Terms of service

Effective Date: 8/22/2025

Welcome to Empath. These Terms of Service ("Terms") govern your use of the Empath mobile device emulation software application ("Service" or "Empath").

1. ACCEPTANCE OF TERMS

By downloading, installing, or using Empath, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. You must be at least 18 years old to use Empath.

2. DESCRIPTION OF SERVICE

Empath is a macOS application that creates, manages, and operates virtual iPhone, iPad, and Android device environments for app development, testing, design, and mobile exploration purposes. The Service:

2.1 Core Functionality

  • Creates and manages Android Virtual Devices (AVDs) and iOS Simulators on your behalf

  • Automatically boots and shuts down virtual device environments

  • Provides an interactive canvas interface for device interaction

  • Offers visual customizations including proprietary device frame overlays

  • Enables screenshot capture and screen recording of virtual devices

  • Facilitates side-loading of applications via .app files (iOS) and APK files (Android)

  • Provides access to production apps and mobile websites in emulated environments

2.2 Visual Assets and Device Frames

Empath includes proprietary visual assets, including custom-designed device frame graphics and interface elements ("Visual Assets"). These Visual Assets are our exclusive property and are provided solely for use within Empath. You may not extract, reproduce, distribute, or use these Visual Assets outside of the Service.

3. SUBSCRIPTION AND BILLING

3.1 Subscription Model

Empath operates on a subscription basis with the following options:

  • Monthly subscriptions

  • Annual subscriptions

  • Custom enterprise pricing

3.2 Free Trial

All subscriptions include a 7-day free trial. During the free trial:

  • A valid payment method (credit card) is required to start your trial

  • You will not be charged during the trial period

  • Your subscription will automatically begin, and billing will commence, when your free trial expires unless you cancel before the trial period ends

  • You may cancel at any time during the trial period to avoid being charged

3.3 Payment Processing

Payment processing, billing, refunds, and related customer service inquiries are handled by FastSpring, our third-party payment processor. By subscribing to Empath, you also agree to FastSpring's terms of service and privacy policy.

3.4 Payment Terms

  • Subscription fees are billed in advance on a recurring basis

  • You authorize FastSpring to charge your designated payment method for all applicable fees

  • If payment fails, we may suspend or terminate your access to the Service

  • FastSpring handles all tax calculations and collection as required by applicable law

  • You are responsible for maintaining current payment information

3.5 Refunds

Refunds for subscriptions are subject to FastSpring's refund policy. All refund requests must be processed through FastSpring's customer service.

3.6 Price Changes

We may modify subscription prices at any time. Price changes will take effect at your next billing cycle after we provide you with reasonable advance notice.

3.7 Cancellation

You may cancel your subscription at any time through your account settings or by contacting FastSpring customer service. Cancellation will take effect at the end of your current billing period, and you will retain access to the Service until that time.

4. USER ACCOUNTS AND AUTHENTICATION

4.1 Account Creation and Verification

You must create an account to use Empath. We use Firebase for authentication and account management. Account creation requires:

  • Valid email address verification

  • Compliance with our age restrictions (18+ years)

  • Acceptance of these Terms of Service

4.2 Beta Access and Eligibility

Empath is currently in beta testing phase. Access is limited to eligible users who have been granted beta access permissions. Beta access may be revoked at any time at our sole discretion.

4.3 Account Security

You are responsible for:

  • Providing accurate account information

  • Maintaining the security of your account credentials

  • All activities that occur under your account

  • Immediately notifying us of any unauthorized account access

4.4 Account Termination

We may suspend or terminate your account at any time for violation of these Terms, abuse of beta access privileges, or for any other reason at our sole discretion.

5. SYSTEM REQUIREMENTS AND COMPATIBILITY

5.1 Hardware Requirements

Empath requires:

  • Apple Mac computer with Apple Silicon processor

  • macOS Big Sur 11.0.1 or later

  • Sufficient storage space for emulated device environments

5.2 Third-Party Dependencies

Empath integrates with and requires various third-party tools and services, including but not limited to:

  • Android SDK and Android Studio components

  • Xcode and iOS Simulator components

  • IDB (iOS Development Bridge)

  • Platform-specific development tools

5.3 Automated Setup and Downloads

During the onboarding process, Empath automatically downloads and installs various development tools and components required for operation, including:

  • Android SDK components from Google

  • Xcode components from Apple

  • Chromium browser components

  • Platform tools and system images

  • iOS simulators and runtime environments

You acknowledge and consent to these automated downloads and installations as part of using Empath.

