These Terms of Service ("Terms") constitute a legally binding agreement between you and Embera Systems, LLC ("Company," "we," "us," or "our") governing your use of the Wishing Well: Reflections application ("App"). By creating an account or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
The App is currently in alpha release. By using the App, you acknowledge and agree to the following:
The App is provided in an early-access, pre-release state. Features, functionality, and interfaces may change significantly or be removed without notice. Data loss may occur due to software changes, infrastructure updates, or unforeseen issues. We make no guarantee regarding the availability, reliability, or performance of the App. There is no service level agreement (SLA) or uptime guarantee. We may reset, migrate, or restructure data storage at any time during the alpha period. The alpha period will end when we publicly announce a general availability release.
Your participation in the alpha program is voluntary. You may delete your account and all associated data at any time.
You must be at least 18 years of age to create an account or use the App. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
You must create an account to use the App. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate information during registration and to promptly notify us if you become aware of any unauthorized use of your account.
You agree to use the App only for its intended purpose as a personal reflection and memory journaling tool. You may not use the App to submit content that is unlawful, threatening, abusive, harassing, defamatory, or otherwise objectionable. You may not attempt to gain unauthorized access to the App, other users' accounts, or our systems. You may not use the App for any commercial purpose without our prior written consent. You may not interfere with or disrupt the operation of the App or the experience of other users. You may not use automated means — including bots, crawlers, scrapers, or scripts — to access or interact with the App except as expressly permitted.
You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App. You may not attempt to extract, infer, reconstruct, or replicate any prompts, system instructions, scoring algorithms, weighting values, encoding tables, or other proprietary logic that the App uses to interpret your User Content or produce Generated Content.
You may not use the App, the Generated Content, your User Content as transformed or processed by the App, or any signals, summaries, or aggregations the App produces, to train, fine-tune, develop, evaluate, benchmark, or improve any artificial intelligence model, machine learning system, language model, or competing reflection, journaling, or memory product, whether by you or by any third party on your behalf.
You may not systematically download, copy, scrape, harvest, archive, mirror, or otherwise extract Generated Content or other content from the App, whether by automated means or by manual processes designed to operate at volume. This restriction does not limit your ability to view, copy, or export your own User Content and your own Generated Content for personal, non-commercial use.
You retain ownership of all text, data, and other content you submit to the App ("User Content"). By submitting User Content, you grant us a limited, non-exclusive license to store, process, and transmit your content solely for the purpose of operating the App and providing its features to you. This license terminates when you delete the relevant content or your account.
We do not claim ownership of your User Content. We do not use your User Content for advertising, marketing, or any purpose other than providing the App's services to you.
The App generates text-based reflections and associated images ("Generated Content") using third-party artificial intelligence services. Generated Content is produced in response to your User Content and is stored in your account for your personal use.
You may share, copy, or export Generated Content subject to the attribution and provenance features built into the App. Generated Content is provided for personal reflection purposes only and does not constitute professional advice of any kind. See our AI Disclosure and Mental Health Disclaimer for important limitations.
The App, including its design, code, features, visual assets, user interface, and underlying technology, is the property of Embera Systems, LLC and is protected by applicable intellectual property laws. These Terms do not grant you any right, title, or interest in the App other than a limited, revocable, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes in accordance with these Terms.
All trademarks, service marks, and trade names associated with the App are the property of Embera Systems, LLC.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT GENERATED BY THE APP.
THE APP IS NOT A MEDICAL DEVICE, THERAPEUTIC TOOL, OR SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH CARE. SEE OUR MENTAL HEALTH DISCLAIMER FOR ADDITIONAL INFORMATION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMBERA SYSTEMS, LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Embera Systems, LLC and its officers, directors, members, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the App, your violation of these Terms, or your violation of any rights of a third party.
You may delete your account at any time through the App's Settings screen. Upon deletion, all your data will be permanently removed in accordance with our Privacy Policy.
We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users, or is otherwise objectionable. Upon termination by us, we will make reasonable efforts to allow you to export your data before deletion, unless doing so would compromise the security of the App or other users.
Any dispute, controversy, or claim arising out of or relating to these Terms or the App shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the state of formation of Embera Systems, LLC. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than through arbitration, you and we waive any right to a jury trial.
This arbitration agreement does not preclude either party from seeking injunctive or equitable relief in a court of competent jurisdiction for claims related to intellectual property or unauthorized access to the App.
These Terms shall be governed by and construed in accordance with the laws of the state of formation of Embera Systems, LLC, without regard to its conflict of law provisions.
We may modify these Terms at any time. If we make material changes, we will notify you through the App or by other appropriate means at least thirty (30) days before the changes take effect. Your continued use of the App after the effective date of any modifications constitutes your acceptance of the revised Terms.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
These Terms, together with the Privacy Policy, AI Disclosure, Mental Health Disclaimer, and any other policies referenced herein, constitute the entire agreement between you and Embera Systems, LLC regarding your use of the App and supersede all prior agreements and understandings.
If you have questions about these Terms, please contact us at:
Email: legal@emberasystems.com
*Copyright 2026 Embera Systems, LLC. All rights reserved.*