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.
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.
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.
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”).
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.
You agree that you will not:
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.
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.
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.
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.
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.
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:
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:
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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).
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.
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.
EMOSHI PRIVACY SUMMARY
We prioritize informed consent and transparency in all interactions involving our Emoshi Artificial Intelligence (“Emoshi AI”) systems. Users are provided with clear explanations of how their data is used and must consent to the uses outlined in this Privacy Policy in order to use the product. Users also have the right to request the deletion, correction, or modification of their personally identifiable information at any time per the terms of this Privacy Policy.
Below is a link to our full Privacy Policy, but we'll summarize the most important aspects here:
The way it works is you write a sentence and get back from the system the highlighted emotions extracted from each sentence. What Emoshi retains would look something like this:
Total sentence count = 2
hope = 1
no emotion = 1
Your text is stored on our server in order to automate the processing of the emotions and to allow you to use the tool and access your entries. However, a human will only read it with your permission, unless we receive a subpoena or legal order, or disclosure is otherwise required by law.
Emoshi's AI is hosted securely on Amazon Web Services behind a firewall. We encrypt any data in transfer with TLS and at rest with AES encryption.
Upon your request, we will delete any data we have and can, from our servers including your Personally Identifiable Information.
More details can be found here: Emoshi Privacy Policy and Emoshi General Terms & Conditions
EMOSHI PRIVACY POLICY
Last Revised August 28, 2024
WHAT WE DO
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. Research shows that journaling has many physical and psychological benefits, from stress management to improved relationships. Personal reflection increases self-awareness, which is the first pillar of Emotional Intelligence. Emotional Intelligence is the human ability to understand and manage emotions. Emoshi™ uses AI to empower humans, not replace them. Our mission is to provide the most accessible way for anyone to better understand and embrace their full emotional range.
We know that your privacy is important to you, and we work hard to earn and keep your trust. This website and all products associated with it are licensed to Emoshi, LLC, by its parent entity, Cognovi Labs, Inc. Emoshi, LLC shall hereinafter be referred to as “Emoshi,” “we,” “us,” and “our.” We respect your privacy and are committed to protecting your privacy through our compliance with this Privacy Policy (the “Policy” or “Privacy Policy”). The words “you” and “your” refer to you as a visitor of the website located at https://emoshi.ai (“Website”) or a user of the Emoshi™ Product (“Product,” “Emoshi™” or “Emoshi™ Product”).
This Policy describes:
This Policy applies to information we collect on the Website, or in emails and other electronic messages between you and the Website.
This Policy does not apply to information collected by us offline or through any other means, or information collected by any third party through any application or content that may link to or be accessible from the Website (for further information, see below, “Third-Party Websites”).
You must provide affirmative consent to this Privacy Policy in order to register and use the Emoshi™ Product.
Please read this Privacy Policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, please do not use our Website. By using our Website, you agree to the terms of this Policy. This Policy may change from time to time (see below, “Changes to this Policy”). Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
This Policy is incorporated by reference and should be read in conjunction with Emoshi’s General Terms & Conditions.
Personal Information. To ensure that we provide you with the best possible experience, we will store, use, and disclose personal information about you in accordance with this Policy. Personal information is information that individually identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, household or device (“Personal Information”). The Personal Information that we may receive and collect depends on: what you do when you access our Website; when you provide information in connection with your use of the Emoshi™ Product; or when you register to become a user or otherwise utilize certain aspects of the Website or Emoshi™ Product through and/or in connection with your third party Google® account.
Aggregated Consumer Information. For purposes of this Privacy Policy, Aggregated Consumer Information is data and information related to your use of the Emoshi™ Product that is used by us in an aggregated manner, including to compile statistical and performance information related to the provision and operation of the Emoshi™ Product. Emoshi owns all Aggregated Consumer Information. Aggregated Consumer Information is not deleted when you close your account and may be stored indefinitely to improve the Emoshi™ Product or be used for other business purposes.
Deidentified Information. For purposes of this Privacy Policy, Deidentified Information is information that has been modified to remove all Personal Information. Emoshi owns all Deidentified Information. Deidentified Information is not deleted when you close your account and may be stored indefinitely to improve the Emoshi™ Product or used by us for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The following are examples of deidentified information that Emoshi or its third-party service providers may collect:
Free-Text Boxes. The information that you provide in each case will vary. In some cases, you may be able to provide Personal Information via email or free text boxes, such as contacting Emoshi to request further information. When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information or other sensitive personal data, unless required for our services.
Other Sources. Unless you log in with your Google account, we will ask you to create a username and password that should only be known to you. When you provide this information to us, you are no longer anonymous. Additionally, we may receive information about you from other sources and add it to the information you have provided to us.
Non-Personal Information. We may collect Non-Personal Information such as usage, frequency, and duration of use of the Emoshi™ Product. Non-Personal Information is automatically collected when using the Emoshi™ Product.
Recording Use of the Website. We partner with trusted third-party vendors to analyze performance and traffic of our Website. This may include things like buttons you click, mouse movements and other behavior on the Website, date and time of access, pages visited, web beacons, and cookie or pixel tag information. Please see our Automatic Information Collection section below to learn more about cookies, pixels tags, and analytic technologies.
