Ember Cycle Mobile Application
(formerly Mindful Mama)
Effective Date: June 17, 2026
By downloading, installing, accessing, or using the Ember Cycle mobile application (formerly known as "Mindful Mama") (the "App"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Nyah Digital ("Company," "we," "our," or "us").
If you do not agree to these Terms, do not use the App. Your continued use of the App constitutes acceptance of any modifications to these Terms.
Ember Cycle is a mobile application designed to provide educational information, wellness guidance, and tracking tools related to maternal health, including fertility, pregnancy, and postpartum recovery. The App offers:
IMPORTANT MEDICAL DISCLAIMER:
THE APP IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. The information provided through the App is for educational and informational purposes only.
Always consult with qualified healthcare professionals before making any medical decisions. Never disregard professional medical advice or delay seeking medical treatment because of information accessed through this App.
In case of medical emergency, contact emergency services immediately.
The App does not provide medical advice, diagnosis, or treatment recommendations. All content is for educational purposes only and should not replace professional medical consultation.
CONTRACEPTION WARNING:
This app is NOT intended for use as birth control or contraception.Calendar-based tracking and fertility predictions are algorithmic estimates only and should not be relied upon to prevent pregnancy. Cycle lengths, ovulation timing, and fertile windows vary significantly between individuals and can change due to stress, illness, medications, and other factors. Nyah Digital assumes no responsibility for unintended pregnancies resulting from reliance on app predictions or calendar tracking.
All predictions, estimates, and forecasts provided by the App (including but not limited to ovulation predictions, fertile window calculations, period predictions, pregnancy due dates, and fetal development milestones) are algorithmic calculations based on statistical averages and your input data. These are estimates only and may not accurately reflect your individual circumstances. You acknowledge that these predictions should not be used for medical decisions or contraception.
The birth plan feature is an organizational tool only. Birth plans are preferences, not medical directives. Actual labor and delivery may differ significantly from your plan due to medical necessity, complications, or healthcare provider recommendations. You agree to follow the guidance of your healthcare team, even if it differs from your birth plan. Nyah Digital is not responsible for any deviation from birth plans or birth outcomes.
LIMITATION OF LIABILITY:
Nyah Digital is NOT responsible for:
You agree that you use this app at your own risk and acknowledge that the app is not a substitute for professional medical care.
You are solely responsible for your health decisions and for consulting with appropriate healthcare providers regarding your medical care. By using this app, you agree that you will not rely on app predictions or guidance for medical decisions, contraception, or treatment and will always consult qualified healthcare professionals.
To use certain features of the App, you must create an account. You agree to:
You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.
You must be at least 18 years old to use the App. By creating an account or using the App, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. The App is not intended for use by minors.
The App includes an AI-powered chat assistant ("Ember"). When you send a message to the assistant, your message and certain account and tracking information you have provided are transmitted to and processed by a third-party AI service provider that operates the underlying language model. A record of your conversations is also stored in your account so that the assistant can maintain context, and you can delete your chat history from within the App. Our Privacy Policy describes the AI provider and how this data is handled.
AI IS NOT MEDICAL ADVICE:
Responses generated by the AI assistant are for general educational and informational purposes only and are NOT medical advice, diagnosis, or treatment.AI-generated content is produced automatically, may be inaccurate, incomplete, or misleading (including so-called "hallucinations"), and must not be relied upon for medical, contraceptive, fertility, pregnancy, or other health decisions. Always consult a qualified healthcare professional, and never disregard or delay professional medical advice because of something you read in the assistant.
You agree to use the AI assistant responsibly. You will not submit another person's personal or health information without authorization, attempt to misuse, manipulate, or reverse engineer the assistant, or use it to generate unlawful, harmful, or misleading content. Nyah Digital does not guarantee the accuracy, completeness, or availability of AI-generated responses and is not liable for any decision you make based on them.
You may use the App for personal, non-commercial purposes in accordance with these Terms.
You agree not to:
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our Privacy Policy.
The App and its original content, including but not limited to text, software, design, user interface, and proprietary features, are owned by Nyah Digital and are protected by copyright, trademark, and other intellectual property laws.
The App may include images, graphics, and other content licensed from third-party sources, including but not limited to stock photo services such as Pexels, Unsplash, and similar platforms. These materials are used under their respective licenses and are not owned by Nyah Digital. We respect the intellectual property rights of all content creators.
