Terms of Use
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Emberlane is made by Trollwick AS, a limited company (aksjeselskap) in Norway. These terms explain how the app and its subscription work, and what to do when something goes wrong. Emberlane is available for iPhone and iPad from Apple's App Store, and the purchase terms below are for that version.
Who we are
- Trollwick AS, registered in Enhetsregisteret (the Norwegian Central Coordinating Register for Legal Entities), organisation number 938 760 640. Not registered for VAT in Norway.
- Email: hello@emberlane.app
- Telephone: +47 459 23 313
- Postal address: on our Support page.
The licence, and which text applies
Your use of Emberlane is governed by Apple's Licensed Application End User License Agreement (the "Standard EULA"). That is the licence: it says what you may do with the app. In the Standard EULA, "Licensor" means us. These terms sit beside it and add how purchases, refunds, changes and the books work. Two rules decide between the texts:
- Where these terms give you more than the Standard EULA does, for example a promise, a longer notice or a right, these terms apply, and we are bound by them.
- Where the Standard EULA, or anything here, would take away or limit a right the law of your country gives you, the law applies instead.
In every other case the two are read together.
Your rights stay
Nothing in these terms, and nothing in the Standard EULA, takes away a right the law gives you as a consumer, and where the law gives you more than a term says, the law wins. For example, in Norway and the EU you can ask for a book or the app to be put right if it does not work as it should and, if it cannot be, for a lower price or your money back. Nothing in these terms limits a liability that the law does not let us limit, such as, in many countries, for death or personal injury. The Standard EULA has limits of its own on what Apple or a developer owes; they apply only as far as the law of your country allows.
What is free
One book is free to read, keep and listen to, with no subscription. Other books can be unlocked with a subscription.
Subscriptions
- Plans. Emberlane offers a monthly and a yearly subscription. The price and length of each plan are shown in the app before you buy, in your local currency. The yearly plan is paid once, for a year, and is meant to cost less than twelve monthly payments; the app shows both prices so you can compare them before you buy.
- What it includes. While your subscription is active you can read and download the books that are in the library at the time. We are making more books and plan to keep adding them; that is what "more to come" means in the app and on the App Store. We promise no number of books and no date for a new one. The library can also change in the ways set out in "If we change or stop things" below.
- Payment. Payment is charged to your Apple Account when you confirm the purchase or, if your plan starts with a free trial, when the trial ends.
- Automatic renewal. Your subscription renews automatically at the end of each period, at the price then shown for that plan, unless you turn off auto-renew at least 24 hours before the period ends. Your Apple Account is charged for the renewal within the 24 hours before the period ends. It keeps renewing until you cancel it.
- Managing and cancelling. You can manage or cancel your subscription at any time in your device's Settings: tap your name, then Subscriptions, then Emberlane, then Cancel Subscription. You can also reach this from Settings in the app, behind the grown-up check. Cancelling stops the next renewal; you keep access until the end of the period you have paid for (a month, or a year for the yearly plan). When a subscription has ended, the library books on your device lock until you subscribe again. They stay on the device, so they open again as soon as you resubscribe or restore.
- Telling us instead. You can also write to us at hello@emberlane.app about ending your plan. We cannot cancel inside Apple's system for you, so we will reply with the steps; only turning off renewal in your device's Settings stops it. If you live in Norway, another EEA country or the United Kingdom, we count your message as your notice from the day we receive it, and if Apple charges a renewal for a period that starts after that day, we will repay it. To ask, write to us with the Apple order ID of that charge (it is in Apple's receipt email and in your Purchase History). If Apple also refunds the same charge, tell us; we may ask you to pay back what we repaid, so that you are not repaid twice.
- Reminders. Apple sends renewal emails, and receipts if you have turned them on, to the email address on your Apple Account. We hold no email address tied to your purchase unless you have written to us or asked for notices, so we do not send reminders ourselves. Nothing in these terms limits your right under Norwegian law, or the law of your own country, to end a running plan; you can do it at any time, as described above.
- The yearly plan. The yearly price is paid once, for the whole year. You can cancel at any time; cancelling stops the next renewal, and you keep access to the end of the year you paid for. If you live in Norway, or in another EEA country or the United Kingdom and your yearly plan has renewed, and you end the plan after the first six months of a paid year, email us at hello@emberlane.app with your Apple order ID (it is in Apple's receipt email and in your Purchase History), and we repay the whole months left, counted from the end of month 6: one twelfth of the yearly price you paid for each month from then to the end of the year. There is no deadline to ask, and the day you write to us does not change the amount. This holds for each year of the plan, with month 6 counted from the start of that year: in Norway from the first year, elsewhere from the first renewal. In Germany, the Netherlands and Belgium, once your yearly plan has renewed you can end it at any time instead: email us as above, and we repay the part of the year that is left after one month (in Belgium, two months) after we receive your message, at one twelfth of the yearly price you paid for each month left, counting a part month as a whole month; here the day you write to us does count. The month-6 rule above does not apply in those three countries. Neither rule applies outside Norway, the EEA and the United Kingdom; what the law of your own country gives you is not limited by that. We pay within 14 days of your request, without a fee, by bank transfer, Vipps or another way we agree on, because we cannot reverse a charge Apple has taken. We cannot end the plan inside Apple's system, so please also turn off renewal in your device's Settings; the app may keep opening your books until Apple's period runs out. If Apple also refunds the yearly charge, tell us; we may ask you to pay back what we repaid.
- Free trial. The yearly plan comes with a free trial for new subscribers; its length (currently 7 days) is shown before you buy. When the trial ends, the subscription renews at the yearly price unless you cancel at least 24 hours before it ends. If you subscribe to another plan during the trial, any unused part of the trial ends when the paid subscription begins. A free trial is available once per Apple Account, as Apple's rules allow.
- Price changes. A price changes only for one of these reasons: the cost of hosting and making books, taxes, exchange rates, or new books and features. Apple emails you at least 30 days before a higher price takes effect, and you can cancel before it starts and never pay it; where the law or Apple's rules require it, Apple also asks for your agreement. A new price never applies to a period you have already paid for. If a rise is larger than the change in consumer prices would explain, you can also end your plan free of charge from the day the new price starts.
Family Sharing
The Library subscription works with Apple's Family Sharing. If you use it, your subscription can be shared with up to five family members besides you at no extra cost, on their own devices. Apple's rules decide who is in a family group and what is shared; when someone leaves the group, what was shared with them may stop opening for them.
Restoring purchases
If you get a new device or reinstall the app, open Settings in the app and choose Restore Purchases. Your subscription comes back from your Apple Account; there is nothing else to sign in to.
Downloads and your device
Books are downloaded to your device so they can be read without a connection. They take space on the device, and you can remove them in the app's Settings at any time and download them again later while you have access.
Refunds and problems
If something is wrong, tell us. For your money back there are two routes: ask Apple first, who takes the payment, and ask us where these terms say we repay you. We'll help you with either.
- A book or the app is not right. Write to hello@emberlane.app with the book and what happened. We will answer as soon as we can and put it right in reasonable time, at no cost to you, by fixing it or replacing the book. If we cannot, you can ask for a lower price or your money back, where the law of your country gives you this.
- When the law makes us repay you. If the law gives you a right to be repaid by us, for example because a fault cannot be put right, or because you end your plan after a change we made, write to us. We will see that you are repaid within 14 days of your claim, without a fee, in the way you paid. Apple holds the payment, so the money usually comes back through Apple and we will help you ask. If it has not come back from Apple in that time, we will repay you ourselves, in a way we agree with you. If Apple also refunds the same payment, tell us; we may ask you to pay back what we repaid, so that you are not repaid twice.