5.4 Third-Party License Acceptance

During onboarding, Empath facilitates acceptance of third-party license agreements through automated processes. Specifically, Empath may:

  • Present you with license agreements from Android Studio and Xcode

  • Execute license acceptance commands using system administrative privileges when you provide consent

  • Download and install licensed components after you agree to their terms

  • Configure development environments according to vendor specifications

By proceeding through the setup process, you:

  • Acknowledge that you have read and agree to all presented license terms

  • Authorize Empath to execute license acceptance on your behalf when you provide explicit consent

  • Remain personally bound by all third-party license agreements

  • Accept full responsibility for compliance with vendor license terms

  • Understand that Empath acts solely as a setup facilitator

5.5 Administrative Access Requirements

The setup process requires administrative (sudo) access to your macOS system for:

  • Installing Xcode command line tools

  • Accepting Apple developer license agreements

  • Configuring system-level development tools

  • Setting up required frameworks and libraries

By granting administrative access during setup, you acknowledge the security implications and consent to these system-level modifications.

5.6 Open Source Components

Empath incorporates numerous open source software components, each governed by their respective licenses (including MIT, Apache 2.0, Mozilla Public License 2.0, and others). A complete list of open source licenses is available at [LINK TO LICENSES PAGE] and is incorporated by reference into these Terms.

6. SOFTWARE UPDATES

6.1 Mandatory Updates

Software updates are delivered through Electron and are mandatory. By using Empath, you consent to automatic installation of updates.

6.2 Update Requirements

Failure to install required updates may result in:

  • Loss of functionality

  • Security vulnerabilities

  • Incompatibility with current services

7. INTELLECTUAL PROPERTY

7.1 Empath Ownership

We own all rights, title, and interest in Empath, including all intellectual property rights. These Terms do not grant you any ownership rights in the Service.

7.2 Visual Assets and Proprietary Content

We own all rights to Empath's visual assets, including custom device frames, interface graphics, and design elements. You may not:

  • Extract or reproduce our visual assets outside of Empath

  • Create derivative works based on our proprietary graphics

  • Distribute or sublicense our visual content

  • Use our visual assets in competing products or services

7.3 User Content Ownership

You retain all rights to content you create using Empath, including:

  • Screenshots and recordings

  • App files you side-load

  • Any other content you generate or import

7.4 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use Empath in accordance with these Terms.

8. PRIVACY AND DATA HANDLING

8.1 Data Collection and Analytics

Empath collects basic product analytics data from all authenticated users to improve the Service. By using Empath, you consent to this data collection, which includes:

Authentication Data:

  • Account authentication is handled through Google Firebase

  • Your Firebase user ID is used to identify your analytics data

Product Analytics Data:

  • App lifecycle events (launch, quit, session duration)

  • Device operation events (starting/stopping virtual devices, taking screenshots, recording screens)

  • User interface interactions (button clicks, theme changes)

  • No personally identifiable information beyond your Firebase user ID is collected

Analytics Service Provider:

  • Analytics data is processed and stored by Mixpanel, our third-party analytics service provider

  • Event data is automatically deleted after 5 years on an ongoing basis

  • User profile data is retained indefinitely but can be deleted upon request

  • Analytics participation is mandatory for all authenticated users with no opt-out mechanism available

8.2 Local Data Storage

All operational data remains on your local machine, including:

  • Emulated device data and configurations

  • Screenshots, recordings, and screen captures you create

  • Application files you side-load (.app files for iOS, APK files for Android)

  • Setup and configuration preferences

  • Downloaded development tools and components

We do not access, collect, store, or have any visibility into this local data.

8.3 Third-Party Services

Firebase Integration: Your authentication data is subject to Google's Privacy Policy in addition to these Terms. We do not control Google's data practices and encourage you to review their privacy policy.

Payment Processing: Payment processing is handled by FastSpring, and your payment and billing information is subject to FastSpring's privacy policy in addition to these Terms.

Analytics Processing: Analytics data is processed by Mixpanel and is subject to Mixpanel's Privacy Policy in addition to these Terms. We do not control Mixpanel's data practices and encourage you to review their privacy policy.

8.4 Internet Connectivity Requirements

Empath requires internet connectivity for:

  • Initial user authentication via Firebase

  • Downloading required development tools during setup (Android SDK, Xcode components, Chromium browser)

  • Verifying software licenses during onboarding

  • Transmitting analytics data to Mixpanel

Once setup is complete, Empath can operate offline for normal device emulation and testing activities, but analytics data will be transmitted when internet connectivity is restored.

