EmberWorks

Kindra Terms of Use

Effective Date: August 19, 2026 | Last Updated: August 19, 2026

Please read these Terms carefully before using Kindra. They form a binding legal agreement between you and EmberWorks Digital, LLC ("EmberWorks," "we," "us," or "our"), the company behind the Kindra app. By creating an account, accessing, or using Kindra on iOS, Android, or any other platform, you agree to these Terms. If you do not agree, do not use the Service.

1. Acceptance & Agreement

These Terms of Use ("Terms"), together with our Privacy Policy and any additional policies referenced herein, govern your access to and use of the Kindra mobile application, website, and related services (collectively, the "Service"), operated by EmberWorks Digital, LLC.

By tapping "Continue," "Create Account," "Start 14-Day Trial," or otherwise accessing the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization.

Your continued use of the Service after any modification to these Terms constitutes acceptance of the updated Terms.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and 17 years old, you may only use the Service with the verifiable consent of a parent or legal guardian who agrees to these Terms on your behalf. By using the Service, you represent that you have obtained such consent.

The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that a user under 13 has provided personal information without parental consent, we will promptly delete that information and terminate the account.

Certain subscription or payment features may require you to be at least 18 years of age or the age of majority in your jurisdiction.

You represent that you are legally capable of entering into a binding contract and are not barred from using the Service under applicable laws.

3. Account Registration & Security

3.1 Account Creation

To access most features, you must create an account using a valid email address or a supported third-party authentication provider (e.g., Sign in with Apple, Google). You agree to provide accurate, complete, and current information and to keep it updated.

3.2 Credentials & Security

You are solely responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at support@emberworksdigital.com if you suspect any unauthorized access to or use of your account. EmberWorks will not be liable for any loss or damage arising from your failure to protect your credentials.

3.3 One Account per Person

You may not create more than one account without our express written permission. Duplicate accounts may be merged or terminated.

3.4 Account Transfer

You may not transfer, sell, or assign your account to any third party without EmberWorks's prior written consent.

4. The Service – What Kindra Provides

Kindra is an AI-powered improv practice application designed to help users build skills and confidence through daily drills, voice-first exercises, and an AI scene partner. The Service includes:

  • Daily Drills: Short, structured improv exercises (e.g., Word Ball, Five Things, Base Reality, Emotions).
  • AI Scene Partner: An interactive, AI-generated character that responds to your voice and text inputs in real time.
  • Voice Recording & Transcription: Audio capture and processing to enable voice-first interactions and AI feedback.
  • Progress Tracking: Streak tracking, performance analytics, badges, and gamification features.
  • AI Feedback: AI-generated coaching, scene recaps, and performance summaries.
  • Premium Features: Unlimited drills, extended AI scene sessions, cloud speech processing, premium AI voices, builder tools, archive access, and coaching features (available via subscription).

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with or without notice, and without liability to you.

5. Free Tier, Subscriptions & Payments

5.1 Free Tier

Kindra offers a limited free tier that includes up to 5 drills per day and a "taste" of the AI scene partner and premium features. Free-tier access is subject to daily caps and feature limitations as described in the app.

5.2 Premium Subscription

Premium access is available for $4.99 per month (or the equivalent price displayed in your local currency at time of purchase). A Premium subscription includes unlimited daily drills, unrestricted AI scene partner access, cloud-based speech processing, premium AI voices, builder and archive tools, and coaching features.

5.3 Auto-Renewal

Subscriptions auto-renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. You authorize us (or our payment processor or app store platform) to charge your payment method on file for each renewal period. Prices are subject to change with at least 30 days' advance notice; continued use after a price change takes effect constitutes acceptance of the new price.

5.4 Billing

Payments are processed through Apple App Store, Google Play Store, or another payment provider as applicable. Your payment method will be charged at confirmation of purchase. You are responsible for all applicable taxes.

5.5 Cancellation

You may cancel your subscription at any time through your Apple App Store or Google Play account settings, or through the account settings within the app. Cancellation takes effect at the end of the then-current billing period; you will retain Premium access through the end of that period. We do not pro-rate partial months.

5.6 Refunds

All payments are generally non-refundable except as required by applicable law or as expressly stated in our refund policy. Refund requests for purchases made through Apple App Store or Google Play must be submitted directly to those platforms per their applicable policies. If you believe you are entitled to a refund outside of those channels, contact us at support@emberworksdigital.com and we will review your request in good faith.