- Asking Apple. Apple takes the payment, so most refunds start with Apple: report a problem at reportaproblem.apple.com. Outside the cases above we cannot promise that Apple will refund, or how quickly. Apple decides under its own rules and the law.
- A child bought something. If a child made a purchase without a grown-up's say, report it to Apple at reportaproblem.apple.com and write to us as well, and we will help you ask. Ask to Buy and Screen Time on your device can stop it happening again.
- Changing your mind. In the EU and Norway you can cancel a purchase within 14 days of buying it, without giving a reason. The 14 days run from the day you first buy the plan; a renewal is not a new purchase and does not start them again. In Apple's App Store, use "Withdraw Transaction" in Apple Account, Purchase History, or report a problem. For digital content, the right ends only if the download or use has started, you asked for it to start at once, you accepted that this ends your right to cancel, and the purchase was confirmed to you. If you did not do all of that, the right stays for the whole 14 days. A subscription is a service: if you asked for it to start at once and cancel within the 14 days, you may have to pay for what you have already had.
- After a refund. The plan ends, and its library books stop opening on your devices, usually the next time the app opens. They stay on the device, locked, and open again if you subscribe again. The free book keeps opening.
- Cancelling a subscription stops the next renewal. By itself it does not refund the period you are in, but it does not take away any of the rights above, or the yearly plan's repayment described under "Subscriptions".
- Who sells to you. In Norway and most other places, Apple sells the subscription in its own name. In the United States, Canada, Australia, New Zealand, Japan, and the storefronts Apple lists as agent territories, in Latin America and the Caribbean, Apple acts only as our agent, so there the seller is Trollwick AS, a limited company in Norway (our organisation number, email, telephone and postal address are under "Who we are" above), and we owe you what is set out here. Apple still takes the payment, and you can ask it for a refund in the same way. The price and length of each plan, and the free trial, are shown in the app and again by Apple before you confirm. You can stop renewal at any time in your device's Settings, under Subscriptions, at least 24 hours before the period ends; there is no fee for stopping. In Brazil you can also withdraw within the 7 days that the Código de Defesa do Consumidor (art. 49) gives, and we repay as that law provides. In Australia and New Zealand the consumer guarantees of your law apply and cannot be excluded. In Japan, the seller details the law asks for are on a page in Japanese (特定商取引法に基づく表記). In South Korea, Apple Services Pte. Ltd. is the seller, not us: we supply the app and the books, and a page in Korean (한국 이용자 안내) gives you our contact details, the plans, how to end your plan and how repayment works, as these terms set them out.
- The law gives you rights beyond this list; see "Your rights stay" above.
The stories
We made and publish the stories, pictures, narration and music in Emberlane, and we keep every right we have in them. We license them to you for personal use by your family. Please do not copy, share or sell them, or take them out of the app. Sharing through Apple's Family Sharing, and use on devices you own or control, is fine.
Using Emberlane
Please do not try to get around the purchase check on our download server, copy books out of the app, or flood the download server with automated requests. We may refuse downloads that misuse the service; if you write to us, we will tell you why.
Grown-ups and children
Emberlane is for children with a grown-up beside them. The grown-up looks after screen time and after purchases made with their Apple Account. Purchases, Settings and links out of the app sit behind a grown-up check. A speed bump for small hands, not a lock. For a real lock, use Screen Time and Ask to Buy on your device. Emberlane is a storybook app. It is not medical advice, and we do not promise that any child will sleep.
If we change or stop things
We may add books, fix faults and improve the app. When what Emberlane offers changes, we say so on this page, and by email to anyone who has asked us to. To get notices by email, write to hello@emberlane.app and ask; we use your address only to send you these notices.
We take a book out of the library only for one of these reasons:
- someone else has a right in the book that we cannot settle, or a court, an authority or Apple requires us to remove it;
- the book is not safe or suitable for children;
- the book has a fault we cannot fix; or
- we replace it with a corrected or improved edition of the same book.
