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Terms & Conditions

Last Modified: [June 12, 2023]

 

Acceptance of the Terms of Use

 

These terms of use are entered into by and between you and SocialMama, Inc. (“Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”), govern your access to and use of  our mobile application referred to as “Ema” (the “App” or “Ema”) or any content, functionality, and services made available through the App (collectively, the “Services”), whether as a guest or a registered user.

 

Please read the Terms of Use carefully before you start to use the App. By clicking “I agree” when presented with these Terms of Use, or by otherwise accessing or using the App you accept and agree to be bound and abide by these Terms of Use, the Content Standards & Copyright Policy, and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, Content Standards & Copyright Policy or the Privacy Policy, you must not access or use the App.

 

This App is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using the App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.

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Medical Disclaimer

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Ema the app and the AI Companion is an artificial intelligence-based tool designed to provide information and support related to women's health topics. However, it is essential to recognize that the AI Companion is not a substitute for professional medical advice, diagnosis, or treatment.


The information provided by the AI Companion is intended for general informational purposes only. It may not cover all possible medical conditions, treatments, or scenarios. The AI Companion is not designed to replace consultations with qualified healthcare professionals.


Always seek the advice of a licensed healthcare provider or qualified medical expert if you have questions or concerns about your health or any medical condition. Do not disregard or delay seeking medical advice based on information provided by the AI Companion.


If you are experiencing a medical emergency or have urgent medical concerns, call emergency services or seek immediate medical attention from a qualified healthcare provider.


By using Ema app and the AI Companion, you acknowledge and agree to the terms of this medical disclaimer. If you do not agree with these terms, do not use Ema for medical purposes.


Always consult with a healthcare professional for specific medical advice and treatment tailored to your individual needs and circumstances. Reliance on any information provided by the AI Companion is solely at your own risk.


Ema app, the AI Companion and its developers disclaim any liability for damages, losses, or adverse consequences arising from the use or misuse of the AI Companion or reliance on the information it provides.

 

Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter. Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Information About You and Your Use of the App

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All information we collect on or through the App is subject to our Privacy Policy. By using the App and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

 

The Services

 

The Company provides an online App that allows users to access female wellness content and related tools. The App also connects users through social networking and peer support.

 

We may update the Services and content on the App from time to time, however such content may not necessarily be complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

 

Accessing the App and Account Security

 

We reserve the right to withdraw or amend the Services and App, and any material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users.

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To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with the App or otherwise, including, but not limited to, through the use of any interactive features on the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our registration and security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or Content Standards.

 

Prohibited Uses

 

You may use the App only for lawful purposes and in accordance with these Terms of Use, including the Content Standards. You agree not to use the App:

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  1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in the Content Standards & Copyright Policy.

  4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or other online aliases associated with any of the foregoing).

  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability.

 

Additionally, you agree not to:

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  1. Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.

  2. Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.

  3. Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  4. Use any device, software, or routine that interferes with the proper working of the App.

  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.

  7. Attack the App via a denial-of-service attack or a distributed denial-of-service attack.

  8. Otherwise attempt to interfere with the proper working of the App.

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Intellectual Property Rights

 

Except with respect to the User Contributions and Third Party Materials as defined and further set forth below, the App’s entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither the App or any materials available through the App may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Company’s prior written permission and the prior written permission of Company’s applicable licensors. Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use the App and the Services on any compatible device that you own or control. You must abide by all copyright notices, information, or restrictions contained in or attached to the App or any materials available through the App and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms of Use grants you any right to receive or to obtain access to the App except as generally and ordinarily permitted through the Services according to these Terms of Use. Furthermore, except for the limited license above, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, any other license or ownership rights to the App. Company’s name and all related names, logos, product and service names, designs, and slogans are trademarks (“Marks”) of the Company or its affiliates or licensors. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use the Marks. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

 

User Contributions

 

The App may contain user profiles, content boards, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to the App and other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the App.

 

All User Contributions must comply with the Content Standards set out in the Content Standards & Copyright Policy.

 

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that:

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  1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

  2. All of your User Contributions do and will comply with the Content Standards & Copyright Policy.

 

You understand and acknowledge that you, not the Company, have full responsibility, including its legality, reliability, accuracy, and appropriateness, for any User Contributions you submit or contribute. We are not responsible or liable to any other user or third party for the content or accuracy of any User Contributions posted by you or any other user of the App.

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Monitoring and Enforcement; Termination

 

We have the right to:

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  1. Remove or refuse to post any User Contributions or Third Party Materials for any or no reason in our sole discretion.

  2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for the Company.

  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.

  5. Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities, legal proceeding or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we cannot and do not undertake to review all User Contributions or Third Party Materials before it is posted on the App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions and related transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Reliance on Content and Third-Party Materials

 

The information presented on or through the App is made available solely for general information purposes and should not be considered medical advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

 

This App includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or service providers (the “Third Party Materials”). All statements and/or opinions expressed in these Third Party Materials, and all related articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those Third Party Materials and may not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any Third Party Materials provided by any third parties.

 

Links from the App

 

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. These may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

 

The owner of the App is based in the State of Illinois in the United States. We provide the App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED

 

BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE COMPANY IS NOT A HEALTH CARE OR MEDICAL SERVICES PROVIDER, NOR SHOULD THE SERVICES AND CONTENT ON THE PLATFORM BE CONSIDERED MEDICAL ADVICE. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES OR APPLICATIONS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Contributions, any use of the App’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.

 

Governing Law 

 

All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

 

Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

 

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

 

The Terms of Use, Content Standards & Copyright Policy and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

 

Your Comments and Concerns

 

The App is operated by Social Mama, Inc., 5903 Rose St, Houston, TX 77007.

 

All notices of copyright infringement claims should be sent to the Copyright Agent designated in the Copyright Policy in the manner and by the means set out therein.

 

All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to: letsconnect@emaapp.co, 281-683-7288,or to SocialMama, Inc (doing business as Ema), at 5903 Rose St, Houston, TX 77007.

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