Important: If you do not cancel before your trial converts to a paid subscription, you will be charged $4.99 for the first billing period. See Section 6 for full trial terms.

6. Free Trial

EmberWorks may offer a 14-day free trial of Premium access to new subscribers. The following terms apply to any free trial:

  • Free trials are available to new subscribers only. We reserve the right to determine eligibility at our sole discretion.
  • Depending on the promotional offer, a valid payment method may or may not be required to start a trial. Where no card is required at signup, you must provide a valid payment method before the trial expires to continue with a paid subscription.
  • At the end of the trial period, your subscription will automatically convert to a paid Premium subscription at the then-current rate unless you cancel before the trial expires.
  • You will receive a reminder notification before your trial ends. Cancellation instructions are available in the app under Account > Subscription.
  • EmberWorks reserves the right to revoke trial eligibility, limit one trial per user, and discontinue trial offers at any time.

7. Top-Up Credits

Premium subscribers may purchase additional practice credits ("Top-Up Credits") in increments of $2.00 or $5.00 to extend usage beyond any session or usage allotments. The following terms apply:

  • Top-Up Credits are non-refundable and have no cash value.
  • Credits are tied to your account and cannot be transferred.
  • Unused credits expire if your Premium subscription lapses. EmberWorks is not responsible for forfeited credits resulting from subscription cancellation or account termination.
  • Credit pricing and allotment terms may be updated with reasonable notice.

8. Referral Program

Kindra may offer a referral program under which you can earn rewards by inviting new users to the Service. Current terms:

  • When a person you refer ("Referred User") creates an account using your unique referral link and completes their first drill, both you and the Referred User may receive a promotional benefit (e.g., two (2) weeks of Premium access at no charge).
  • Referral rewards are credited automatically upon qualifying completion. Only one reward per unique Referred User will be granted.
  • Referral rewards have no cash value and cannot be transferred, sold, or exchanged for other consideration.
  • Abuse of the referral program, including creating fake accounts, self-referrals, or automated sign-ups, will result in forfeiture of all rewards and may lead to account termination.
  • EmberWorks reserves the right to modify, suspend, or terminate the referral program at any time. Any rewards already earned in good faith will be honored for the duration of the applicable benefit period.

9. Voice Recording & Audio Data

This section is important. Kindra is a voice-first application. Using core features requires you to grant microphone access and involves the collection and processing of audio data. Please read this section carefully.

9.1 Microphone Access

You will be prompted to grant Kindra access to your device's microphone. This access is necessary to enable voice-first drills, AI scene partner interactions, and transcription. You may revoke microphone access through your device settings at any time, though doing so will disable voice-dependent features.

9.2 Audio Collection & Transcription

When you use voice features, Kindra captures audio from your microphone and processes it for transcription using on-device speech recognition (Whisper/WASM) or, for Premium users, cloud-based speech services. Transcriptions are used to enable AI scene partner responses; generate AI feedback and coaching on your performance; power drill mechanics that require spoken input; and analyze and display your progress metrics.

9.3 Retention & Storage

Audio recordings may be temporarily buffered during a session for processing purposes. Transcripts and session data may be retained in association with your account to enable features such as session history, progress tracking, and AI coaching continuity. Details on data retention periods are set forth in our Privacy Policy.

9.4 No Biometric Identification

Kindra does not use voice recordings to identify or authenticate you biometrically. Audio is processed solely for the purposes of transcription and practice feedback as described above.

9.5 Applicable Laws

If you reside in a jurisdiction with laws governing the collection of voice or biometric data (such as Illinois's Biometric Information Privacy Act (BIPA), the California Consumer Privacy Act (CCPA/CPRA), or the EU General Data Protection Regulation (GDPR)), additional rights and protections may apply to you. Please review our Privacy Policy for details and instructions on exercising your rights.

9.6 Third-Party Speech Processors

Cloud-based transcription (available to Premium subscribers) may route audio data through third-party speech processing providers. These providers process audio solely on our behalf subject to data processing agreements. EmberWorks does not sell your audio data to third parties.

10. AI-Generated Content

10.1 Nature of AI Content

The Service uses artificial intelligence to generate text, dialogue, feedback, performance assessments, character responses, and coaching suggestions ("AI Content"). AI Content is generated algorithmically and may contain errors, inaccuracies, or content that is inappropriate, incomplete, or inconsistent.

