DRAFT — attorney starting point. Not legal advice. Review and finalize with counsel before launch, including the arbitration/class-waiver clause (§18), the governing-law state, auto-renewal disclosures under state law (e.g., California's Automatic Renewal Law), app-store billing rules, and the entity form (this draft and the Privacy Policy must name the same operator).
Ember & Elm is a members-only club for adults 21 and over who enjoy cigars and spirits. By using it you agree to these Terms. You must be 21+. We do not sell or ship tobacco or alcohol. Our hosts — Ember, Elm, Vivienne, and Jasmine — are AI and can be wrong; nothing they say is professional advice. Be decent to other members. You own what you post, and you can delete it. Paid plans renew automatically until you cancel. If you don't agree with these Terms, don't use the Service.
You must be at least 21 years old — or older, where your local law sets a higher age for tobacco or alcohol — and legally able to enter a binding contract. The Service is intended for jurisdictions where a members' community of this kind is lawful. By using it, you represent that you meet these requirements. We may require age or identity verification and may refuse or revoke access at our discretion.
Ember & Elm is a private, moderated community and a set of tools — a personal humidor and collection log, a spirits and pairings companion, member discussion spaces, a lounge-and-venue directory, and AI hosts. It is a place to keep track of what you own and enjoy and to belong to a community of enthusiasts. It is not a marketplace. We do not sell, ship, broker, or facilitate the sale of tobacco or alcohol, and the Service must not be used to arrange such sales.
You are responsible for your account and for keeping your credentials secure. Provide accurate information and keep it current. Each member is one accountable person: your public handle may be pseudonymous to other members, but we retain the ability to associate a handle with the individual behind it. We reserve that ability for one purpose — the safety and integrity of the club, including responding to a serious allegation, a serious harm, or a lawful request. It is not a data product, and consistent with our Privacy Policy we do not sell member data.
This is a club, and membership carries a standard of conduct. You agree not to:
We moderate the community and may remove content, and restrict, suspend, or terminate accounts, to enforce these rules or protect members — as described in §12.
Ember, Elm, Vivienne, and Jasmine are artificial intelligence, not people, and we present them as such throughout the Service. They can be wrong, incomplete, or out of date. Their recommendations — including cigar, spirit, pairing, travel, and venue suggestions — are for enjoyment and information only and are not professional, medical, legal, financial, or safety advice. Do not rely on them as a substitute for professional judgment or your own. Any host can be turned off in your account, and the rest of the Service continues to work without them. Your interactions with the hosts are handled as described in the Privacy Policy, including that they are not end-to-end encrypted and are subject to safety and moderation review.
Cigars and tobacco are not a safe alternative to cigarettes; smoking causes serious disease, including cancer and heart disease, and is addictive. Alcohol should be consumed responsibly and never before driving. Nothing in the Service is a claim that any product is safe or a recommendation to start or increase use. You are responsible for your own choices and for complying with the laws where you are.
Ember & Elm offers a free tier and paid plans. Current plans, prices, and any founding-member offer are shown on the membership page and may change over time; changes do not affect a billing period you've already paid for.
Some links and placements on our website are affiliate links or paid placements, and we may earn a commission when you buy through them, at no additional cost to you. Paid placements are identified as such. These arrangements never change our commitment not to sell member data, and they do not appear as purchase links inside the app where store policies prohibit them. Any transaction you make with a third party through such a link is between you and that third party.
You keep ownership of the content you create — your posts, images, reviews, humidor and collection entries, and messages. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, display, and process that content solely to operate, secure, moderate, and improve the Service and to provide it back to you and, where you choose, to other members. This license ends when you delete the content or your account, except for copies retained transiently or as required by law, and except for content you shared with others that they retain. You are responsible for your content and represent that you have the right to post it.
The Ember & Elm name, the lion crest, the host characters, the interface, and the original text and design are ours (or our licensors') and are protected by intellectual-property law. We grant you a personal, revocable, non-transferable license to use the Service for its intended purpose. You may not copy, resell, or create derivative works from the Service or its content except as these Terms allow or the law permits.
The Service links to and describes third parties — payment processors, the AI and search providers behind our hosts, and the lounges, retailers, venues, and events in our directory. Venue and event listings are informational only; we don't control those businesses, don't guarantee their details are current, and aren't responsible for your dealings with them. Your use of a third-party service is governed by that party's own terms.
You can stop using the Service and delete your account at any time. We may suspend or terminate access — with or without notice — if you breach these Terms, if we're required to by law, or to protect members or the Service. On termination, your right to use the Service ends; sections that by their nature should survive (including content license carve-outs, disclaimers, limitation of liability, indemnification, and dispute terms) survive.
The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any content, recommendation, listing, or AI output is accurate, complete, or reliable. Some jurisdictions don't allow certain warranty exclusions, so parts of this section may not apply to you.
To the fullest extent permitted by law, Ember & Elm and KlockWorks Consulting will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim, or one hundred U.S. dollars ($100). Some jurisdictions don't allow certain limitations, so parts of this section may not apply to you.
You agree to indemnify and hold harmless Ember & Elm, KlockWorks Consulting, and their operators from claims, damages, and expenses (including reasonable legal fees) arising from your content, your use of the Service, or your breach of these Terms or of law.
We may change, suspend, or discontinue features of the Service. We may also update these Terms; when we make material changes, we'll post the updated version with a new "Last updated" date and provide reasonable notice. Continuing to use the Service after changes take effect means you accept the updated Terms.
These Terms are governed by the laws of the State of [STATE], United States, without regard to conflict-of-laws rules. [Counsel to set the governing state and confirm it matches where the operating entity is formed.]
[Placeholder for counsel.] We intend to require that most disputes be resolved by binding individual arbitration and to include a class-action waiver, with a small-claims and opt-out carve-out, as permitted by law. This clause must be drafted and reviewed by counsel — including its notice, opt-out, and enforceability under applicable state and federal law — before launch. It is not yet in effect.
These Terms, together with the Privacy Policy and any offer terms shown at signup, are the entire agreement between you and us about the Service. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision isn't a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
Questions about these Terms: ember.elmmmxxvi@gmail.com. Partner and business inquiries: partners@emberandelmmmxxvi.com.
© 2026 KlockWorks Consulting. Draft for counsel review; not legal advice. Read alongside the Privacy Policy.