Terms and Conditions for Emily
Last Updated: Oct 4, 2024
1. Acceptance of Terms
By accessing, downloading, or using the Emily app (“the App”), you agree to be bound by these Terms and Conditions (“Terms”). These Terms govern your use of the App and form a legally binding agreement between you and Edailabs (“we,” “our,” “us”). If you do not agree to these Terms, you must immediately discontinue using the App and uninstall it from your device.
We reserve the right to modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting the updated Terms. Your continued use of the App after the changes constitutes your acceptance of the updated Terms. We recommend reviewing these Terms regularly to stay informed of any updates.
2. Description of the App
Emily is a digital life coaching tool designed to provide guidance, advice, and support for personal growth and development. The App uses conversational technology to simulate life coaching sessions and offers activities that aim to help users reflect on various aspects of their lives. However, Emily is not a medical or psychological service and should not be used as a substitute for professional medical, psychological, legal, financial, or other expert services.
2.1 Eligibility
To use Emily you must be 18 years old or older, not have been previously restricted from using our services and not be located in, under the control of, or resident in any sanctioned or embargoed jurisdiction (including Crimea, Cuba, Donetsk, Iran, Luhansk, North Korea, Russia, Belarus, and Syria, or any jurisdiction where we may have restricted use of the App.
3. No Professional or Medical Advice Disclaimer
• 3.1 No Medical Advice
The content provided through Emily, including conversations, advice, suggestions, exercises, or other materials, is for general informational and self-development purposes only. It is not intended to replace or serve as a substitute for professional medical, psychological, psychiatric, financial, or legal advice. Always seek the advice of a qualified professional for any concerns you may have regarding your health, mental well-being, finances, or legal matters.
• 3.2 No Diagnosis or Treatment
Emily does not diagnose, treat, or provide therapeutic interventions for any medical or psychological condition. If you are experiencing a mental health crisis, have suicidal thoughts, or are in need of professional counseling, we strongly encourage you to seek immediate professional help.
3.3 Not Suitable for Medical Emergencies
The App is not designed to respond to emergencies, medical conditions, or crises. In case of an emergency, call your local emergency number or contact a qualified healthcare provider immediately.
4. Limitation of Liability
• 4.1 Use at Your Own Risk
You acknowledge that your use of Emily is voluntary and solely at your own risk. We do not warrant or guarantee that the advice or content provided within the App will result in any specific outcomes or benefits. To the maximum extent permitted by applicable law, the App is provided on an “as is” and “as available” basis without any warranties, express or implied. Without limiting the foregoing, we disclaim that the App will be available, accurate, secure, useful, uninterrupted or error-free; that defects with the App can or will be corrected, or that the servers that make it available are free from viruses or other harmful components. We don’t provide any uptime guarantees, and we may discontinue making the App available to you at any time at our sole discretion.
• 4.2 No Liability for User Actions
To the maximum extent permitted by applicable law, none of our [officers, directors,] employees or agents will be liable with respect to any claim, whether in contract, tort (including negligence), or otherwise, related in any way to the Terms, the App, or any actions you take based on the advice or content provided by the App. You agree that we are not liable for (1) any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injury, emotional distress, financial losses, or damages arising from the use of or inability to use the App, and (2) to the extent not already excluded, any amounts exceeding $100 United States Dollars.
• 4.3 No Liability for Third-Party Interactions
Emily may include links or integrations with third-party services, websites, or resources. These are provided for your convenience only, and we are not responsible for the availability, accuracy, or content of any third-party services. Your use of any third-party service is at your own risk and is governed by the terms of use and privacy policies of those third parties. If these Terms conflict with any such third-party terms, these Terms will control to the extent of the conflict.
• 4.4 Limitation of Liability for Technical Issues
We are not liable for any disruptions, delays, or technical issues, including but not limited to data loss, system errors, or malfunctions caused by your use of the App. We are not responsible for any failure of the App due to issues such as device compatibility, internet connectivity, or other technical conditions beyond our control.
5. Indemnification
You agree to defend, indemnify, and hold harmless our [officers, directors,] employees and agents from any claim, demand, action, damage, loss, cost, or expense (including reasonable attorneys’ fees) relating to (1) your use of the App, (2) your violation of these Terms, (3) your infringement, misappropriation, or violation of the rights of any other person or entity, and (4) any content, materials or information (in any form or medium) that you submit, post, upload, provide, contribute, or make available (or authorize or instruct us to do so) through the App. If you’re obligated to indemnify us, we have the right to control any action if we want and you cannot settle any action without our consent, unless the settlement is only for money damages which you entirely pay.
