Terms of Service
Effective Date: March 14, 2026
Last Updated: March 14, 2026
These Terms of Service (the "Terms") govern your access to and use of Ash & Ember Society (the "Service"), a mobile-first web application operated by Ash & Ember LLC, a Utah limited liability company ("Ash & Ember," "we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
These Terms incorporate by reference our Privacy Policy and our End User License Agreement. In the event of a conflict between these Terms and the End User License Agreement with respect to use of the software itself, the End User License Agreement controls as to that subject matter.
1. Eligibility and Age Restriction
The Service relates to premium cigars and other tobacco products. You must be of legal age to purchase, possess, and consume tobacco products in your jurisdiction. In the United States, you must be at least twenty-one (21) years old. Outside the United States, you must meet the minimum legal age applicable where you reside. By using the Service, you represent and warrant that you meet these age requirements and that your use of the Service does not violate any law or regulation in your jurisdiction.
The Service is not directed to anyone under the age of twenty-one (21) or under the legal smoking age in their jurisdiction, whichever is greater. We do not knowingly collect information from or provide services to such persons. If we learn that we have collected information from a person below the applicable age, we will delete that information.
2. The Service
Ash & Ember Society is a platform for cigar enthusiasts. The Service includes, without limitation, digital humidor management, smoke and burn logging, a cigar catalog, community discussion ("Lounge"), a shop directory with maps, dashboards, content discovery, and account management. Features, content, and availability may change at any time without notice.
The Service is provided as a software-as-a-service offering accessed through a web browser or installable progressive web app. We do not sell, distribute, or ship tobacco products. The Service may surface information about third-party shops, brands, and products for informational purposes only.
3. Health, Safety, and Tobacco Warnings
Smoking causes serious health risks, including but not limited to cancer, heart disease, lung disease, and adverse pregnancy outcomes. Tobacco products contain nicotine, which is addictive. The Service is for informational, recreational, and community purposes only and is not medical, health, or harm-reduction advice. Always consult a qualified healthcare professional regarding your personal health. By using the Service, you acknowledge these risks and assume full responsibility for your decisions regarding tobacco use.
You agree not to use the Service to encourage tobacco use by minors, to promote unlawful sale or distribution of tobacco, or in any manner inconsistent with applicable tobacco control laws in your jurisdiction.
4. Accounts
To access most features, you must create an account. You agree to provide accurate, current, and complete information and to keep that information updated. You are responsible for safeguarding your credentials and for all activity that occurs under your account. You must notify us immediately at support@ashember.vip of any unauthorized use of your account or any other suspected breach of security.
We may suspend, restrict, or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or for any other reason consistent with these Terms or the law.
5. Membership Tiers, Subscriptions, and Billing
The Service offers a free tier and paid subscription tiers ("Member" and "Premium"). Current pricing is presented in the Service at the time of purchase and may change with notice. Free tier features may be limited, including limits on humidor capacity and read-only access to community features. Paid tiers unlock additional features as described in the Service.
Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as you select) through our third-party payment processor, Stripe. By starting a paid subscription, you authorize us and Stripe to charge your designated payment method on the recurring schedule until you cancel. Subscriptions automatically renew at the end of each billing period at the then-current rate unless cancelled before the renewal date.
You may cancel a paid subscription at any time through the account management area of the Service. Cancellation takes effect at the end of the current paid billing period. You will retain access to paid features until the end of that period. We do not provide prorated refunds for partial periods, except where required by applicable law. If a payment fails, we may suspend paid features and retry the charge in accordance with Stripe's standard processes.
Promotional offers, discounts, trials, partner discounts, and event pricing may be subject to additional terms presented at the point of offer. We reserve the right to modify pricing, features, and tier benefits at any time, with reasonable advance notice for material changes to active subscribers.
6. Refunds
All purchases are final except where a refund is required by applicable law. If you believe you are entitled to a refund under consumer protection laws in your jurisdiction, contact us at support@ashember.vip. Refund requests outside of statutory rights are evaluated on a case-by-case basis at our sole discretion.
7. User Content
The Service lets you submit content, including but not limited to humidor entries, smoke and burn reviews, photos, ratings, comments, posts, and profile information ("User Content"). You retain ownership of your User Content. You grant Ash & Ember a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for technical purposes such as resizing or reformatting), display, perform, and distribute your User Content in connection with operating, providing, improving, and promoting the Service. This license continues for as long as your User Content remains on the Service and for a reasonable period afterward for backup, legal compliance, and dispute resolution purposes.
You represent and warrant that you own or have all necessary rights to your User Content, that your User Content does not violate any law or third-party right (including intellectual property, privacy, and publicity rights), and that your User Content complies with these Terms.
We do not pre-screen User Content, but we reserve the right to remove, restrict, or refuse any User Content at our sole discretion, including content that we believe violates these Terms or could create risk for us, our users, or third parties.
8. Acceptable Use
You agree not to use the Service to do any of the following: violate any law or regulation; infringe any third-party right; transmit content that is unlawful, harassing, defamatory, obscene, hateful, fraudulent, or otherwise objectionable; impersonate any person or entity or misrepresent your affiliation; promote sale of tobacco products to minors; promote illegal drug use or unlawful activity; upload viruses, malware, or other harmful code; interfere with or disrupt the Service or any servers or networks; probe, scan, or test the vulnerability of the Service or attempt to bypass any security measure; scrape, harvest, or systematically extract data from the Service without our prior written permission; use any automated means (bots, crawlers, scripts) to access the Service except as expressly permitted; reverse engineer, decompile, or disassemble the Service except as permitted by law; or use the Service in any way that could damage, disable, or impair the Service or interfere with any other party's use.
9. Community Standards (Lounge)
The Lounge is a community space. You agree to engage respectfully. Personal attacks, harassment, hate speech, doxxing, sexually explicit content, spam, advertising without authorization, and content that targets minors are prohibited. We may remove content and suspend accounts that violate these standards, at our sole discretion and without prior notice.
10. Shops, Vendors, and Third-Party Content
The Service surfaces information about cigar shops, vendors, brands, products, news, and other third-party content. We do not control and are not responsible for third-party content, products, services, websites, or businesses. Any interaction or transaction you have with a third party is solely between you and that third party. References to "partner" shops or featured vendors do not create any agency, partnership, joint venture, or employment relationship and do not constitute an endorsement of any specific product or service.
Member and Premium discounts at participating shops are honored at the discretion of each participating shop. We are not responsible for a shop's failure to honor a discount or for any dispute arising from your visit to a third-party location.
11. Maps and Location Data
The Service uses Google Maps and related Google services to display shop locations and related information. Your use of those features is subject to Google's terms. We may collect approximate or precise location data with your permission to surface relevant nearby content. You can disable location access through your device or browser settings.
12. Intellectual Property
The Service, including all software, text, graphics, logos, images, audio, video, design, and the selection and arrangement thereof (but excluding User Content), is owned by Ash & Ember or its licensors and is protected by United States and international intellectual property laws. Except for the limited license described in our End User License Agreement, no rights are granted to you in or to the Service.
"Ash & Ember," "Ash & Ember Society," and associated marks, logos, and slogans are trademarks of Ash & Ember LLC. You may not use these marks without our prior written permission.
13. Feedback
If you submit ideas, suggestions, or feedback about the Service, you grant Ash & Ember an irrevocable, perpetual, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, modify, and exploit that feedback for any purpose, without obligation or compensation to you.
14. Copyright Complaints (DMCA)
If you believe that content on the Service infringes your copyright, send a notice to support@ashember.vip that includes: a physical or electronic signature of the rights holder or authorized agent; identification of the copyrighted work claimed to have been infringed; identification of the material claimed to be infringing and information sufficient to locate it; your contact information; a statement that you have a good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner. We may remove or disable access to allegedly infringing content and terminate repeat infringers in appropriate circumstances.
15. Privacy
Our Privacy Policy describes how we collect, use, and protect information about you. By using the Service, you agree to the collection and use of information in accordance with the Privacy Policy.