We grant you a limited, non-exclusive, non-transferable license to use the App for personal purposes in accordance with these Terms. This license does not grant you any rights to third-party content used in the App.
You retain ownership of any content you create or upload to the App. By submitting content, you grant us a license to use, modify, and display such content solely for the purpose of providing the App's services.
Social Media Sharing Feature:
The App includes a feature that allows you to create shareable milestone cards (such as pregnancy week milestones) to post on social media platforms. By using this feature, you acknowledge and agree to the following:
Disclaimer: Nyah Digital provides this sharing feature as a convenience tool only. We make no warranties about the security or privacy of content shared to third-party platforms. You assume all risks associated with publicly sharing personal information.
If you believe that any content in the App infringes your copyright, please contact us at support@nyahdigital.com with details of the alleged infringement.
We strive to maintain the App's availability but do not guarantee uninterrupted access. The App may be temporarily unavailable due to maintenance, updates, or technical issues.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NYAH DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP.
You agree to indemnify, defend, and hold harmless Nyah Digital, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
The App offers an optional paid subscription, "Ember+," that unlocks premium features. The App is currently available on Apple iOS. Ember+ is sold as an auto-renewing subscription and is processed and charged through the Apple App Store using your Apple ID account. We use a third-party subscription-management provider, RevenueCat, to present subscription options and facilitate purchases; RevenueCat does not charge you and is not the merchant of record. Apple is the merchant of record for all in-app purchases on iOS.
Subscriptions automatically renew for the same period at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period. Subscription length and price are shown to you in the App at the point of purchase before you confirm, and renewal occurs at the price disclosed at that time unless we notify you of a price change as required by the App Store.
You can manage or cancel your subscription, or turn off auto-renewal, at any time through your Apple ID subscription settings on your device (Settings > your Apple ID > Subscriptions). Cancellation takes effect at the end of the current billing period, and you retain access to premium features until then. Because billing is handled by Apple, Nyah Digital cannot cancel your subscription or turn off auto-renewal on your behalf.
If an introductory offer or free trial is made available, its terms (including length and eligibility) will be presented to you in the App before you subscribe. Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable. Free trials, where offered, are governed by the App Store and the terms shown at the time of the offer.
If you reinstall the App or use a new device signed in to the same Apple ID, you can restore a previously purchased subscription using the "Restore Purchases" option in the App.
All purchases are processed by Apple. Refund requests are handled by Apple in accordance with the App Store's policies and terms, and must be submitted to Apple (for example, via reportaproblem.apple.com). Nyah Digital does not process payments and does not control or administer refunds, except where required by applicable law.
These Terms are an agreement between you and Nyah Digital only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content. Apple has no obligation to furnish any maintenance or support services for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Nyah Digital, not Apple, is responsible for addressing any claims relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, claims arising under consumer protection or similar legislation, and any third-party claim that the App or your use of it infringes intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right (and are deemed to have accepted the right) to enforce these Terms against you.
You may terminate your account at any time by deleting the App or using the in-app "Delete account" option in Settings.
We may suspend or terminate your access to the App at any time, with or without notice, for violation of these Terms or for any other reason.
Upon termination, your right to use the App will cease immediately. We may delete your account and data in accordance with our Privacy Policy.
We may update the App from time to time to improve functionality, add features, or address security issues. You are responsible for downloading and installing updates.
We may modify these Terms at any time. We will notify you of material changes through the App or by email. Your continued use of the App after such changes constitutes acceptance of the modified Terms.
These Terms are governed by and construed in accordance with the laws of the State of Utah, United States, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Salt Lake County, Utah.
Any disputes arising out of or relating to these Terms or the App shall first be addressed through good faith negotiations. If such negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Salt Lake County, Utah.
You agree that any arbitration or legal proceeding shall be limited to the dispute between you and Nyah Digital individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nyah Digital regarding the use of the App and supersede all prior agreements and understandings.
If you have any questions about these Terms of Service, please contact us:
Nyah Digital
Location: Utah, United States
Email: support@nyahdigital.com
Subject Line: "Ember Cycle Terms Inquiry"
We will respond to your inquiry within 30 days of receipt.
© 2026 Nyah Digital. All rights reserved.
Last updated: June 17, 2026