18 U.S.C. § 2257 Exemption Statement

[Ember LLC] operates Ember. This statement explains why the federal record-keeping requirements for sexually explicit visual content do not apply to the Service, and what we do to keep that true.

1. Statement

All visual depictions available on or generated through the Service are computer-generated images and videos produced by artificial intelligence. No actual human being, performer, or model was used, photographed, or recorded in the production of any sexually explicit content available on the Service.

2. Why the record-keeping requirements do not apply

18 U.S.C. § 2257, 18 U.S.C. § 2257A, and 28 C.F.R. Part 75 require producers of certain sexually explicit visual depictions to create and keep records identifying the actual performers shown in them. These laws apply to depictions of actual human beings. The Outputs available through the Service are not that: they are synthetic images and videos generated by AI models from text prompts and, where a user supplies one, a reference image used only to guide characteristics such as appearance. No actual person is the subject of any sexually explicit Output. Because the depictions fall outside the scope of these statutes, Ember does not maintain records under 18 U.S.C. § 2257, 18 U.S.C. § 2257A, or 28 C.F.R. Part 75.

3. Keeping this true

This exemption depends on Outputs never depicting real people, so we build that requirement into how the Service works:

• Real people may not be used as the subject of, or as a reference image for, sexual content on the Service. See our Prohibited Content Policy.
• Every prompt passes automated age and content screening before a generation runs, and every uploaded reference image passes automated age estimation on any detected faces. Flagged content, public characters, and user reports are also reviewed by our moderation team. See our Pre-Screening and Post-Screening Policy.

4. Age of persons depicted

Every person depicted in an Output is intended and required to be an adult of 18 or older. Content that appears to depict anyone under 18 is prohibited regardless of the described age, art style, or context, is removed on discovery, and is reported as described in our Underage Policy. Any attempt to create such content results in immediate account termination.

5. Watermarking

Outputs generated through the Service carry a visible watermark identifying them as Ember Outputs, which helps distinguish AI-generated content from other material.

6. Reference images you upload

If you upload a reference image, you are responsible for it. Under Section 5 of our Terms of Service, you represent that the image does not depict a real, identifiable person in a sexual or intimate context without that person's consent, and that you have all rights necessary to upload it.

7. Contact

Questions about this statement, and any request for information from a government agency or other authority, may be directed to:

[Ember LLC]
[Company address], Delaware, United States
Email: legal@ember.xxx