9. PROHIBITED USES

You agree not to use Empath to:

  • Violate any applicable laws or regulations

  • Infringe upon intellectual property rights of others

  • Extract, reproduce, or distribute our proprietary visual assets or custom device frames

  • Distribute malware or harmful code through side-loaded applications

  • Circumvent, disable, or tamper with security features or license validation

  • Reverse engineer, decompile, or disassemble the software

  • Use the Service for any unlawful, fraudulent, or harmful purpose

  • Share your account credentials with unauthorized users

  • Violate any third-party license agreements facilitated by Empath during setup

  • Abuse beta access privileges or attempt to circumvent usage limitations

  • Use Empath to test or develop applications that violate platform terms of service

  • Interfere with or disrupt the proper functioning of the software or its dependencies

10. DISCLAIMERS AND LIMITATIONS

10.1 Beta Software Disclaimer

EMPATH IS CURRENTLY IN BETA TESTING PHASE. THE SOFTWARE IS PROVIDED "AS IS" AND MAY CONTAIN BUGS, ERRORS, OR INCOMPLETE FEATURES. YOU ACKNOWLEDGE THAT BETA SOFTWARE IS INHERENTLY UNSTABLE AND USE IT AT YOUR OWN RISK.

10.2 Third-Party Components and Dependencies

WE DISCLAIM ALL LIABILITY FOR THIRD-PARTY COMPONENTS AND DEPENDENCIES, INCLUDING BUT NOT LIMITED TO:

  • Android SDK, Android Studio components, and Google services

  • Xcode, iOS simulators, and Apple development tools

  • Chromium browser components and Playwright dependencies

  • Open source libraries and frameworks

  • Java runtime environments and platform tools

THESE COMPONENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DO NOT CONTROL OR GUARANTEE THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF THIRD-PARTY COMPONENTS.

10.3 Automated Setup Process

WE DISCLAIM LIABILITY FOR ANY ISSUES ARISING FROM THE AUTOMATED SETUP AND INSTALLATION PROCESS, INCLUDING BUT NOT LIMITED TO:

  • Failed downloads or corrupted installations

  • System conflicts or compatibility issues

  • Administrative access requirements and system modifications

  • Third-party license compliance or interpretation

  • Storage space consumption or system performance impact

10.4 Device Emulation Accuracy

WE DO NOT GUARANTEE THAT EMULATED DEVICES ACCURATELY REPRESENT REAL HARDWARE BEHAVIOR, PERFORMANCE, OR CAPABILITIES. EMULATION IS FOR DEVELOPMENT AND TESTING PURPOSES ONLY.

10.5 Service Availability

WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION OF EMPATH. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES.

10.6 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

10.7 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE.

11. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

  • Your use of the Service and any content you create with it

  • Your violation of these Terms or any applicable laws

  • Your violation of any third-party rights or license agreements

  • Content you create, modify, or side-load using Empath (including .app files and APK files)

  • Your use of emulated devices for application development or testing

  • Any system modifications made during the automated setup process

  • Your breach of any third-party license agreements accepted during onboarding

  • Any misuse of beta access privileges or violation of usage limitations

  • Any harm caused by applications you develop, test, or distribute using Empath

12. EXPORT CONTROLS

Empath may be subject to export control laws and regulations. You agree to comply with all applicable export control laws and not to export, re-export, or transfer the Service to any prohibited country, entity, or person.

13. TERMINATION

13.1 Termination by You

You may terminate your use of Empath at any time by canceling your subscription and uninstalling the software.

13.2 Termination by Us

We may terminate your access immediately for:

  • Violation of these Terms

  • Non-payment of subscription fees

  • Any reason at our sole discretion with reasonable notice

13.3 Effect of Termination

Upon termination:

  • Your license to use Empath ends immediately

  • You must uninstall the software

  • We may delete your account information

  • All local data remains your property

14. GENERAL PROVISIONS

14.1 Governing Law

These Terms are governed by Delaware law without regard to conflict of law principles. Any disputes will be resolved in Delaware state or federal courts.

14.2 Entire Agreement

These Terms constitute the entire agreement between you and us regarding Empath and supersede all prior agreements.

14.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

14.4 No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

14.5 Assignment

You may not assign these Terms. We may assign these Terms without notice.

14.6 Contact Information

For questions about these Terms, contact us at support@get-empath.com

For billing and payment inquiries, contact FastSpring customer service.

14.7 Changes to Terms

We may modify these Terms at any time. Continued use of Empath after changes constitutes acceptance of the new Terms. We will provide reasonable notice of material changes.