10.2 Practice Tool Only

AI Content is provided solely as a creative practice tool to support your improv training. It does not constitute professional instruction, therapeutic advice, medical guidance, or any form of certified coaching. EmberWorks makes no representations that AI-generated feedback will improve your performance or meet any particular standard.

10.3 No Reliance

You agree not to rely on AI Content for any purpose other than informal personal practice. You are solely responsible for evaluating the accuracy and appropriateness of any AI Content before acting on it.

10.4 AI Character Interactions

AI scene partner characters are fictional constructs designed to simulate improv scene partners. They have no legal identity, professional credentials, or obligations. Interactions with AI characters are for entertainment and practice purposes only.

10.5 Content Moderation

We implement content guidelines to minimize harmful, offensive, or inappropriate AI outputs. However, we cannot guarantee that all AI Content will be free from objectionable material. If you encounter AI Content you find harmful or inappropriate, please report it to support@emberworksdigital.com.

11. User Content

11.1 Ownership

You retain ownership of any content you create, submit, or record through the Service, including voice recordings, scene dialogue, written inputs, and custom AI character configurations ("User Content").

11.2 License to EmberWorks

By submitting User Content, you grant EmberWorks a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, process, display, and use your User Content to: (a) operate and provide the Service; (b) improve, develop, and train our AI models and algorithms (in de-identified or aggregated form); and (c) fulfill our obligations under these Terms.

11.3 Your Representations

You represent and warrant that: (a) you own or have the necessary rights to any User Content you submit; (b) your User Content does not infringe or violate any third-party rights; and (c) your User Content complies with these Terms and applicable law.

11.4 Content Standards

You agree not to submit User Content that is illegal, harmful, threatening, abusive, harassing, defamatory, pornographic, or otherwise objectionable. EmberWorks reserves the right (but has no obligation) to review, remove, or disable access to any User Content at our sole discretion.

12. Prohibited Conduct

You agree not to use the Service to:

  • Violate any applicable law, regulation, or third-party right;
  • Attempt to circumvent daily usage caps, feature gates, or subscription restrictions without authorization;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service;
  • Use automated bots, scrapers, or scripts to access or interact with the Service;
  • Resell, sublicense, or commercially exploit any portion of the Service without our express written consent;
  • Harass, abuse, threaten, or harm other users or EmberWorks personnel through any feature of the Service;
  • Submit false, misleading, or fraudulent information, including during account registration or in the referral program;
  • Interfere with or disrupt the integrity or performance of the Service or its infrastructure;
  • Attempt to gain unauthorized access to any account, system, or network associated with the Service;
  • Use the AI scene partner or any AI feature to generate illegal, hateful, or harmful content;
  • Upload or transmit malware, viruses, or other harmful code;
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.

Violation of these prohibitions may result in immediate suspension or termination of your account, at our sole discretion, without refund.

13. Intellectual Property

13.1 EmberWorks Ownership

The Service, including its software, source code, design, logos, trademarks, AI models, drill content, audio assets, text, graphics, and all other materials (excluding User Content), is owned by or licensed to EmberWorks Digital, LLC and is protected by copyright, trademark, patent, and other intellectual property laws. All rights not expressly granted to you are reserved.

13.2 Limited License to You

Subject to your compliance with these Terms, EmberWorks grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service on your personal devices for your personal, non-commercial practice purposes.

13.3 Feedback

If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant EmberWorks an irrevocable, perpetual, worldwide, royalty-free license to use and incorporate that Feedback for any purpose without restriction or compensation to you.

13.4 "Kindra" Name & Brand

You may not use "Kindra," "EmberWorks," or any EmberWorks trademark, service mark, or logo without our prior written consent. You may not use our branding in a way that implies endorsement or affiliation with any product, service, or entity.

14. Privacy

Our collection and use of your personal information, including voice data, usage data, and account information, is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in our Privacy Policy.

We take data security seriously and implement commercially reasonable measures to protect your information. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

15. Third-Party Services & App Stores

15.1 Apple App Store

If you download Kindra from the Apple App Store, the following additional terms apply:

  • These Terms are entered into between you and EmberWorks only; Apple, Inc. is not a party to these Terms.
  • Apple has no obligation to provide maintenance or support for Kindra.
  • In the event of any product liability claim, warranty claim, third-party intellectual property claim, or consumer protection claim related to Kindra, Apple has no responsibility. EmberWorks, not Apple, is solely responsible for addressing such claims.
  • Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.

15.2 Google Play Store

If you download Kindra from the Google Play Store, Google is not a party to or responsible for these Terms. Google Play's terms of service govern your relationship with Google with respect to your use of the Google Play platform.

