Terms of Service

EmberX is an AI companion application. You browse a catalog of fictional characters, choose one, and exchange messages with it. Conversation is generated by large language models; images, voice notes and video clips are generated by media models or drawn from media we produced in advance.

Our catalog is built and curated by us. It is not a creator marketplace, you cannot sell characters on it, and no part of your payment is shared with a third-party creator.

We may add, change, restrict, de-list or remove characters, features, media and content at any time and at our discretion. Some features are only available to subscribers, and some are only available once you hold a sufficient token balance.

The Services are made available for your personal, non-commercial use only.

The Services contain adult material and are strictly for adults. By creating an account or otherwise using the Services you represent and warrant that you are at least 18 years old, or older if the age of majority where you live and access the Services is higher, and that you have the legal capacity to enter into this agreement on your own behalf.

We may at any time require you to verify or re-verify your age, including through a third-party verification provider, and may suspend access until you do. We terminate accounts that we determine, or reasonably suspect, belong to a minor, and we do not refund them.

You are responsible for ensuring that accessing sexually explicit material is lawful where you are. If it is not, you must not use the Services.

Most of the Services require an account. You may register with an email address or through a supported single sign-on provider. You agree to register only with credentials and a payment method that belong to you, and to keep your account details accurate and up to date.

You are responsible for everything that happens under your account. Keep your credentials confidential and do not let anyone else use your account. Your account is personal and non-transferable: you may not sell it, lend it, rent it or share it, whether for money or for free.

You have no ownership or property interest in your account itself. Rights in the account, the platform and the characters remain ours.

Tell us immediately at support@emberx.ai if you believe your account has been accessed without your permission.

EmberX has two access levels. They are not the same thing as tokens — see section 5.

Free

• A night of chat — 40 messages. The night resets at midnight UTC. Unused messages do not carry over. The allowance is per account, not per character, chat or device.
• Safe-for-work content only. Explicit content is not available on the free tier.
• A one-time starter grant of tokens so you can try generation before subscribing.

Premium

• Unlimited chat messages.
• Access to explicit content and adult features.
• A grant of 250 tokens for each paid month, and the ability to buy additional token packs.
• Access to premium media and interactive features as we make them available.

A subscription grants access; it does not make generation free. Generating an image, a voice note or a video always costs tokens, for every user, at every tier. Premium unlocks what you are allowed to generate and gives you a monthly token allowance — it does not exempt you from spending tokens.

Tokens are the internal unit we use to meter generation. They are not currency, not a stored-value instrument, and not a payment service. They exist only inside your account.

• Tokens reach your account in three ways: the one-time free starter grant, the allowance included with a paid subscription month, and token packs you purchase separately.
• The token cost of each kind of generation is shown in the app before you confirm it, and may change as our own costs change.
• Included subscription tokens accumulate up to a ceiling disclosed at checkout. Once you are at the ceiling, a new monthly grant tops you up to it rather than stacking on top of it.
• Tokens have no cash value. They cannot be transferred between accounts, exchanged for money, sold, or used to settle any other obligation.
• If a generation fails on our side, we return the tokens it consumed. We do not return tokens because you dislike the result — a generation that completes has consumed real compute.
• Token packs are sold to premium subscribers only.

If your subscription ends, is refunded, or is reversed by a chargeback, the token balance associated with it is forfeited. See section 8.

Paid access begins once your first payment is confirmed. You pay the price, in the currency, disclosed to you at checkout, plus any applicable taxes. You are responsible for those taxes and for any fees your own bank or card issuer charges you.

Payments are processed by our payment providers, not by us. We never receive or store your full card number. By submitting your payment details you authorise us and our payment providers to charge the payment method you selected for the amount shown.

Automatic renewal

A subscription renews automatically at the end of each billing period, for the same period and at the price disclosed at checkout, until you cancel. We charge your payment method on the first day of each renewed period.

Cancelling

You can cancel automatic renewal at any time from your account settings. Cancelling stops the next charge; it does not end the period you have already paid for. You keep premium access, and your token balance stays spendable, until the end of the current billing period.

