Terms of Service

1. Acceptance of Terms

Welcome to Embive. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and GHDM LLC ("Embive," "we," "us," or "our"), governing your access to and use of the Embive mobile application (the "App"), the Embive website at embive.com (the "Website"), and all related services, features, and content (collectively, the "Service").

By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically.

2. Description of Service

Embive is a relationship and gifting application designed to help users remember important occasions, discover thoughtful gift ideas, and nurture their personal relationships. The Service includes, but is not limited to:

• Occasion tracking and reminders (birthdays, anniversaries, holidays, and custom occasions)
• Gift recommendation engine powered by artificial intelligence
• Partner and recipient profile management
• Gift history tracking and budgeting tools
• Daily Spark messages — AI-generated relationship content
• Curated gift catalogs with links to third-party retailers
• Premium features including Last Minute mode, Surprise mode, and enhanced AI recommendations

Embive does not sell, fulfill, ship, or manufacture any physical products. All product recommendations link to third-party retailers and marketplaces. Embive is not responsible for the sale, quality, delivery, or return of any products purchased through such links.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least thirteen (13) years of age to create an account or use the Service. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you represent and warrant that you meet these eligibility requirements.

3.2 Account Creation

To access certain features of the Service, you must register for an account by providing accurate, current, and complete information. You agree to update your account information promptly to keep it accurate and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Account Security

You agree to notify us immediately at info@embive.com if you become aware of any unauthorized use of your account or any other breach of security. Embive will not be liable for any loss or damage arising from your failure to protect your account credentials.

4. Free and Premium Plans

4.1 Free Tier

Embive offers a free tier of service that includes:

• Access to up to thirty (30) curated gift recommendations
• Standard occasion tracking (common holidays and events)
• One (1) active occasion reminder
• Basic partner profile features
• Gift history tracking

4.2 Embive Premium

Embive Premium is a paid subscription tier that unlocks additional features, including but not limited to:

• Full AI-powered gift recommendation engine with unlimited suggestions
• Daily Spark messages — personalized AI-generated relationship content
• Unlimited custom occasion creation and tracking
• Up to three (3) active occasion reminders
• Last Minute mode for time-sensitive gift finding
• Surprise mode for spontaneous gifting ideas
• Enhanced partner profile insights

4.3 Pricing

Embive Premium is available at the following subscription rates:

• Annual Plan: $2.92 per month, billed annually ($34.99 per year)
• Monthly Plan: $4.99 per month, billed monthly

Prices are quoted in United States Dollars (USD) and are subject to change. Any price changes will take effect at the start of the next billing cycle following notice. Applicable taxes may apply depending on your jurisdiction.

4.4 Free Trial

Embive may offer a seven (7) day free trial for new Premium subscribers. During the trial period, you will have full access to Premium features at no charge. Unless you cancel before the trial period ends, your subscription will automatically convert to a paid subscription at the applicable rate, and your payment method will be charged accordingly. Free trial eligibility is limited to one trial per Apple ID or user account and is determined at Embive's sole discretion.

5. Subscription Terms

5.1 Billing and Payment

Embive Premium subscriptions are processed and billed through Apple's App Store (via Apple's in-app purchase mechanism). By subscribing, you authorize Apple to charge your selected payment method at the applicable subscription rate. All billing inquiries, payment processing, and transaction records are managed by Apple in accordance with Apple's terms and conditions.

5.2 Auto-Renewal

Your Embive Premium subscription will automatically renew at the end of each billing period (monthly or annually, depending on your selected plan) unless you cancel auto-renewal at least twenty-four (24) hours before the end of the current billing period. The renewal charge will be applied to your payment method within 24 hours prior to the end of the current period at the rate of your current subscription plan.

5.3 Cancellation

You may cancel your Embive Premium subscription at any time through your Apple ID account settings on your device or through the App Store. To avoid being charged for the next billing cycle, cancellation must be completed at least 24 hours before the end of the current billing period. Upon cancellation, you will retain access to Premium features until the end of your current paid period, after which your account will revert to the free tier.

5.4 Refunds

All subscription payments are processed by Apple. Refund requests must be submitted directly to Apple in accordance with their refund policies. Embive does not have the ability to issue refunds for App Store transactions. You may request a refund from Apple by visiting reportaproblem.apple.com or by contacting Apple Support. Refund eligibility is determined solely by Apple.

5.5 Changes to Subscription Plans

Embive reserves the right to modify subscription pricing, features, or plan structures at any time. If we make material changes to pricing, we will provide reasonable advance notice. Any price increase will take effect at the start of your next billing cycle following the notice period. Your continued subscription after a price change constitutes acceptance of the new pricing.

6. Affiliate Links and Third-Party Products

6.1 Affiliate Relationships

Embive participates in affiliate marketing programs, including but not limited to the Amazon Services LLC Associates Program and CJ Affiliate (Commission Junction). When you click on product links within the Service and make a purchase from a third-party retailer, Embive may earn a commission or referral fee at no additional cost to you.

