Last updated: May 8, 2026
These Terms of Service ("Terms") govern your use of the Ember mobile application (the "App") and the website at ember-cigars.com (the "Website"). The App and Website are operated by Ember ("we," "our," or "us"). By using the App or Website, you agree to these Terms. If you do not agree, do not use the App or Website.
You must be at least 21 years old to use the App. By creating an account, you represent and warrant that you are at least 21 years of age and that you provided your real date of birth during age verification. The App is a cigar tracking and discovery tool intended for legal-age tobacco enthusiasts. Misrepresenting your age is a violation of these Terms and may result in immediate termination of your account.
You may create an account using Google Sign-In or email and password. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must provide accurate information and keep it up to date. You must notify us immediately of any unauthorized use of your account.
You agree to use the App and Website only for their intended purpose: tracking and discovering cigars. You agree not to:
We may remove content or terminate accounts that violate these rules, in our sole discretion.
The App lets you submit content, including: smoke log entries (ratings, tasting notes, pairings, photos, personal notes), humidor inventory data, wishlist entries, comments and likes on community feed posts, custom cigar submissions to our catalog, and cigar shop submissions, reviews, photos, and check-ins (collectively, "User Content").
You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and process that content as necessary to operate and improve the App, including displaying it to other registered Ember users where applicable (for example, in the Community Feed, in shop pages, and in cigar detail pages).
You represent and warrant that you own or have the necessary rights to all User Content you submit and that submitting it does not violate the rights of any third party.
Custom cigar submissions and cigar shop submissions are subject to admin review before appearing in the public database. We reserve the right to reject, edit, or remove submissions that are inaccurate, duplicate, low-quality, or inappropriate.
Smoke log entries you create — including cigar name, rating, tasting notes, personal notes, and any photo you attach — are visible to all other registered Ember users on the Community Feed. By logging a smoke, you consent to your entry being shown publicly within the App alongside your display name. Comments you post are likewise visible to all registered users. You should not include private or sensitive information in your smoke logs or comments.
The App includes a database of cigars compiled from publicly available sources. While we strive for accuracy, we do not guarantee that any cigar information (ratings, tasting notes, pricing, vitola specifications, origin, etc.) is complete or current. Top-25 lists and editorial scores displayed in the App are sourced from Cigar Aficionado and Halfwheel and remain the property of their respective publishers. Cigar names, brand names, and band imagery are used solely for informational and identification purposes and remain the property of their respective owners.
Some features of the App require a Premium subscription. Premium is offered as a monthly subscription, an annual subscription, or a one-time lifetime purchase. All purchases are processed through Apple's App Store using your Apple ID; we do not receive or store your payment information.
The App offers optional integrations with third-party services and hardware:
We are not responsible for the acts or omissions of any third-party service or any content you access through them.
If you opt in to push notifications, the App may send you notifications about feed activity, achievements, and important announcements. You can disable notifications at any time in your device's settings.
The App, the Website, and their original content, design, code, logos, and underlying technology are owned by Ember and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the App or Website without our prior written consent, except as expressly permitted by these Terms or by applicable law.
"Ember" and the Ember flame logo are unregistered trademarks of Ember. All other trademarks, service marks, and trade names referenced in the App or Website (including cigar brand names) are the property of their respective owners.
We respect the intellectual property rights of others. If you believe that content available through the App or Website infringes a copyright you own or control, please send a written notice to support@ember-cigars.com that includes:
We will respond to valid notices in accordance with applicable law and may remove or disable access to material we believe in good faith to be infringing. We may also terminate the accounts of repeat infringers.
The following terms apply because the App is distributed through the Apple App Store:
The App and Website are provided "as is" and "as available" without warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App or Website will be uninterrupted, error-free, secure, or free of harmful components, or that any information presented is accurate or complete.
To the maximum extent permitted by law, Ember and its operators, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or relating to your use of the App or Website, even if we have been advised of the possibility of such damages. Our total cumulative liability for any claim arising from or relating to the App or Website shall not exceed the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred U.S. dollars (US$100).
You agree to defend, indemnify, and hold harmless Ember and its operators from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the App or Website; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right, including any intellectual property or privacy right.
Ember is a cigar tracking and discovery tool. We do not promote, encourage, or endorse tobacco use. Tobacco products carry health risks, including cancer, heart disease, and lung disease. Please consult health professionals and comply with all applicable laws regarding tobacco use in your jurisdiction.
We may suspend or terminate your account at any time, with or without notice, for any violation of these Terms or for any other reason in our sole discretion. You may delete your account at any time by contacting us at support@ember-cigars.com. Sections that by their nature should survive termination (including User Content license, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law) will survive.
We may update these Terms from time to time. We will notify you of changes by updating the "Last updated" date at the top of this page. Material changes may also be communicated through the App. Continued use of the App or Website after changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict-of-law principles. Any legal action arising out of or relating to these Terms, the App, or the Website must be brought exclusively in the state or federal courts located in Ada County, Idaho, and you consent to the personal jurisdiction of those courts.
Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ember regarding your use of the App and Website and supersede any prior agreements.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any right or provision will not be considered a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
Force Majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, network outages, or third-party service failures.
If you have questions about these Terms, contact us at: