Emoshi General Terms & Conditions

Last  Revised September, 2024

 

Thank you for visiting the Emoshi™ website (“Website”) and for taking the time to read through these General Terms & Conditions. This Website and all products associated with it, including but not limited to the Emoshi™ Product are licensed to Emoshi, LLC, by its parent entity, Cognovi Labs, Inc. Emoshi, LLC shall hereinafter be referred to as “Emoshi”, “we,” “our”, and/or “us”. When we refer to the Emoshi™ product in these General Terms & Conditions (as well as the Privacy Policy, incorporated herein by reference), we are referring to the software tool we call Emoshi™ (the “Emoshi™ Product(s),” or “Product(s)”) The Website is published, owned, and operated by Emoshi.

 

These General Terms & Conditions (the “General Terms & Conditions” or “Terms”) are entered into between you (“you,” or “User”) and Emoshi. These Terms govern your access to and use of Products offered on the website located at: https://emoshi.ai (the “Website”), including any content or functionality offered on or through the Website. 


You must provide affirmative consent to these Terms and the Privacy Policy in order to register and use the Emoshi™ Product. 

 

If you are simply accessing or browsing the Website, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and the Privacy Policy and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives.  If you do not agree to these Terms and the Privacy Policy, please do not use the Website. 

 

  1. PURPOSE OF THE WEBSITE AND EMOSHI™ PRODUCT.  

Website. The Website is provided solely for informational purposes and the purposes of enabling communication between you and Emoshi. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. 

 

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. Emoshi disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by Emoshi through the Website shall be handled in accordance with the Website’s Privacy Policy, which is hereby incorporated by reference.

 

Product. Emoshi™ is an AI-powered journal that automatically detects the emotions in your writing. It learns how you express yourself and provides unparalleled insights that evolve with every sentence you write - no need to self-report your mood or tell Emoshi how you feel. Just open your journal and start writing. Click the analyze button whenever you want, and Emoshi will instantly scan every sentence for 11 diverse emotions. A constantly evolving emotional baseline shows you when an emotion rises above or falls below your normal range. The more you reflect, the clearer your reflection becomes. Chart your progress and take pride in your emotional diversity with a vibrant monthly calendar. Discover how, when, and about who you emote, recognize emerging patterns, and spot potential triggers with in-depth daily, weekly, and monthly emotion insights.

 

  1. USE OF THE WEBSITE AND PRODUCT(S)

Emoshi grants you a non-exclusive right to access and use the Website, Products, and the data, material, content or information herein (collectively, the “Content”) solely for your personal use and in accordance with these Terms. Your right to access and use the Website or Products shall be limited to non-commercial purposes unless you are otherwise expressly authorized by Emoshi to use the Website or Products for commercial purposes. You agree to use the Website and Products only for lawful purposes, comply with all rules governing any transactions on and through the Website or Product and comply with applicable laws.

 

  1. USER ACCOUNT RESPONSIBILITY 

If you are given or if you create an account (including any password) to access the Emoshi™ Product, you are responsible for maintaining the confidentiality and security of your account, including all of your passwords.  When creating an account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date.  You are responsible for all activities that occur under your account, and you agree to notify Emoshi immediately of any unauthorized use of your account.  Emoshi is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password. 

 

User Registration.  You may register to use the Emoshi™ Product in two ways 1) via an already existing Social Media provider; or 2) through your email. The only Social Media provider allowed is Google® (hereinafter referred to as “Social Media Registration Provider”).  

 

  1. The information you provide to the Social Media Registration Provider is under the control of the Social Media Registration Provider and Emoshi has no control over these sites, their policies, or how they protect your information.
  2. The Social Media Registration Provider is not subject to Emoshi’s Privacy Policy or General Terms & Conditions.
  3. You acknowledge that your use of and access to this website for registering for the Emoshi™ Product is at your own risk.
  4. It is your responsibility to check the privacy and other notices of any of the Social Media Registration Provider’s websites to see how they treat your personal information.

  

Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Emoshi™ Product provided by you in any form of media or to Emoshi directly ("Submissions"), are non-confidential and Emoshi will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

  1. PROHIBITED USES

You agree that you will not:

  1. Use the Website or Product in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;
  2. Attempt to gain unauthorized access to any Website or Product account, computer systems or networks associated with Emoshi or the Website;

 

  1. Obtain or attempt to obtain any materials or information through the Website or Product by any means not intentionally made available or provided by Emoshi;

 

  1. Transmit to another person or organization, or otherwise make public any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of objectionable content include, without limitation, the following:
  1. Using the Emoshi™ Product to threaten, incite, glorify, or express a desire for violence or harm.
  2. Using the Emoshi™ Product to cause, or attempt to cause, emotional or psychological harm, or to cause, or attempt to cause or promote suicidal thoughts or actions.
  3. Using the Emoshi™ Product to incite, promote, or facilitate any form of criminal behavior, including but not limited to sexual violence or abuse, domestic violence, child exploitation, promotion or sale of drugs, extremist or terrorist activity, scams or fraudulent investment activity, or human trafficking.
  4. Using the Emoshi™ Product to incite, promote, or facilitate hatred, prejudice, misunderstanding, or animosity based on race, ethnicity, religion, sex, gender, national origin, sexual orientation, age, family status, socioeconomic class, or disability.
  5. Using the Emoshi™ Product for harassment, intimidation, bullying, defamation, or slander of any kind.
  6. Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, techniques, processes, algorithms, know-how, or other information from the Emoshi™ Product and its platform.
  7. Using the Emoshi™ Product in a manner that: (i) is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (ii) will disrupt a third party’s use of the Emoshi™ Product; (iii) violate or tamper with the security of the Emoshi™ Product or any corresponding materials; (iv) modify the Emoshi™ Product or create any derivative product or service from any of the foregoing.
  8. Attempting to gain unauthorized access to any other user’s account, computer systems, or networks associated with Emoshi, Cognovi Labs, Inc., or the Emoshi™ Product.
  9. Obtaining or attempting to obtain any materials or information through the Emoshi™ Product by any means not intentionally made available or provided by us.
  10. Using any robot, spider, or other automatic devices, process, or means to access the Emoshi™ Product for any purpose, including monitoring or copying any of the material on the Emoshi™ Product.
  11. Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  12. Attacking the Emoshi™ Product via a denial-of-service attack or a distributed denial-of-service attack.
  13. Impersonating or attempting to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  14. Using an automated article spinning & bot-like content generation
  15. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

 

  1. CONTENT RESTRICTIONS

 

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Emoshi™ Product. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Emoshi™ Product. Use of the Emoshi™ Product to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene) or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Emoshi™ Product, or any processes that run or are activated while you are not logged on to the Emoshi™ Product, or that otherwise interfere with the proper working of or place an unreasonable load on the Emoshi™ Product’s infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Emoshi™ Product is strictly prohibited.

  

  1. TERMINATION.

 

Emoshi may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach our Privacy Policy, these General Terms & Conditions, or any other Agreement between us. Upon termination, your right to use the Emoshi™ Product will cease immediately.

 

If you wish to terminate your account, simply discontinue using the Emoshi™ Product, delete your account, or email us at support@emoshi.ai and request termination. The Agreements shall remain in full force and effect while you use the Emoshi™ Product.

 

All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

 

  1. INTELLECTUAL PROPERTY NOTICES

 

The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights.  Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by Emoshi in these Terms. The Website and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Emoshi or applicable owner. 

 

Copyright. You should assume that everything you see or read on Emoshi’s Website or in its Product is copyrighted unless otherwise noted and may not be used without the written permission of Emoshi. The Emoshi™ Product is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics that are a part of the Emoshi™ Product or are on the Website are and will remain the exclusive property of Emoshi and Cognovi Labs, Inc., its parent entity (“Emoshi™ IP”).  Emoshi neither warrants nor represents that your use of materials displayed on Emoshi’s Website will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on Emoshi’s Website is either property of, or used with permission by, Emoshi. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on Emoshi’s Website. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.


Trademark. The Emoshi™ name, trade dress, and logos are trademarks and service marks of Emoshi (collectively the “Emoshi™ Trademarks”). Nothing contained on the Website should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on Emoshi’s Website without the written permission of Emoshi or such third party that may own a trademark displayed on Emoshi’s Website. Your misuse of Emoshi’s trademark(s) displayed on Emoshi’s Website, or any other Content on Emoshi’s Website, except as provided herein, is strictly prohibited.

 

Other product and service names and logos used and displayed via the Emoshi™ Product or the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Emoshi. Nothing in these General Terms & Conditions should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Emoshi™’s Trademarks displayed within the Emoshi™ Product, without our prior written permission in each instance. All goodwill generated from the use of the Emoshi™ Trademarks will inure to our exclusive benefit. The Emoshi™ Trademarks are provided “AS IS” for your information and personal use only.

 

Except as expressly provided in these General Terms & Conditions, no part of the Emoshi™ IP, Emoshi™ Product, or Emoshi™ Trademarks may be copied reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our written consent.

 

Software License.  The Emoshi™ Product includes software. Concerning such software, Emoshi grants you a non-exclusive, revocable, personal, and non-transferable license to use the software solely in connection with the Emoshi™ Product and in accordance with these General Terms & Conditions, the Privacy Policy, and other agreements.

 

       

  1. NOTICE AND CONSENT TO RECEIPT OF TEXT (SMS) MESSAGING AND PHONE CALLS  

 

You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from Emoshi, its affiliates and related entities as well as third parties.  Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested.  In providing your mobile device number or cell phone number to Emoshi, you knowingly consent to such communications from or on behalf of Emoshi or for Emoshi to use your cell phone number or mobile device number in accordance with Emoshi’s Privacy Policy. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to Emoshi, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions provided in our communications to you.

 

Not all mobile devices or handsets may be supported by this service. Emoshi and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from Emoshi. 

 

  1. THIRD-PARTY WEBSITES.  

 

The Website may contain links to websites and platforms controlled or operated by persons and companies other than Emoshi (“Linked Sites”). Linked Sites are not under the control of Emoshi, and Emoshi is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Emoshi is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. Emoshi is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Emoshi of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support Emoshi or are identified in the Website, including any delivery of and payment for goods and services.

 

  1. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

 

This Website may provide certain social media features that enable you to:

 

  • Link from your own or certain third-party websites to certain Content on this Website; 
  • Send emails or other communications with certain Content, or links to certain Content, on this Website;
  • Cause portions of Content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. 

You may use the feature solely as they are provided by us and solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features, subject to the foregoing, you must not:

 

  • Establish a link from any website that is not owned by you;
  • Cause our Website or any portion of it to be displayed, or appear to be displayed on any other website;
  • Link to any part of the Website other than the homepage;
  • Otherwise take any action with respect to the Content on this Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. We may also disable all or any Social Media features and any link at any time without notice in our sole discretion.

 

  1. THIRD-PARTY APPLICATIONS

 

You acknowledge that your access and use of any third-party applications or software on our Website and Content (the “Third-Party Applications”) is at your discretion and risk, and Emoshi has no liability to you arising from your use of the Third-Party Applications. Emoshi hereby disclaims any representation, warranty, or guaranty regarding the Third-Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-Party Applications, and you agree to indemnify and hold Emoshi harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-Party Applications.

              

  1. UNITED STATES USE ONLY

 

Emoshi is based in the state of Ohio in the United States. Emoshi provides this Website and Product(s) for use only by persons located in the United States. We make no claims that the Website, the Products, or any of the related content are accessible or appropriate outside of the United States. Access to the Website or Products may not be legal by certain persons or in certain countries.

  1. DISCLAIMER

 

EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY EMOSHI TO YOU VIA THE WEBSITE OR THE EMOSHI™ PRODUCT, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. EMOSHI AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, EMOSHI AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE OR PRODUCTS. YOU SPECIFICALLY ACKNOWLEDGE THAT EMOSHI AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE OR PRODUCTS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER EMOSHI NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE AND PRODUCT WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. EMOSHI FURTHER MAKES NO WARRANTY THAT THE WEBSITE OR PRODUCT WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR PRODUCTS IS AT YOUR SOLE RISK AND THAT EMOSHI, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR PRODUCTS OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST EMOSHI FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE, PRODUCTS AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Additional Disclaimers:

