**DRAFT — attorney starting point. Not legal advice. Review and finalize with counsel (including state
wiretap / two-party-consent exposure) before launch.**
Ember & Elm is a moderated, members-only (21+) community. To keep it safe, lawful, and working, **the operator
and its AI agents can access content you post or send** — for moderation, safety, legal compliance, and
operations. **We are not end-to-end encrypted, and "private" spaces are private from other members, not from our
safety and moderation systems.** We collect only what we need, restrict and log internal access, and let you
request access to or deletion of your data. If you wouldn't want it reviewed for safety, don't post it here.
provider and do not store your ID image or raw ID fields beyond what the verification step requires.
To operate the Service; verify eligibility (21+); personalize your experience (including AI-agent memory of your
preferences); moderate the community and keep it safe; detect and stop fraud, attacks, and abuse; communicate
with you; process payments; comply with law; and improve the Service.
Ember & Elm is not end-to-end encrypted. Authorized staff and AI agents may access your content for
moderation, safety, legal compliance, and operations:
(e.g., preferences, cigars you own, avoidances) to personalize help. You can view and request deletion of what
an agent remembers about you.
Any feature called "private," "women-only" (including Ember & Iris), or "members-only" is **hidden from other
members, not from our moderation, safety, and security systems, and is not end-to-end encrypted.**
We share with service providers who help us run the Service under contract — for example payment processors,
hosting/database providers, the age-verification provider, and the AI model and web-search providers that power
our agents. We may disclose information to comply with law or lawful requests, to protect safety and our
rights, and in a business transfer. We do not sell your personal information.
We collect and keep only what we need for the purposes above, set retention limits, and delete or de-identify
aged content where feasible. Some data is retained longer where required by law (e.g., financial records) or to
resolve disputes and enforce our Terms.
Not everyone on our team can see everything; access follows least-privilege and our consumer/management boundary.
Administrative and agent access to member content is logged to an immutable audit trail.
We maintain administrative, technical, and physical safeguards and a written incident-response plan, and will
notify affected members and regulators within the windows applicable law requires. No system is perfectly secure.
Depending on where you live (e.g., under CCPA/CPRA and similar state laws), you may have rights to access,
correct, delete, or port your personal information, and to limit certain uses — including a request to delete
what an AI agent remembers about you — subject to legal retention duties. To exercise rights, contact
[email protected]. We will not discriminate against you for exercising them.
Ember & Elm is strictly 21+ and not directed to children. We do not knowingly collect data from anyone under
13 (COPPA) or permit anyone under 21 to use the Service. If we learn we have collected data from a child, we will
delete it.
and consented to, consistent with laws such as Illinois BIPA. [Counsel to confirm before any such feature.]
sensitivity and is still subject to the access disclosure above.
We use cookies/local storage needed to run the Service and to remember your settings. [Counsel/engineering to
list any analytics or tracking; note session-replay and similar tools raise wiretap-law exposure — see §13.]
The Service is operated from the United States; by using it you understand your information is processed in the
U.S. [Counsel to address cross-border transfer mechanisms if you accept EU/UK users.]
Several U.S. states (e.g., California's CIPA, Illinois, Florida) are two-party-consent jurisdictions with active
litigation over message interception and session replay. Real-time interception is legally distinct from storing
messages you send to the platform. This is flagged for counsel to review against where our members are located.
We may update this Policy; we will post the updated version with a new "Last updated" date and, for material
changes, provide reasonable notice.
Privacy questions or requests: [email protected]
© Ember & Elm. *Draft for counsel review; not legal advice. Companion frameworks:
Ember-and-Elm-Access-and-Privacy-Disclosure.md, Ember-and-Elm-Lawful-by-Design.md, Ember-and-Elm-Security-Division.md.*