16. Third-Party Services
The Service relies on third-party providers, including Supabase (database, authentication, and storage), Stripe (payments), Google (maps and related services), Vercel (hosting), and others. Your use of the Service may be subject to those providers' terms and policies in addition to these Terms. We are not responsible for the acts or omissions of third-party providers.
17. Beta and Experimental Features
We may offer features labeled as "beta," "preview," "experimental," or similar. Such features are provided as-is, may be unstable, may be modified or removed at any time, and may be subject to additional terms presented at the point of access.
18. Service Availability and Modifications
We strive to keep the Service available but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, third-party outages, or events outside our control. We may modify, suspend, or discontinue all or part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation.
19. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASH & EMBER DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INCLUDING CIGAR CATALOG DATA, SHOP INFORMATION, NEWS, REVIEWS, AGING DATA, ENVIRONMENTAL OR WEATHER DATA, OR USER CONTENT.
NOTHING IN THE SERVICE CONSTITUTES MEDICAL, HEALTH, LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted by law.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ASH & EMBER, ITS AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, gross negligence, or willful misconduct.
21. Indemnification
You agree to defend, indemnify, and hold harmless Ash & Ember, its affiliates, and their respective officers, members, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Service, your User Content, your violation of these Terms, or your violation of any law or third-party right.
22. Termination
You may stop using the Service at any time and may delete your account through the account management area or by contacting support@ashember.vip. We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice. Sections that by their nature should survive termination will survive, including ownership provisions, license grants for User Content already submitted, disclaimers, limitations of liability, indemnification, and dispute resolution.
Upon termination of a paid subscription, you will lose access to paid features at the end of the current billing period. We may retain certain data as required by law or for legitimate business purposes consistent with our Privacy Policy.
23. Governing Law
These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Utah, United States of America, without regard to its conflict-of-laws principles, except where applicable mandatory consumer protection laws of your country of residence provide otherwise. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
24. Dispute Resolution; Arbitration; Class Action Waiver (U.S. Users)
This Section 24 applies to users located in the United States. If you reside outside the United States, see Section 25.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ASH & EMBER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Informal Resolution. Before filing any claim, you agree to first contact us at support@ashember.vip and attempt in good faith to resolve the dispute informally for at least sixty (60) days.
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Salt Lake County, Utah, or, at your election, by telephone or videoconference. Judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver. YOU AND ASH & EMBER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Exceptions. Either party may bring an individual action in small claims court for any dispute within the court's jurisdiction. Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or to address unauthorized access.
Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@ashember.vip within thirty (30) days after first accepting these Terms. The notice must include your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration.
If any portion of this Section 24 is found unenforceable, the remainder will remain in effect, except that if the class action waiver is found unenforceable, this entire Section 24 will be void.
25. International Users
The Service is operated from the United States. If you access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. You consent to the transfer of your information to the United States and other countries where we or our service providers operate, which may have different data protection laws than your country.
For users in the European Union, United Kingdom, or other jurisdictions where the arbitration provisions in Section 24 are not enforceable as written, those provisions do not apply to the extent prohibited by local law, and the courts of competent jurisdiction in your country of residence may have non-exclusive jurisdiction.
For users in the European Union, you may have rights under the EU Consumer Rights Directive, including a fourteen-day right of withdrawal for distance contracts, subject to the exceptions in that Directive.
26. U.S. Sanctions and Export Controls
You represent that you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You agree not to use the Service in violation of any U.S. or other applicable export control or sanctions law.
27. Changes to These Terms
We may update these Terms from time to time. The "Last Updated" date at the top reflects the most recent change. If we make material changes, we will provide notice through the Service or by email. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.
28. Miscellaneous
These Terms, together with the End User License Agreement and the Privacy Policy, constitute the entire agreement between you and Ash & Ember regarding the Service and supersede any prior agreements. No waiver of any term will be deemed a further or continuing waiver of that term or any other term. If any provision is held invalid or unenforceable, the remaining provisions will continue in full force and effect. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms freely. Section headings are for convenience only and have no legal effect. Notices to you may be provided through the Service or to the email address associated with your account.
29. Contact
Ash & Ember LLC
Email: support@ashember.vip
For all questions about these Terms, please contact us at the email above.