You can also resume a cancelled subscription from settings while the paid period is still running, which simply removes the pending cancellation.

If a renewal payment fails, we may retry it and may suspend premium access until a payment succeeds.

We may change prices. A price change never applies retroactively to a period you have already paid for, and we will disclose the new price before it takes effect for you. We may correct obvious pricing errors, including after a payment has been submitted, and may decline or cancel any order.

Token packs are one-time purchases. They do not renew.

When your paid access ends — because you cancelled, because a renewal was not paid, or because a payment was reversed — your account reverts to the free tier at the end of the paid period. Your account and your chat history remain, but:

• Premium features, including explicit content and unlimited messaging, stop being available.
• The token balance associated with the subscription is forfeited and does not carry into a later subscription. Spend your tokens before your period ends.
• Media you generated while subscribed may become inaccessible where it is premium-gated.

You may resubscribe at any time. Each subscription period stands on its own; a new subscription does not restore a previous period's tokens.

If a purchase is refunded, it is treated as cancelled immediately: premium access and the related tokens are revoked at the moment the refund is processed. If a chargeback is filed, access and tokens are revoked at the moment we are notified of it.

If you live in the EU, the UK or the EEA, read section 8.3 as well — your statutory rights are wider than the policy below and nothing here reduces them. To request a refund, contact support@emberx.ai from the email address on the account.

8.1 Subscriptions

• Request a refund within 24 hours of the payment. We do not issue refunds on requests made more than 24 hours after payment.
• Regardless of timing, a request is declined if you have already spent a material part of that period's token allowance, or used premium features substantially.
• We cannot refund a payment that failed or was never received on our side, and we cannot resolve a technical problem that is on your device or network by refunding it.
• We refund to the original payment method only.

8.2 Token packs

• Request a refund within 24 hours of the payment.
• A request is declined once the tokens in that pack have been spent — the compute has been bought and consumed.
• For purchases you made by mistake, we will look at the circumstances, but we cannot guarantee a refund where the mistake did not originate with us.

8.3 EU, EEA and UK consumers: right of withdrawal

If you are a consumer resident in the EU, EEA or UK, you have the right to withdraw from your purchase within 14 days of entering into it, without giving a reason. The period runs from the day we sent you confirmation of the purchase.

To exercise it, send us an unequivocal statement to that effect at support@emberx.ai. You may use the model withdrawal form at the end of this document, but you are not required to. Sending your statement before the 14 days expire is enough to meet the deadline.

We will reimburse you without undue delay and in any event within 14 days of being informed, using the same means of payment you used, at no charge to you. Because the Services are digital content supplied immediately, we may deduct a proportionate amount for what you consumed between the purchase and your withdrawal request.

This right applies to the initial purchase. It does not apply again to each automatic renewal of an existing subscription.

8.4 No refund for enforcement or for platform changes

• We do not refund or reimburse content that was moderated, restricted or removed because it violated these Terms, and we do not refund restrictions placed on your account as a result of a violation.
• We do not refund payments because we changed, de-listed or removed a character, a feature or a piece of content, where the change does not deprive you of the core Service.

"Input" is anything you send into the Services — messages to a companion, prompts, preferences, uploads. "Output" is what the Services generate in response. Together they are your "Content".

You represent that you have all rights necessary to submit your Input, and that your Input does not infringe anyone's rights or break any law.

You keep whatever intellectual property rights you have in your Input. We do not claim ownership of it. We do need a licence in order to run the product at all, so you grant us a non-exclusive, royalty-free, worldwide, sublicensable and transferable licence to host, store, copy, transmit, display, adapt, translate and process your Content, for as long as we need it, and strictly for the purposes below:

• Operating the Services — delivering your conversation to a model and its response back to you, storing your history, generating and serving media.
• Safety and enforcement — detecting and acting on content that breaks these Terms or the law.
• Support — investigating a problem you have reported to us.
• Improving the Services — diagnosing failures and improving quality, including by analysing aggregated or de-identified usage.

We do not sell your conversations, and we do not publish them or use them in marketing. How this Content is handled as personal data — including the legal bases, the processors involved and how long we keep it — is set out in the Privacy Notice.