In accordance with the Federal Trade Commission (FTC) guidelines regarding endorsements and testimonials (16 CFR Part 255), Embive discloses that it has a financial relationship with certain retailers and may receive compensation for purchases made through affiliate links presented in the Service. This compensation may influence which products are recommended or how they are displayed, though Embive strives to provide genuinely useful and relevant recommendations.

6.2 No Direct Sales

Embive does not sell, stock, warehouse, ship, or fulfill any physical or digital products. All product listings within the Service are provided for informational and referral purposes only. When you click on a product link, you will be redirected to a third-party retailer's website, where the retailer's own terms of sale, privacy policy, and return policy will govern your transaction.

6.3 Third-Party Product Disclaimers

Embive makes no representations or warranties regarding the quality, safety, legality, availability, pricing, or suitability of any product or service offered by third-party retailers. Product information, including prices, descriptions, images, availability, and ratings, is provided by third parties and may not be accurate, current, or complete. Embive is not responsible for:

• The accuracy of product descriptions, pricing, or availability
• The quality, safety, or fitness of any third-party product
• Order fulfillment, shipping, delivery, or customer service provided by retailers
• Returns, refunds, exchanges, or warranty claims for third-party products
• Any disputes between you and a third-party retailer

Any issues with products purchased through affiliate links must be resolved directly with the applicable retailer.

6.4 Price and Availability

Product prices and availability displayed in the Service are subject to change at any time without notice. Embive does not guarantee that any price or availability information displayed will be accurate at the time of your purchase. You are responsible for verifying pricing and availability on the retailer's website before completing a purchase.

7. AI-Generated Content

7.1 Nature of AI Content

Certain features of the Service utilize artificial intelligence and machine learning technologies to generate content, including but not limited to Daily Spark messages, gift recommendations, and relationship suggestions (collectively, "AI Content"). You acknowledge and agree that AI Content is generated by automated systems and is not created, reviewed, or endorsed by human professionals.

7.2 No Professional Advice

AI Content is provided for informational, inspirational, and entertainment purposes only. AI Content does not constitute and should not be relied upon as professional relationship counseling, therapy, psychological advice, medical advice, financial advice, or any other form of professional guidance. If you need professional assistance with your relationships or personal well-being, you should consult a qualified professional.

7.3 Accuracy and Limitations

While Embive strives to provide helpful and relevant AI Content, we do not guarantee the accuracy, completeness, reliability, or appropriateness of any AI-generated content. AI systems may produce content that is inaccurate, irrelevant, repetitive, or unsuitable for your specific situation. Embive is not liable for any decisions you make or actions you take based on AI Content.

7.4 Content Moderation

Embive employs reasonable measures to filter AI Content for inappropriate, harmful, or offensive material. However, no automated system is perfect. If you encounter AI Content that you find objectionable, please report it to us at info@embive.com.

8. User Content and Data

8.1 User-Provided Content

In the course of using the Service, you may provide information and content including but not limited to partner profiles, occasion dates and details, gift preferences, relationship notes, gift history, and budget information (collectively, "User Content"). You retain all ownership rights in your User Content.

8.2 License Grant

By submitting User Content to the Service, you grant Embive a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, modify, and display your User Content solely for the purposes of operating, providing, improving, and personalizing the Service for you. This license includes the right to use your User Content to generate personalized recommendations, reminders, and AI Content tailored to your preferences.

8.3 User Content Responsibilities

You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, or other legal rights; and (c) your User Content complies with these Terms and all applicable laws and regulations.

8.4 Data Handling

Your User Content and personal data are handled in accordance with our Privacy Policy. We use industry-standard security measures and third-party service providers, including Supabase for backend infrastructure, to store and process your data. Please review our Privacy Policy for detailed information about how we collect, use, and protect your information.

9. Intellectual Property

9.1 Embive's Intellectual Property

The Service, including all content, features, functionality, software, code, designs, graphics, logos, trademarks, service marks, trade names, and other intellectual property (collectively, "Embive IP") is owned by GHDM LLC or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

Subject to your compliance with these Terms, Embive grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a device that you own or control, and to access and use the Service, solely for your personal, non-commercial use. This license does not include the right to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Embive IP; (b) reverse engineer, decompile, or disassemble the App or any component of the Service; or (c) use the Service for any commercial or unauthorized purpose.

9.3 Trademarks

"Embive," the Embive logo, "Daily Spark," "Last Minute," "Surprise Mode," and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of GHDM LLC. You may not use such marks without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are the property of their respective owners.

9.4 DMCA Compliance

Embive respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that any content on or accessible through the Service infringes your copyright, please submit a DMCA notice to our designated agent with the following information:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and information sufficient to locate it
• Your contact information (name, address, telephone number, and email address)
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner

DMCA notices should be sent to: info@embive.com, Subject: "DMCA Notice."

