Labs, Inc. All rights reserved.