Output is generated on demand from probabilistic models. It may not be original, may not be unique to you, and another user submitting a similar prompt may receive similar output. To the extent we hold rights in Output, we grant them to you for your personal, non-commercial use, subject to these Terms.

If you send us ideas, suggestions or feedback, you do so at your own risk and we may use them freely, with no obligation of confidentiality, attribution or payment.

In using the Services you agree that you will not:

• break any law that applies to you, or use the Services to commit or facilitate a crime;
• reverse-engineer, decompile, disassemble or otherwise try to derive the source code, model weights, system prompts or architecture behind the Services, except where the law expressly permits it;
• circumvent, disable or tamper with any security control, rate limit, content filter, age gate, payment control or access restriction;
• use bots, scrapers, crawlers or other automated means to access the Services, or bulk-extract characters, media or model outputs;
• use the Services to build, train, fine-tune or evaluate a competing product or model;
• resell, sublicense, redistribute or commercially exploit the Services, your account, your access, or generated media;
• remove, obscure or alter any copyright, trademark or proprietary notice;
• interfere with, overload, disrupt or degrade the Services or the infrastructure they run on, or gain unauthorised access to any system or data;
• impersonate another person or misrepresent your affiliation with anyone;
• use the Services in any way that exposes us or others to liability or harm.

You must not use the Services to generate, solicit or distribute content that:

• sexualises a minor, or depicts a person who is or appears to be a minor in a sexual context;
• depicts a real, identifiable person in a sexual context without their consent, including any form of sexual deepfake or non-consensual intimate imagery;
• depicts non-consensual sexual activity, sexual violence, trafficking, or the sexual exploitation of anyone;
• depicts or promotes bestiality, incest, or necrophilia;
• incites, glorifies or provides instructions for violence, terrorism, self-harm or suicide;
• constitutes hate speech, or harasses, threatens, defames or targets a person or group;
• provides genuine instructions for weapons, explosives, drug synthesis, or other serious criminal activity;
• infringes anyone's intellectual property, privacy or publicity rights.

Every character on the platform is a fictional adult. We do not knowingly build characters based on real, identifiable people, and you must not attempt to make a character represent a real person in a sexual context.

Lawful adult content is permitted for adult subscribers, and we do not read your conversations for entertainment. We do run automated moderation across the Services to enforce these Terms and the law.

Our moderation systems may block, alter or refuse a request before generation, and may flag content after it. Where something is flagged, we or an authorised provider may access and manually review that content and other content on the account, and may take action — including removing content, restricting features, suspending or terminating the account, and reporting to the authorities where the law requires or permits it.

We may act on suspicion. We may also remove content or de-list characters for operational, technical or infrastructure reasons, including after prolonged account inactivity. No refund or restoration follows from an enforcement action or from removal for inactivity.

To report content or behaviour that concerns you, use the in-product report control where one is available, or write to support@emberx.ai. If you believe we have acted wrongly against your account, reply to that address and we will review it.

The Services and everything embedded in them — software, source code, databases, design, text, images, video, audio, characters, character art and personas, and the EmberX name and logo — are owned by or licensed to Sub Zero Labs OÜ and are protected by intellectual property law.

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable licence to access and use the Services and to view their content on your own devices for personal, non-commercial purposes. This is a licence, not a transfer of title, and it terminates automatically if you breach these Terms.

You may not reproduce, distribute, publicly display, sell or create derivative works from our content or marks without our written permission.

If you believe content on the Services infringes your copyright, write to support@emberx.ai with enough detail to identify the work, the material you say is infringing, your contact details, and a statement that you are the rights holder or authorised to act for them. We remove infringing material and terminate repeat infringers.

The Services depend on third parties — hosting, storage, email delivery, payment processing, and AI model providers — and may contain links to third-party sites. Their presence is not an endorsement.

We are not responsible for third-party sites or services, their content, their terms, or any loss arising from your use of them. If you follow a link away from the Services, you do so at your own risk and under that third party's terms. The processors we rely on are described in the Privacy Notice.

