Terms of Service

Please read these terms carefully before using Emotria AI Therapy. By creating an account or using our services, you agree to be bound by these terms.

1. Introduction and Agreement

These Terms of Service ("Terms") constitute a binding legal agreement between you ("you" or "User") and Emotria ("we," "us," or "our") governing your access to and use of the Emotria AI Therapy website, mobile application, and emotional support services (collectively, the "Service").

By accessing, downloading, or using the Service in any way — including browsing, creating an account, or initiating a session — you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

2. The AI Nature of the Service

Not a Human Therapist: Emotria is an Artificial Intelligence system powered by Large Language Models (LLMs). It interacts with you based on patterns learned from vast amounts of text data. It does not have feelings, consciousness, subjective experience, or professional credentials. It is not a licensed psychologist, psychiatrist, counselor, social worker, or any other qualified healthcare professional.

Possibility of Errors ("Hallucinations"): Like all generative AI, Emotria can and will occasionally produce incorrect, misleading, incomplete, inappropriate, or nonsensical information. AI outputs may appear confident and authoritative even when they are factually or clinically wrong. You should not rely on the Service for factual information, medical decisions, or critical life advice without independent verification from qualified professionals.

No Therapeutic Relationship: Use of the Service does not create a therapist-patient, doctor-patient, or any other professional-client relationship. No duty of care arises from your use of the Service.

3. Medical & Mental Health Disclaimer — CRITICAL

Assumption of Risk: You expressly acknowledge and agree that your use of the Service, including any decisions you make based on AI-generated content, is at your sole risk. You are solely responsible for seeking appropriate professional medical, psychological, or psychiatric care. You should never disregard professional medical advice or delay seeking treatment because of information obtained through the Service.

4. AI Output Disclaimer & Assumption of Risk

YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK. Emotria, its officers, directors, employees, agents, and affiliates shall bear no responsibility or liability whatsoever for any actions you take or fail to take based on AI-generated content. You are solely responsible for evaluating the appropriateness and accuracy of any information provided by the Service.

5. Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to create an account and use the Service. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you represent and warrant that you have obtained verifiable parental or legal guardian consent to use the Service, and that your parent or guardian has read and agrees to these Terms on your behalf.

We reserve the right to request proof of age or parental consent at any time, and to immediately suspend or terminate accounts that we reasonably believe are being used by individuals below the minimum age requirement or by unsupervised minors under 18.

By using the Service, you further represent and warrant that you have the legal capacity to enter into a binding agreement in your jurisdiction, and that you are not barred from using the Service under any applicable law.

6. User Accounts & Security

You are solely responsible for maintaining the confidentiality of your account credentials (username, password, authentication tokens) and for all activities that occur under your account, whether or not authorized by you.

You agree to: (a) create only one account per person; (b) provide accurate, current, and complete information during registration; (c) promptly update your information to keep it accurate; (d) immediately notify us at support@emotria.com of any unauthorized use of your account or any other breach of security; and (e) ensure you log out of your account at the end of each session when accessing the Service on shared devices.

We are not responsible for any loss, damage, or liability arising from your failure to comply with this section, or from unauthorized access to your account resulting from your negligence.

7. Subscription, Payments, and Billing

Payment Processing: Payments for subscriptions and credit packs are processed securely by our merchant of record, Whop, which utilizes Stripe as its underlying payment processor. We do not store your full credit card information on our servers. All payment data is handled in compliance with PCI-DSS standards.

Auto-Renewal: Subscriptions automatically renew at the end of each billing period (monthly or annually) at the then-current subscription rate unless canceled at least 24 hours prior to the renewal date. You can manage or cancel your subscription at any time via the Billing Portal accessible in your profile settings.

Price Changes: We reserve the right to change subscription pricing. For existing subscribers, price changes will take effect at the start of the next billing cycle following 30 days' notice via email.

Refund Policy: All purchases, including credit packs and subscription fees, are generally non-refundable unless: (a) required by applicable consumer protection laws in your jurisdiction (including EU Consumer Rights Directive cooling-off periods); (b) we determine, at our sole discretion, that a refund is warranted due to a Service error; or (c) you cancel within any applicable cooling-off period mandated by law. Refund requests should be directed to support@emotria.com.

Free Trials: If we offer a free trial, you may be required to enter payment information. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription.

8. Intellectual Property & Your Content

Our Intellectual Property: The Service, including but not limited to its software, code, interface designs, logos, trademarks, AI prompt engineering, AI model configurations and fine-tuning, documentation, and all other proprietary technology, is the exclusive property of Emotria or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms.

Your Content: You retain ownership of the text, audio, and other inputs you provide to the Service ("User Content"). By using the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to process, store, and transmit your User Content solely for the purpose of providing and improving the Service as described in our Privacy Policy. This license terminates when you delete your User Content or your account.

AI-Generated Output: Content generated by the AI in response to your inputs ("AI Output") is provided for your personal use. You acknowledge that similar or identical AI Output may be generated for other users and that AI Output is not guaranteed to be unique, original, or accurate.

