Terms of Service
Effective Date: 10/23/2025
Welcome to Empath. These Terms of Service ("Terms") govern your use of the Empath mobile device emulation software application ("Service" or "Empath") provided by Empath Corporation, a Delaware corporation ("Empath Corporation," "we," "us," or "our").
1. ACCEPTANCE OF TERMS
By downloading, installing, or using Empath, you agree to be bound by these Terms and to enter into a legally binding agreement with Empath Corporation. 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. All device emulation and processing occurs locally on your machine. We do not maintain servers for device emulation or user data storage.
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
Includes batch screenshot tools for efficient testing workflows
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 the exclusive intellectual property of Empath Corporation and are provided solely for use within Empath. You may not extract, reproduce, distribute, or use these Visual Assets outside of the Service.
3. SERVICE TIERS AND BILLING
3.1 Service Tiers
Empath offers three service tiers:
Free Tier: Basic access with certain limitations including:
Excludes access to certain devices
Excludes frame customizations
Excludes reflection customizations
Excludes access to Empath's competitive analysis screenshot tool
Pro Tier: Full access to all features with monthly or annual subscription options
Enterprise Tier: Full access to all features with custom enterprise pricing and monthly or annual subscription options
3.2 Free Trial for Paid Tiers
Pro 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. Subscription status is synchronized through automated systems to ensure proper service delivery.
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 paid features
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 paid features until that time. Free tier access will continue after cancellation.
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 Service Availability
Empath is available to eligible users subject to these Terms. Access may be modified or restricted at any time at our sole discretion in accordance with these Terms.
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 or for any other reason at our sole discretion with reasonable notice.
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
You are required to install updates to continue using Empath. Failure to update may result in loss of access to certain features or the Service entirely.
6.3 Changes Through Updates
Updates may modify, add, or remove features, functionality, or content. We reserve the right to make changes to the Service through updates at any time without prior notice.
7. INTELLECTUAL PROPERTY
7.1 Ownership
Empath Corporation retains all rights, title, and interest in and to the Service, including all software, visual assets, device frames, interface designs, documentation, and related intellectual property. These Terms do not grant you any ownership rights in the Service.
7.2 License Grant
Subject to your compliance with these Terms, Empath Corporation grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use Empath solely for your personal or internal business purposes in accordance with these Terms.
7.3 License Restrictions
You may not:
Copy, modify, or create derivative works of the Service or any part thereof
Distribute, rent, lease, lend, sell, sublicense, or transfer the Service
Remove, alter, or obscure any proprietary notices on the Service
Use the Service in any way not expressly permitted by these Terms
7.4 User Content
You retain ownership of any content you create using Empath, including screenshots, recordings, and applications you develop or test. However, you grant Empath Corporation a worldwide, non-exclusive, royalty-free license to use anonymized usage data and analytics for improving the Service.
8. DATA COLLECTION AND PRIVACY
8.1 Analytics Data Collection
Empath collects analytics data through Mixpanel to improve the Service. This data collection includes:
Product usage patterns and feature interactions
Session duration and frequency metrics
Error logs and crash reports
Performance metrics and system information
Device configuration data (emulated devices, not your Mac)
Data Retention:
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 Opt-Out:
Users may opt out of analytics collection at any time through the application menu (Help > Analytics Opt Out). When opted out, no further analytics data will be collected or transmitted. Your opt-out preference is stored locally and persists across application sessions. Opting out does not affect any other functionality of the Service. Users can opt back in at any time through the same menu option (Help > Analytics Opt In).
What Analytics Does NOT Collect:
Screenshots or screen recordings you create
Application content or business data from emulated devices
Files you side-load or test within emulators
Your personal documents or local data
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
Analytics opt-out preferences
We do not access, collect, store, or have any visibility into this local data.
User authentication occurs within the application using Firebase Authentication. Subscription status and billing information is synchronized between FastSpring (our payment processor) and Firebase Firestore (our backend database). This synchronization ensures proper service tier delivery based on your subscription status. Authentication state is maintained locally within the application session.
8.3 Third-Party Services
Firebase Integration: Empath uses Firebase Authentication for user sign-in within the application and Firebase Firestore for backend subscription data management. Your authentication and subscription data processed through Firebase 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. Analytics collection can be disabled through the opt-out mechanism described in Section 8.1. 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:
User authentication via Firebase Authentication
Backend subscription data synchronization via Firebase Firestore
Downloading required development tools during setup (Android SDK, Xcode components, Chromium browser)
Verifying software licenses during onboarding
Transmitting analytics data to Mixpanel (unless opted out)
Synchronizing subscription status
Once setup is complete, Empath can operate offline for normal device emulation and testing activities. When opted in to analytics, 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 service 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 Service Disclaimer
EMPATH IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EMPATH CORPORATION DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SOFTWARE MAY CONTAIN BUGS, ERRORS, OR INCOMPLETE FEATURES. YOU ACKNOWLEDGE THAT SOFTWARE IS INHERENTLY COMPLEX AND USE IT AT YOUR OWN RISK.
10.2 Third-Party Components and Dependencies
EMPATH CORPORATION DISCLAIMS 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. EMPATH CORPORATION DOES NOT CONTROL OR GUARANTEE THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF THIRD-PARTY COMPONENTS.
10.3 Automated Setup Process
EMPATH CORPORATION DISCLAIMS 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
EMPATH CORPORATION DOES 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
EMPATH CORPORATION DOES 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, EMPATH CORPORATION'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO EMPATH CORPORATION FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL EMPATH CORPORATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
10.7 Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH HEREIN, EMPATH CORPORATION DISCLAIMS 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, defend, and hold harmless Empath Corporation, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or relating to:
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 service 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 of the United States and other jurisdictions. You agree to comply with all applicable export control laws and regulations and not to export, re-export, or transfer the Service to any prohibited country, entity, or person without obtaining required governmental authorizations.
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
Empath Corporation may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Specific grounds for termination include:
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 cease all use of the Service and uninstall the software
Empath Corporation may delete your account information
All local data remains your property
Any outstanding payment obligations become immediately due
Provisions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability
14. GENERAL PROVISIONS
14.1 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Delaware for the resolution of any disputes arising from or relating to these Terms or your use of the Service. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
14.2 Entire Agreement
These Terms constitute the entire agreement between you and Empath Corporation regarding Empath and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Empath Corporation with respect to the Service.
14.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions of these Terms shall remain in full force and effect.
14.4 No Waiver
The failure of Empath Corporation to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Empath Corporation.
14.5 Assignment
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without the prior written consent of Empath Corporation. Any attempted assignment, transfer, or delegation without such consent shall be void. Empath Corporation may freely assign, transfer, or delegate these Terms and its rights and obligations hereunder without your consent and without notice to you.
14.6 Contact Information
For questions about these Terms, contact us at:
Empath Corporation
Email: support@get-empath.com
For billing and payment inquiries, contact FastSpring customer service.
14.7 Changes to Terms
Empath Corporation reserves the right to modify these Terms at any time in its sole discretion. We will provide reasonable notice of material changes by posting the updated Terms with a new effective date. Your continued use of Empath after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service.
14.8 Force Majeure
Empath Corporation shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
14.9 Notice
Empath Corporation may provide you with notices, including those regarding changes to these Terms, by email to the address associated with your account, by posting on the Service, or by other reasonable means. You are responsible for ensuring that your contact information is current.
14.10 Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Empath Corporation. Neither party has the authority to bind the other or to incur any obligation on its behalf.
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By using Empath, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.