We work to keep the Services available, but we do not guarantee uninterrupted access. We may modify, suspend or discontinue any part of the Services, temporarily or permanently, with or without notice, including for maintenance, upgrades, or reasons outside our control.

We are not liable to you for any modification, suspension or discontinuation of the Services, except where these Terms or the law say otherwise.

The Services are provided on an "as is" and "as available" basis, and your use of them is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement and title.

We do not warrant that the Services will be uninterrupted, timely, secure or error-free; that they will meet your requirements; that any output will be accurate, original, appropriate or reliable; or that defects will be corrected.

Nothing in these Terms excludes or limits any right you have as a consumer that cannot be excluded or limited under the law of your country of residence.

To the fullest extent permitted by law, neither we nor our directors, employees, agents or licensors will be liable to you or any third party — whether in contract, warranty, tort, strict liability, indemnity or otherwise — for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, goodwill or data, arising out of or in connection with your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability to you for any claim arising out of or relating to these Terms or the Services is limited to the greater of the total amount you paid us in the six months preceding the event giving rise to the claim, or fifty euro (€50).

We are not liable for any delay or failure in performance caused by anything beyond our reasonable control. Nothing here limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited.

You agree to indemnify and hold us, our affiliates and our personnel harmless from any claim, demand, loss, liability or expense (including reasonable legal fees) arising from your Content, your use of the Services, your breach of these Terms, or your violation of any law or third-party right. This does not apply to the extent the claim arises from our own breach or negligence, and it does not apply where you are a consumer and the law of your country of residence prevents it.

These Terms apply for as long as you use the Services. You may end them at any time by stopping your use of the Services and, if you subscribe, cancelling your subscription.

We may suspend or terminate your access at any time, with or without notice, if you breach these Terms, if we reasonably suspect that you have, or if we are required to by law. If we terminate your account for a breach, you may not register a new one under your name, a different name, or another person's name.

You may delete your account from your settings, or ask us to at support@emberx.ai. Sections that by their nature should survive termination — content licence, intellectual property, disclaimers, liability, indemnity and governing law — do survive it. Data retention after deletion is covered in the Privacy Notice.

We may assign or transfer these Terms and the operation of the Services to a third party, including in a merger, acquisition or sale of assets. You may not assign yours.

We may update these Terms. When we do, we post the revised version here and change the revision date at the top of this page, and the change takes effect on posting. Where a change is substantial, we will also make reasonable efforts to notify you in advance — by email or in the product.

Continuing to use the Services after a change takes effect means you accept it. If you do not accept it, stop using the Services and cancel any subscription.

These Terms are governed by the laws of Estonia, without regard to conflict-of-law rules. Any dispute arising out of or in connection with them, including questions about their existence, validity or termination, is subject to the exclusive jurisdiction of the courts of Estonia.

If you are a consumer resident in the EU or the UK, this does not deprive you of the protection of the mandatory rules of the law of your own country of residence, or of the right to bring proceedings there.

Please contact us at support@emberx.ai first. Most disputes are resolved faster that way than through a court.

If any provision of these Terms is held unlawful, void or unenforceable, it is severed and the rest continues in force, with the severed provision enforced to the maximum extent that reflects the parties' intent.

Our failure to enforce a provision is not a waiver of it. These Terms, together with the Privacy Notice, are the entire agreement between you and us about the Services, and supersede any earlier agreement or understanding on the subject.

For support, complaints, refunds, copyright notices or anything else in this document:

Entity

Sub Zero Labs OÜ

Registered office

Sepapaja tn 6, 15551 Tallinn, Estonia

Register code

17449187

Email

support@emberx.ai

Complete and return this form only if you wish to withdraw from the contract under section 8.3. You are not obliged to use it.

To

Sub Zero Labs OÜ, Sepapaja tn 6, 15551 Tallinn, Estonia — support@emberx.ai

Statement

I hereby give notice that I withdraw from my contract for the supply of the following service:

Service

___________________________________

Ordered on

___________________________________

Your name

___________________________________

Your email address

___________________________________

Signature

___________________________________ (only if this form is sent on paper)

Date

___________________________________