9. Prohibited Conduct

You agree NOT to:

• Use the Service to generate, solicit, or disseminate hate speech, harassment, threats of violence, or content that exploits, harms, or endangers minors in any way.
• Attempt to "jailbreak," circumvent, manipulate, or trick the AI into bypassing its safety filters, ethical guidelines, or content restrictions.
• Reverse engineer, decompile, disassemble, scrape, or create derivative works based on the Service or its underlying technology.
• Use the Service for any illegal, fraudulent, or malicious activity, including impersonating a healthcare professional.
• Use automated tools (bots, scrapers, crawlers) to access the Service without prior written authorization.
• Transmit viruses, malware, or other harmful code through the Service.
• Resell, redistribute, sublicense, or commercially exploit any aspect of the Service without prior written consent.
• Use the Service to build or train a competing AI product or service.
• Interfere with or disrupt the Service, its servers, or networks connected to the Service.

Violation of this section may result in immediate account suspension or termination without notice or refund, at our sole discretion.

10. Termination & Suspension

By You: You may terminate your account at any time by using the account deletion feature in your Profile settings or by contacting support@emotria.com. Termination does not entitle you to a refund of any prepaid fees unless required by applicable law.

By Us: We reserve the right to suspend or terminate your account and access to the Service, at our sole discretion, with or without prior notice or cause, including but not limited to:

• Violation of these Terms or any applicable law or regulation
• Conduct that we reasonably believe is harmful to other users, third parties, or our business
• Prolonged inactivity (accounts inactive for more than 24 months)
• Failure to pay applicable fees
• Upon request by law enforcement or other government agencies

Effect of Termination: Upon termination, your right to use the Service immediately ceases. We will process your data in accordance with our Privacy Policy (including the data retention and deletion provisions). Sections of these Terms that by their nature should survive termination will survive, including but not limited to: Sections 3, 4, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR THERAPEUTIC VALUE OF ANY INFORMATION OR CONTENT PROVIDED BY THE AI
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES THAT ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED
• WARRANTIES THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EMOTRIA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMOTRIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE
• ANY DAMAGES ARISING FROM ANY CONTENT, INFORMATION, OR ADVICE PROVIDED BY THE AI, INCLUDING BUT NOT LIMITED TO EMOTIONAL, PSYCHOLOGICAL, OR PHYSICAL HARM ALLEGEDLY CAUSED BY AI-GENERATED RESPONSES
• ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• ANY DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON THE SERVICE

IN ALL CASES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless Emotria, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use of or inability to use the Service
• Your violation of these Terms or any applicable law or regulation
• Your violation of any rights of a third party
• Any content you submit, post, or transmit through the Service
• Any decision you make based on AI-generated content from the Service
• Your negligent or willful misconduct

This indemnification obligation will survive the termination of these Terms and your use of the Service.

14. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

Subject to the arbitration provisions in Section 15, any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in Wilmington, Delaware, USA, and you consent to the personal jurisdiction of such courts.

For EU/EEA Residents: Nothing in this section shall deprive you of the protection afforded by mandatory provisions of consumer protection laws in your country of residence, including the right to bring proceedings in your local courts. If mandatory local law provisions of your jurisdiction are more protective than these Terms, those local provisions shall prevail.

15. Dispute Resolution & Arbitration

Informal Resolution First: Before filing any formal dispute, you agree to first contact us at legal@emotria.com and attempt to resolve the dispute informally for at least 60 days. Most disputes can be resolved without litigation.

Binding Arbitration: If the dispute is not resolved informally within 60 days, either party may elect to have the dispute finally resolved by binding arbitration administered by a recognized arbitration institution, conducted in the English language. The arbitration shall take place in Wilmington, Delaware, USA, or remotely (via video conference) at the election of the claimant.

Class Action Waiver: YOU AND EMOTRIA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not preside over any form of a representative or class proceeding.

Small Claims Exception: Either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

EU/EEA Exception: This arbitration provision does not apply to consumers residing in the EU/EEA where mandatory local consumer protection laws prohibit such provisions. EU/EEA consumers may refer disputes to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

16. Force Majeure

Emotria shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters (earthquakes, floods, hurricanes), pandemics or epidemics, war or acts of terrorism, government actions or regulations, power outages, internet or telecommunications infrastructure failures, cyber attacks or distributed denial-of-service (DDoS) attacks, acts of God, labor disputes, or failures of third-party service providers (including AI model providers and cloud hosting services).

17. Third-Party Links & Services

The Service may contain links to third-party websites, services, or resources (including crisis hotlines, mental health directories, and educational materials). These links are provided for your convenience and informational purposes only.

We do not endorse, control, or assume any responsibility for the content, privacy policies, practices, or availability of any third-party websites or services. Your interactions with third-party services are governed solely by their respective terms and policies. You access third-party links at your own risk.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, and all remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Emotria regarding the Service. These Terms supersede all prior and contemporaneous oral or written communications, proposals, representations, warranties, and agreements between the parties regarding the Service.

No oral or written statement by any Emotria employee, agent, or representative shall modify or supplement these Terms unless executed in writing by an authorized officer of Emotria.

20. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any default is not a waiver of any subsequent default. No waiver by Emotria of any term, condition, or provision of these Terms shall be deemed a further or continuing waiver of such term, condition, or provision or a waiver of any other term, condition, or provision.

21. Changes to Terms

We reserve the right to modify these Terms at any time. For material changes (changes that affect your rights, obligations, or the nature of the Service), we will provide at least 30 days' prior notice through the Service, via email to the address associated with your account, or both.

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service before the effective date. The "Last Revised" date at the top of this page indicates when these Terms were last modified.

22. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us:

• General Support: support@emotria.com
• Legal Inquiries: legal@emotria.com
• Privacy & Data: privacy@emotria.com