  1. The Emoshi™ Product is not a therapeutic tool. It is not designed for clinical diagnosis, treatment, or therapy.
  2. The Emoshi™ Product is a textual analysis tool. It evaluates writing, not human beings.
  3. The Emoshi™ Product does not have context when measuring emotion in text beyond a single sentence, so there are limits to its capabilities. The Emoshi™ Product might get it wrong. It might misread and mislabel what you communicate, or it may miss the emotion altogether.
  4. The Emoshi™ Product is not validated from a formal research perspective to assess personal emotion.
  5. Despite not being the product's intent, seeing emotion categories may at times still feel evaluative, and may cause users to experience distress or have a negative reaction. If you find Emoshi™ upsetting, please discontinue using the tool.

 

  1. LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL EMOSHI OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE PRODUCTS, THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF EMOSHI OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.” SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN ANY CASE, EMOSHI’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO VENDOR FOR THE PLATFORM IN THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER. 

  1. INDEMNITY

 

You agree to defend, indemnify and hold harmless Emoshi and its affiliates, directors, officers, employees, and/or agents (collectively, “Emoshi Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by any of Emoshi Indemnitees arising out of or relating to User Content, your violation of these Terms, your violation of any applicable laws, rules or regulations in connection with the Website, Product or from any other misuse of either. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of Emoshi Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Emoshi reserves the right to assume the exclusive defense and control of any proceeding that relates to Emoshi, the Website, the Products, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Emoshi in our defense thereof. 

  1. TERMINATION AND RESTRICTION OF ACCESS

 

In its sole discretion, Emoshi may terminate or suspend your access to the Website or Products for breach of these Terms or for any reason whatsoever, with or without notice. Emoshi shall not be liable for any losses or damages arising from any such termination of service.

  1. ARBITRATION

 

At its sole discretion, Emoshi may require you to submit any disputes arising from use of the Website, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.  By using the Website, you hereby consent to submission of any dispute to be final and binding arbitration.

  1. LIMITATION ON TIME TO FILE CLAIMS

 

Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. 

  1. GOVERNING LAW & JURISDICTION

 

These Terms are governed by the laws of the State of Ohio, USA. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Dayton, Ohio, USA. in all disputes arising out of or relating to the use of the Website. The parties have required that this agreement and all documents related to this agreement be drawn up in English. As to any ambiguities resulting from translation from English to any other language, provisions in the English language shall be controlling in all respects. PURSUANT TO ARTICLE 6 OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (“UN CONVENTION”), THE PARTIES AGREE THAT THE UN CONVENTION WILL NOT APPLY TO THIS AGREEMENT.

  1. CHANGES TO THESE TERMS OF SERVICE

 

Emoshi may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Emoshi. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).

  1. GENERAL

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Emoshi as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of Emoshi in all instances. Emoshi may assign these Terms, in whole or in part, at any time.  Emoshi’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Emoshi’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Emoshi with respect to such use.  

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.  

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Emoshi with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Emoshi. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

  1. EMOSHI CONTACT INFORMATION

 

Questions can be directed to Emoshi at: support@emoshi.ai










        






Website Accessibility Statement 

 

We are committed to ensuring our clients and potential clients can readily access information about the products and services we provide on our Website.  We are currently undertaking endeavors to comply with the relevant portions of World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1, Level AA” (“WCAG-2.1 AA”), a set of guidelines adopted by a private group designed to maximize accessibility of web content.  Conformance with these guidelines will help make the Website user friendly for all.

Please note our Website may link to, or interface with, third-party websites we do not control. These third-party vendors may not have undertaken the efforts we have to comply with WCAG-2.1 AA standards. Because we cannot guarantee the accessibility of third-party websites and are not able to make accommodations on such websites, we encourage you to contact their customer service if any assistance is needed.

 

We encourage you to report any accessibility issues you may encounter by contacting us at support@emoshi.ai so we can assist you. We also encourage you to contact us to determine if any alternative communication methods or accessibility formats are available.

 

We thank you for your assistance in enhancing the accessibility of our Website and we look forward to serving your needs.

Date: 2024.09.06