Terms of Service

Last updated: October 10, 2026

OVERVIEW

Welcome to Fruit of Ember! The terms "we," "us," and "our" refer to Fruit of Ember, operated by Aurora1999 LLC.

Fruit of Ember operates this website and online store, including all related information, content, features, products, and services (collectively, the "Services"). Our store is powered by Shopify, which enables us to provide these Services to you.

These Terms of Service ("Terms"), together with the policies referenced herein, govern your use of our website and purchases from our store.

Please read these Terms carefully. By accessing our website or purchasing our products, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please refrain from using our Services.

SECTION 1 - ACCESS AND ACCOUNT

By using our Services, you represent that you are at least the age of majority in your state or province of residence, or that you have provided consent for your minor dependents to use the Services.

You agree to provide accurate, current, and complete information when making purchases or creating an account.

You are responsible for maintaining the confidentiality of your account credentials and all activities conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

Fruit of Ember offers heritage-inspired tea blends and related products intended for personal consumption and everyday wellness rituals.

We make every effort to accurately represent our products, including their ingredients, appearance, descriptions, and packaging. However, colors and appearances may vary depending on your device, and natural ingredients may exhibit variations in size, shape, color, and texture.

Product descriptions, availability, and packaging are subject to change without notice. We reserve the right to discontinue products or limit quantities at our discretion, subject to applicable law.

Food and Wellness Disclaimer

Fruit of Ember's tea blends are conventional food products intended for general enjoyment and wellness rituals. They are not medicines and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Information provided on our website, including content related to traditional ingredients, Traditional Chinese Medicine (TCM), and wellness practices, is for general informational purposes only and should not be considered medical advice.

Individual experiences may vary. Customers are responsible for reviewing ingredient lists and following preparation and storage instructions.

If you are pregnant, nursing, taking medication, managing a medical condition, or have concerns about ingredient sensitivities or allergies, consult a qualified healthcare professional before consuming our products.

Discontinue use if you experience an adverse reaction and seek appropriate medical attention.

SECTION 3 - ORDERS AND PRE-ORDERS

When you place an order, you are making an offer to purchase. Fruit of Ember reserves the right to accept, decline, modify, or cancel orders, subject to applicable law.

An order is not considered accepted until we have confirmed it. Payment must be successfully processed before an order can be fulfilled.

Please review your order information carefully before submitting your purchase. If you need to make changes or request a cancellation, contact us at hello@fruitofember.com as soon as possible.

Your purchases are subject to our Refund Policy and applicable consumer protection laws.

Pre-Orders

Certain products may be available for pre-order before they are ready to ship.

By placing a pre-order, you acknowledge that:

Payment may be collected at the time of purchase.
Estimated shipping dates are provided on the applicable product page or during checkout.
Shipping dates are estimates and may change due to production, supply chain, or logistical circumstances.
We will communicate material delays and provide cancellation or refund options as required by applicable law.

Pre-order cancellations and refunds are subject to our Refund Policy and applicable consumer protection laws.

If we are unable to fulfill your order, we will notify you and provide an appropriate refund.

SECTION 4 - PRICES AND BILLING

All prices displayed on our website are in U.S. dollars unless otherwise specified.

Prices, discounts, and promotions may change without notice. The price charged will be the price displayed at the time your order is placed, subject to correction of errors and applicable law.

Taxes, shipping fees, and other applicable charges will be calculated and displayed during checkout.

You agree to provide accurate billing and payment information and confirm that you are authorized to use your selected payment method.

Promotional offers may be subject to additional terms, including eligibility, availability, and expiration dates. If promotional terms conflict with these Terms, the specific promotional terms will govern to the extent permitted by law.

SECTION 5 - SHIPPING AND DELIVERY

We strive to process and ship orders within the estimated timelines communicated on our website.

Shipping and delivery times are estimates and are not guaranteed unless expressly stated otherwise.

Delays may occur due to carrier operations, weather, holidays, production schedules, or circumstances outside our reasonable control.

For pre-orders, estimated shipping dates are communicated separately and may differ from standard fulfillment times.

Shipping destinations, rates, estimated delivery times, and other conditions are detailed in our Shipping Policy.

Risk of loss and ownership transfer will be determined in accordance with applicable law.

Nothing in this section limits your rights regarding delayed, missing, or undelivered merchandise under applicable consumer protection laws.

SECTION 6 - INTELLECTUAL PROPERTY

All content available through our Services, including our brand name, logos, trademarks, product names, photography, graphics, videos, website designs, text, and other creative materials, is owned by Fruit of Ember, Aurora1999 LLC, or their respective licensors unless otherwise stated.

Such materials are protected by applicable intellectual property laws.

You may access and use our website for personal, non-commercial purposes. You may not reproduce, distribute, modify, republish, or commercially exploit our materials without prior written permission, except as permitted by law.

Fruit of Ember's names, logos, designs, and other brand identifiers may not be used without our written consent.

All rights not expressly granted are reserved.

SECTION 7 - OPTIONAL THIRD-PARTY TOOLS

Our Services may provide access to optional tools, applications, or features operated by third parties.

These tools are provided on an "as is" and "as available" basis, without warranties or endorsements from Fruit of Ember, to the extent permitted by law.

Your use of third-party tools is subject to the applicable providers' terms and privacy policies.

We may introduce additional features or services in the future, which will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Our website may contain links to third-party websites, resources, or services.