6. User Responsibilities
• 6.1 Personal Use Only
The App is intended for personal, non-commercial use only. You may not use the App for any business purposes, resale, or other commercial exploitation.
• 6.2 User-Generated Content
Any content you create, share, or post within the App, such as feedback, ideas, or messages, is your responsibility. You agree not to post or share any content that is unlawful, threatening, defamatory, obscene, or otherwise objectionable. We reserve the right to review and remove any content that violates these Terms or is deemed inappropriate.
• 6.3 Prohibited Activities
You agree not to use the App to engage in any activities that are illegal, fraudulent, or harmful to other users or third parties, including but not limited to:
• Violating any local, state, national, or international law;
• Interfering with the security or operation of the App;
• Uploading or transmit any malicious software, viruses, or harmful code;
• Accessing or using the App to build or support products or services competitive to our products or services;
• Attempting to gain unauthorized access to any part of the App, user data, or our systems;
• Encouraging, permitting, or enabling any other person or entity to do any of the foregoing.
7. Data and Privacy
Your use of the App is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal data. By using the App, you agree to the terms of the Privacy Policy. We are committed to protecting your privacy and handling your data in accordance with applicable data protection regulations.
8. Intellectual Property
• 8.1 Ownership of Content
All intellectual property rights related to the App, including but not limited to trademarks, logos, design, software, and content, are owned by or licensed to us. You are granted a limited, non-exclusive, non-transferable license to access and use the App for personal purposes only.
• 8.2 Restrictions on Use
You may not copy, modify, distribute, sell, lease, or create derivative works from any content available within the App without our prior written permission.
9. Termination of Use
• 9.1 Termination by Us
We reserve the right to suspend or terminate your access to the App at any time, without prior notice, for violations of these Terms or for any reason that we deem necessary to protect the App and its users.
• 9.2 Termination by You
You may terminate your use of the App at any time by uninstalling the App from your device. Upon termination, these Terms remain in effect with respect to any obligations incurred before termination.
10. Fees and Payments
• 10.1 Free and Paid Services
The App may offer both free and premium services. Premium services may be subject to subscription fees, one-time payments, or other charges. Any fees associated with premium services will be clearly communicated to you before you incur any costs.
• 10.2 Payment Terms
If you choose to purchase any premium features or services, you agree to pay the applicable fees. All payments are final and non-refundable, except as required by law or explicitly stated in these Terms.
11. Third-Party Services and Links
The App may contain links to third-party websites, services, or resources that are not owned or controlled by us. We do not control, endorse or assume any responsibility for the content, privacy policies, or practices of any third-party services. By using the App, you acknowledge and agree that we are not responsible for any damages or losses caused by your use of or reliance on any third-party services, and your interactions with third parties are at your own risk.
12. Dispute Resolution and Governing Law
• 12.1 Governing Law
These Terms shall be governed and construed in accordance with the laws of [Insert Country/State], without regard to its conflict of law provisions.
• 12.2 Dispute Resolution
You and Edailabs agree to arbitrate any disputes arising from or relating to these Terms. You and Edailabs further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in San Francisco, California.; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS ; and (d) that the state or federal courts in San Francisco, California, have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Whether the dispute is heard in arbitration or court, you and Edailabs won’t commence against the other a class action, class arbitration or representation action or proceeding.
13. Modifications to the App and Terms
• 13.1 Modifications to the App
We may update, modify, or discontinue any features or functionalities of the App at any time, with or without notice. We are not liable to you or any third party for any modifications or interruptions to the App.
14. General
• 14.1 Force Majeure
We are not responsible for any error, delay, loss or damage arising from any event beyond our reasonable control (each, a “Force Majeure Event”). Force Majeure Events include flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
• 14.2 Enforceability.
If any provision of these Terms is invalid or unenforceable, such provision will be deemed severed from these Terms, but such invalidity or unenforceability won't affect any other part of these Terms and the rest of these Terms will remain in full force and effect; provided, however, that if any such invalid or unenforceable provision can be modified so as to be valid and enforceable as a matter of law, then such provision isn't deemed severed from these Terms and instead is deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
15. Contact Information
If you have any questions or concerns regarding these Terms or the App, please contact us at:
Edailabs
hello@edailabs.io
66, avenue des Champs-Elysées, 75008 Paris.