15.3 Other Third-Party Services

The Service may integrate or interact with third-party services, APIs, or providers (including speech recognition services and AI platforms). Your use of such third-party services is subject to their respective terms of service and privacy policies. EmberWorks is not responsible for the content, practices, or policies of third parties.

16. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY.

EmberWorks does not warrant that: the Service will be uninterrupted, error-free, or free of viruses or other harmful components; any AI-generated content will be accurate, complete, reliable, or appropriate for your needs; your use of the Service will result in improved improv performance or any particular outcome; or the Service will be available in all geographic locations or compatible with all devices.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not fully apply to you.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMBERWORKS DIGITAL, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL EMBERWORKS'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU PAID TO EMBERWORKS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

These limitations reflect a reasonable allocation of risk between the parties and are a fundamental element of the basis of the bargain between you and EmberWorks. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

18. Indemnification

You agree to indemnify, defend, and hold harmless EmberWorks Digital, LLC and its officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party right; or (e) your violation of applicable law.

EmberWorks reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any such claim without EmberWorks's prior written consent.

19. Dispute Resolution & Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court. You and EmberWorks agree to resolve most disputes through binding individual arbitration rather than in court.

19.1 Informal Resolution First

Before initiating any formal proceeding, you agree to contact us at legal@emberworksdigital.com and give us a reasonable opportunity (at least 30 days) to resolve your concern informally. Most issues can be resolved this way.

19.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including questions of arbitrability) shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

19.3 Class Action Waiver

YOU AND EMBERWORKS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.

19.4 Exceptions

Either party may bring an individual action in small claims court for disputes within that court's jurisdiction. Either party may also seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

19.5 Opt-Out

You may opt out of arbitration by sending written notice to legal@emberworksdigital.com within 30 days of first accepting these Terms. Your opt-out notice must include your name, account email address, and a clear statement that you are opting out of arbitration. Opting out will not affect any other provision of these Terms.

20. Governing Law

These Terms and any dispute arising out of or relating to them shall be governed by the laws of the State of New Jersey, without regard to its conflict-of-law principles. To the extent any dispute is not subject to arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts of New Jersey.

21. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, legal requirements, or features of the Service. When we make material changes, we will notify you by: (a) posting an updated version at the URL where these Terms are published; (b) updating the "Last Updated" date; and (c) where feasible, sending a notice via email or in-app notification.

For material changes, we will provide at least 14 days' notice before the changes take effect. Your continued use of the Service after changes take effect constitutes your acceptance of the new Terms. If you disagree with the updated Terms, you must stop using the Service and cancel any active subscription.

22. Termination

22.1 Termination by You

You may stop using the Service at any time and delete your account through the app settings or by contacting us at support@emberworksdigital.com. Cancellation of your account does not automatically cancel a subscription; cancellation of your subscription must be done separately through your app store account settings.

22.2 Termination by EmberWorks

EmberWorks may suspend or terminate your account or access to the Service, with or without notice, for any reason, including if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal conduct, failed to pay any fees when due, or posed a risk to the Service or other users. We will make commercially reasonable efforts to notify you of termination where required by law.

22.3 Effect of Termination

Upon termination: (a) your license to use the Service immediately ends; (b) your access to your account, User Content, and subscription benefits will cease; (c) any unused Top-Up Credits will be forfeited; and (d) provisions that by their nature should survive termination (including Sections 11.2, 13, 16, 17, 18, 19, 20, and 23) will survive.

22.4 No Refund on Termination for Cause

If EmberWorks terminates your account for violation of these Terms, you will not be entitled to any refund of fees paid.

23. General Provisions

23.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and EmberWorks with respect to the Service and supersede all prior agreements and understandings.

23.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

23.3 No Waiver

EmberWorks's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

23.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. EmberWorks may freely assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

23.5 Force Majeure

EmberWorks shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government action, third-party infrastructure failures, or internet outages.

23.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You may not use the Service in violation of U.S. export laws or in a manner that would subject EmberWorks to sanctions or export control liability.

23.7 Notice

Notices to EmberWorks should be sent to the address in Section 24. Notices to you may be sent to the email address associated with your account or via in-app notification.

24. Contact Us

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

EmberWorks Digital, LLC
Email: support@emberworksdigital.com
Legal inquiries: legal@emberworksdigital.com
Website: kindra.app

See also our Privacy Policy and Support page.