Terms of Service

1. Who may use Embrata

You must be at least 18 years old (or the age of majority where you live) to hold an account. A child is never an account holder. Only a parent or legal guardian creates and controls a journey on a child’s behalf and may invite family members.

2. Accounts & sign-in

Sign-in is passwordless: we send a one-time code to your email or phone. Keep your contact details accurate and your devices secure. You are responsible for activity under your account.

3. Your content

You retain ownership of the photos, videos, audio, and other content you add. You grant Embrata a limited license to host, process, and display your content to provide the Service to you and the people you invite. You are responsible for having the rights and consents to upload content, including images of other people.

Clinic-provided ultrasound media is keepsake media and is not for medical or diagnostic use.

4. Family sharing & acceptable use

You control who you invite and their role. Do not upload unlawful, infringing, or harmful content, attempt to access others’ journeys, or misuse the Service. We offer reporting tools and may remove content or suspend accounts that violate these Terms.

5. Messaging consent

With your opt-in, we may send transactional and notification messages by email or SMS. Message/data rates may apply. You can opt out of promotional SMS by replying STOP (HELP for help) and of promotional email via the unsubscribe link. Transactional messages (such as sign-in codes) are necessary to use the Service.

6. Free forever, Plus & billing

Your journey’s base tier is free — and stays free. We commit that the free tier does not expire and is never removed for non-payment: your private timeline, clinic-delivered media, family invites within your free allowances, and viewing, downloading, and exporting everything you have already added all remain available without payment, forever. A free journey never enters a wind-down or deletion path because of non-payment, and we will never delete your family’s memories for non-payment.

Embrata Plus is an optional paid subscription that raises your storage and family-seat allowances. Pricing is shown in the Service before you subscribe. Subscriptions renew automatically until cancelled; you can cancel at any time from account settings, effective at the end of the current billing period, and we will notify you before any price increase takes effect. If your Plus subscription lapses, your journey simply returns to the free tier: everything already stored stays stored and remains accessible, and adding new content or seats beyond the free allowances may require Plus again. Lapsing never deletes content.

If we ever discontinue the Service, we will give you at least ninety (90) days’ prior notice and an opportunity to export your journey and media before anything is removed.

7. Your child’s journey & coming of age

Until a child reaches the age of majority where they live, their journey is created and controlled by a parent or legal guardian, as described in Section 1. Once the child reaches the age of majority, they may ask us to transfer ownership and control of their journey to them. We will verify identity and the account holder’s consent or other lawful basis before any transfer, and we will notify the current account holder.

After a transfer, the (now adult) child controls the journey — including who may access it and whether it continues to exist. Family members keep the rights in content they themselves contributed (Section 3), and we may retain records we are required to keep by law (such as audit and consent records).

8. Your data rights

You can export your journey and media and delete your account at any time from account settings. Deletion follows a short recovery buffer before permanent removal, except for records we must retain by law (such as audit logs).

9. Disclaimers & limitation of liability

THE SERVICE IS PROVIDED “AS IS.” TO THE EXTENT PERMITTED BY LAW, EMBRATA DISCLAIMS IMPLIED WARRANTIES AND IS NOT LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES; OUR AGGREGATE LIABILITY IS LIMITED TO THE AMOUNTS YOU PAID FOR THE SERVICE IN THE PRIOR TWELVE (12) MONTHS.

10. Dispute resolution & arbitration

Most concerns can be resolved quickly and informally: before starting any formal proceeding, you agree to contact us at hello@embrata.com describing the issue, and we will try in good faith to resolve it within sixty (60) days.

If we cannot resolve a dispute informally, you and Embrata agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive relief in court for infringement or misuse of intellectual property or unauthorized access to the Service. The Federal Arbitration Act governs this section.

YOU AND EMBRATA EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. Disputes are resolved only on an individual basis; the arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

You may opt out of this arbitration agreement entirely by emailing hello@embrata.com within thirty (30) days of first accepting these Terms, stating your name, the account email or phone, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

11. Changes, governing law & contact

We may update these Terms with notice; material changes will be notified before they take effect, and continued use after the effective date means you accept the changes. These Terms are governed by the State of Louisiana, United States, without regard to conflicts of law. Contact: hello@embrata.com.