10. Prohibited Uses

You agree not to use the Service in any manner that:

• Violates any applicable federal, state, local, or international law or regulation
• Infringes upon or violates the intellectual property rights, privacy rights, or any other rights of any third party
• Is fraudulent, deceptive, misleading, or constitutes a misrepresentation
• Involves the transmission of unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of solicitation
• Introduces viruses, trojan horses, worms, logic bombs, or other material that is malicious, harmful, or technologically disruptive
• Attempts to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service, its servers, or any connected networks
• Uses any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission
• Impersonates or attempts to impersonate Embive, an Embive employee, another user, or any other person or entity
• Harasses, abuses, threatens, or incites violence against any individual or group
• Attempts to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App or Service
• Uses the Service to compile data for marketing, advertising, or contacting users or individuals without their consent
• Interferes with or circumvents any security, rate-limiting, or access-control features of the Service
• Creates multiple accounts to abuse free trial offers or circumvent usage limitations
• Resells, redistributes, or commercially exploits any aspect of the Service without express written authorization

Embive reserves the right to investigate and take appropriate action against anyone who, in Embive's sole discretion, violates this provision, including without limitation removing offending content, suspending or terminating the violator's account, and reporting such activity to law enforcement authorities.

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMBIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EMBIVE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

EMBIVE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING AI-GENERATED CONTENT, GIFT RECOMMENDATIONS, AND THIRD-PARTY PRODUCT INFORMATION. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMBIVE APP LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF EMBIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Service
• Any content obtained from or through the Service, including AI-generated content
• Any products or services purchased through third-party links in the Service
• Unauthorized access to or alteration of your data or transmissions
• Any conduct or content of any third party on the Service
• Any other matter relating to the Service

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBIVE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO EMBIVE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, EMBIVE'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless GHDM LLC, its officers, directors, employees, agents, licensors, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Your User Content
• Any dispute between you and a third-party retailer regarding products accessed through the Service
• Any claim that your User Content caused damage to a third party

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact Embive at info@embive.com and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved through good-faith negotiation.

13.2 Binding Arbitration

If we are unable to resolve a dispute informally, you and Embive each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the arbitrability of any claim or controversy) shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified herein. The arbitration shall take place in the State of Maryland, United States, or, at your election, may be conducted by telephone, online, or based solely on written submissions. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND EMBIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding.

13.4 Exceptions to Arbitration

Notwithstanding the above, the following claims are excepted from the arbitration agreement: (a) claims that may be brought in small claims court if they qualify; (b) claims related to intellectual property infringement, where either party may seek injunctive or other equitable relief in any court of competent jurisdiction; and (c) claims where the arbitration agreement is found unenforceable by a court of competent jurisdiction.

13.5 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law provisions. For any claims not subject to arbitration, you and Embive consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Maryland. You waive any objection to jurisdiction or venue in such courts.

13.6 Time Limitation

Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

14. Termination

14.1 Termination by You

You may terminate your account and stop using the Service at any time by deleting your account through the App's settings or by contacting us at info@embive.com. If you have an active Premium subscription, terminating your account does not automatically cancel your subscription; you must also cancel your subscription through your Apple ID account settings to avoid further charges.

14.2 Termination by Embive

Embive reserves the right to suspend or terminate your account, remove content, or restrict your access to all or any part of the Service, at any time, with or without cause, with or without notice, and without liability to you. Grounds for termination may include, but are not limited to: violation of these Terms, fraudulent or abusive activity, extended periods of inactivity, requests by law enforcement or government agencies, or discontinuation of the Service.

14.3 Effect of Termination

Upon termination of your account: (a) your license to use the Service will immediately cease; (b) you must promptly delete all copies of the App from your devices; (c) your User Content may be deleted in accordance with our data retention policies and Privacy Policy; and (d) any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6 (Affiliate Links), 8.2 (License Grant), 9 (Intellectual Property), 11 (Disclaimers and Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), and this Section 14.3.

15. Changes to Terms

Embive reserves the right to modify, amend, or update these Terms at any time at our sole discretion. When we make material changes, we will update the "Effective Date" at the top of these Terms and may provide additional notice through the App (such as an in-app notification), by email, or through other reasonable means. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after posting, except for changes addressing legal requirements, which may take effect immediately.

Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and terminate your account.

We encourage you to periodically review these Terms to stay informed of any updates. The most current version of these Terms will always be available at embive.com/terms.

16. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the Service, please contact us:

GHDM LLC
Email: info@embive.com
Website: embive.com

For DMCA notices, please email info@embive.com with the subject line "DMCA Notice."

For subscription and billing inquiries, please manage your subscription through your Apple ID account settings or contact Apple Support at support.apple.com.