We do not control or assume responsibility for the content, accuracy, privacy practices, or operations of third-party websites.

Accessing external websites is at your own discretion. We encourage you to review their terms and policies before engaging in transactions.

Questions regarding third-party products or services should be directed to the relevant provider.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Fruit of Ember is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Fruit of Ember. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fruit of Ember, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Fruit of Ember.

SECTION 10 - PRIVACY POLICY

Personal information collected through our Services is handled in accordance with our Privacy Policy.

Because our store is hosted by Shopify, certain personal information may also be processed by Shopify and its service providers to enable website functionality, payment processing, order fulfillment, and related services.

Shopify's privacy practices can be reviewed here.

Please review our Privacy Policy for additional information regarding how your personal information is collected, used, shared, and protected.

SECTION 11 - CUSTOMER FEEDBACK AND REVIEWS

We welcome customer reviews, suggestions, testimonials, and other feedback ("Feedback").

By voluntarily submitting Feedback to us or through our Services, you grant Fruit of Ember a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, publish, display, and distribute that Feedback for legitimate business purposes, including product improvement and marketing, subject to applicable law.

You represent that you own or have the necessary rights to submit such Feedback and that it does not violate the rights of others.

Any material connection, payment, or incentive associated with a review or endorsement must be disclosed as required by law.

We reserve the right to moderate or remove content that is unlawful, misleading, abusive, or otherwise violates these Terms, subject to applicable law.

SECTION 12 - ERRORS AND INACCURACIES

Occasionally, our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, availability, promotions, or shipping information.

We reserve the right to correct these errors and update information without prior notice.

Where an error affects an existing order, we may contact you regarding available options, including cancellation and refund, in accordance with applicable law.

SECTION 13 - PROHIBITED USES

You agree to use our Services only for lawful purposes.

You may not:

Engage in fraudulent, unlawful, or deceptive activity.
Violate intellectual property or privacy rights.
Harass, threaten, abuse, or impersonate others.
Distribute malware, spam, or harmful content.
Attempt unauthorized access to our website or systems.
Interfere with website security or functionality.
Scrape, reproduce, or commercially exploit website content without authorization, except as permitted by law.
Use the Services in any manner that violates applicable federal, state, or local laws.

We reserve the right to restrict or terminate access to our Services if these Terms are violated.

SECTION 14 - AUTOMATED AGENTS

This section applies to software or services that autonomously or semi-autonomously access or interact with our website ("Agents").

Agents must identify themselves accurately, comply with applicable laws and website access restrictions, and must not circumvent security measures, CAPTCHAs, or other access controls.

Agents must not conceal their automated nature, impersonate human users, or bypass measures intended to regulate automated access.

We reserve the right to limit or restrict automated access to our Services.

SECTION 15 - TERMINATION

We may suspend or terminate your access to our Services if you violate these Terms or engage in conduct that threatens the security, integrity, or lawful operation of our website.

Termination does not affect obligations or rights arising before termination, including payment obligations or applicable consumer rights.

Provisions that reasonably should survive termination, including those relating to intellectual property, liability, indemnification, and dispute resolution, will remain enforceable.

SECTION 16 - DISCLAIMER OF WARRANTIES

Our Services and products are provided on an "as is" and "as available" basis, except as otherwise expressly stated or required by law.

To the fullest extent permitted by applicable law, Fruit of Ember disclaims implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that our website will operate without interruption, errors, or security vulnerabilities.

Nothing in these Terms excludes or limits warranties, remedies, or consumer rights that cannot lawfully be excluded.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Fruit of Ember, Aurora1999 LLC, their affiliates, employees, contractors, and service providers will not be liable for indirect, incidental, special, punitive, or consequential damages arising from your use of our Services or products.

This includes, without limitation, lost profits, business interruption, lost data, or similar losses.

Nothing in these Terms excludes liability that cannot legally be excluded, including liability for injury, fraud, or other matters where such limitations are prohibited by law.

SECTION 18 - INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold harmless Fruit of Ember, Aurora1999 LLC, Shopify, and their respective affiliates, officers, employees, agents, and service providers from third-party claims, losses, or expenses arising from your violation of these Terms, applicable law, or the rights of another party.

This obligation does not apply to claims resulting from Fruit of Ember's own unlawful conduct or where indemnification is prohibited by applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be severed to the extent necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with our referenced policies, constitute the entire agreement governing your use of our Services, except where otherwise required by applicable law.

SECTION 21 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign our rights and obligations in connection with a merger, acquisition, business transfer, or other lawful business transaction, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.

Subject to applicable law, any disputes arising from these Terms or your use of our Services will be resolved in the appropriate state or federal courts located in San Francisco County, California.

You and Fruit of Ember consent to the jurisdiction of these courts, except where applicable consumer protection laws require otherwise.

SECTION 23 - HEADINGS

Section headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or modify these Terms at any time.

The most current version will be available on this page, along with its updated effective date.

Where required by law, we will provide notice of material changes.

Your continued use of our Services following the effective date of updated Terms constitutes acceptance of those changes to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

For questions regarding these Terms of Service, please contact:

Fruit of Ember

Operated by Aurora1999 LLC

Email: hello@fruitofember.com

Website: https://fruitofember.com

Business Address:

1339 48th Ave

San Francisco, CA 94122

United States