A book taken out can no longer be downloaded. A copy already on your device stays there and keeps opening while your plan is active; the app does not take it off your device. A book goes out at once, without the 30 days' notice below, in only two cases: it is not safe for children, or a court, an authority or Apple orders it. We will say so on this page as soon as we can, and we may ask you to delete your copy in the app's Settings. Any other book goes out only through the change rule below. If a book taken out (other than by replacing it) makes your plan worse in more than a minor way for you, for example because you had not yet downloaded it, you can end your plan, and we repay the part of the price for the paid time you will not have had, within 14 days of your claim. If our email notice of the removal did not reach you, we repay from the day of the removal instead, or you can ask for a lower price.
If a change makes your plan worse in more than a minor way, for example a book taken away other than by replacing it, or a feature your plan has had taken away, we will tell you before it starts, at least 30 days ahead, on this page and by email to anyone who has asked us to. The notice says what changes, when it starts, and that you can end your plan or, where we can, keep the plan as it was.
A change for the worse never applies to a period you have already paid for. The one exception is a book taken out of the library, where the rule is the one above, and the next paragraph if our email notice did not reach you. For any other change, a change for the worse binds you only if you got our email notice (we email only people who have asked us to), and then it starts for you when the period you have paid for has ended.
If you got our email notice, you can end your plan from the day of the notice until 30 days after the later of the notice and the day the change takes effect. If you did not get it, the change (a book taken out included) counts as a fault in your plan from the day it was made: you can end your plan when you learn of it, however late, and we repay the part of what you have paid for the time from that day, or you can ask for a lower price instead. We repay within 14 days of your claim. Your legal rights stay in every case.
If we ever stop offering Emberlane, we will give you at least 90 days' notice before new downloads stop, on this page, in the app's App Store description and by email to anyone who has asked us to, so you can download what you want while your plan lasts. After that, books already on your device keep opening offline while the app still runs on your device, and library books open while your plan is active. We will repay the part of the price for any paid time that runs past the day downloads stop.
Changes to these terms
We change these terms only for one of these reasons: a change in the law or a decision of an authority; a change in Apple's rules for apps or the App Store that we must follow; a change in what Emberlane offers, such as a new feature, plan or kind of product, that the terms need to describe; or correcting an error or unclear wording in a way that does not make your position worse. The date at the top is when the current text took effect, and it applies going forward; it does not change what you have already paid for. A change that makes your position worse has its own start date, given in the notice: we will tell you on this page, and by email to anyone who has asked us to, at least 30 days before it starts, and it never applies to a period you have already paid for. It binds you only if you got our email notice (we email only people who have asked us to). If you got it, you can end your plan from the day of the notice until 30 days after the later of the notice and the start date. If you did not get it, the change counts as a fault in your plan from the day it was made: you can end your plan when you learn of it, however late, and we repay the part of what you have paid for the time from that day, within 14 days of your claim, or you can ask for a lower price instead. Changes to what you are charged always go through Apple, as described above.
If the business moves
We may one day move Emberlane to another company we own. If we do, we will tell you on this page, and by email to anyone who has asked us to, at least 30 days before the move. From the move, the new company takes over our duties to you on the same terms, and you keep every right you have now. A claim you have for something that happened before the move can be made against Trollwick AS as well as against the new company.
If part of this does not hold
If a part of these terms turns out to be invalid, the rest stays in force.
Law, courts and complaints
Wherever you live, you keep the mandatory consumer rights of your own country. If you live in Norway, the EEA, the UK or Switzerland, you can also bring a claim in the courts where you live, and if we ever bring a claim against you as a consumer there, we will bring it only in the courts where you live. The Norwegian Consumer Authority (Forbrukertilsynet) supervises the consumer rules for digital services in Norway.
Contact
Questions about the app or these terms: hello@emberlane.app or +47 459 23 313. Our postal address is on the Support page.