Live Chat. We partner with a trusted third-party vendor to provide you with live chat features to better assist you. When using the live chat features, please only provide necessary information and do not provide sensitive information. For recordkeeping, training, and quality assurance purposes, we or our third-party vendor may record and maintain a transcript of any communications in the live chat.
You may have the opportunity to provide Personal Information on our Website, including but not limited to:
|
Category |
Examples |
Collected |
Disclosed |
|
Identifiers. |
A real name, unique personal identifier, online identifier, Internet Protocol address, email address, account name. |
YES |
YES - to Affiliates and/or Service Providers. |
|
Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). |
A name, signature, address, telephone number |
YES |
NO |
|
Protected classification characteristics. |
Age |
YES |
NO |
|
Sensitive Personal Information |
Precise geolocation |
YES |
YES – to Affiliates and/or Service Providers. |
|
Biometric information. |
Behavioral characteristics |
YES |
NO |
|
Internet or other similar network activity. |
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. |
YES |
YES - to Affiliates and/or Service Providers. |
|
Geolocation data. |
Physical location via IP address |
YES |
YES – to Affiliates and/or Service Providers. |
|
Inferences drawn from other Personal Information. |
Profile reflecting a person’s characteristics, psychological trends, and behavior |
YES |
NO |
We may obtain the Personal Information listed above from the following categories of sources:
Website. In addition to the information that you provide to us, we may also collect information about you during your visit to our Website. We collect this information using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Website. Some of the tools we use to automatically collect information about you may include:
We may use the following categories of cookies on our Website.
Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of the Website’s features or lose access to some functionality.
Information including users name and email address. For further
information on what Intercom collects and how it is stored, see https://www.intercom.com/help/en/articles/1722980-how-intercom-tracks-
and-stores-data.
Product. In addition to the information that you provide to us, we may also collect information about you during your use of our Emoshi™ Product. We collect this information using automated technology. This technology may collect information about your behavior and your device, such as your internet address (IP Address), the pages you have viewed, the actions you have taken while using the Product, saved preferences, and log-in Session ID. This information is not personally identifiable or capable of being used to identify you in the scope of this Policy. You can manage how your browser shares location information with us, as well as how your browser handles cookies and related technologies, by adjusting your privacy and security settings. Please refer to instructions provided by your service provider or the manufacturer of your device to learn how to adjust your settings.
The information we gather and that you provide is collected to provide you the information and services you request, in addition to various other purposes, including, but not limited to:
We keep personal data for as long as reasonably necessary for the purposes described in this Privacy Policy, per our retention policies, applicable laws, and regulatory obligations, or until you withdraw your consent (where applicable). To determine the appropriate retention period for your Personal Information, we will consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we use your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
We may retain Non-Personal Information, De-Identified Information, and Aggregated Data indefinitely. This includes data that cannot be linked to any individual user, information that has been stripped of all personal identifiers, and combined statistical data from multiple users. We use this information for various purposes, including analyzing trends, improving our services, and conducting research. This retained data does not identify you personally and helps us better understand user behavior and preferences on a broader scale.
We do not sell or lease your Personal Information to any third party. We may disclose your Personal Information to a third party for a business purpose, including the following categories of third parties:
We will not share your Personal Information with our affiliate, Cognovi Government Services, LLC.
Except as described in this Policy, we will not disclose your information with third parties without your notice and consent, unless it is under one of the following circumstances:
We want to provide you with relevant information that you have requested. When possible, we will always provide options as to what information we collect and how you can manage any preferences that pertain to such information.
If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed. Transactional or service-oriented messages, such as delivery confirmation messages, are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services and are not intended for the purposes of marketing.
From time to time, we may send you email newsletters and marketing emails. You may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email or by sending us an email directly at support@emoshi.ai and requesting that we discontinue sending you marketing material. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided. Even if you opt-out of receiving marketing material, we may still need to contact you with important information about your account or responding to your requests or questions.
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 Emoshi or for Emoshi to use your cell phone number or mobile device number. In providing your number, 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: (a) no purchase is required to opt into this service; (b) you may opt out at any time by following the instructions provided in our communications to you; and (c) your receipt of text messages may result in separate charges from your mobile provider.
Any such communications you receive from us will be administered in accordance with your preferences and this Policy.
Even after consenting to this Policy and the General Terms & Conditions, you may opt out of receiving email marketing from us by following the instructions at the bottom of the marketing email you receive from us or by sending us an email directly at support@emoshi.ai and requesting that we discontinue sending you marketing material.
We strive to maintain and process your information accurately. We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements. We employ technologies designed to help us maintain information accuracy on input and processing.
Where we can provide you access to your Personal Information in our possession, we will always ask you for a username and password to help protect your privacy and security. We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.
You can view and change the Personal Information that you have provided to us on your User Profile or by contacting us directly for assistance. To view your User Profile, log in to your account and click on your user icon in the bottom left corner. From there click on the "My Profile" menu item to navigate to your User Profile.
We take the protection of the Personal Information of minors very seriously at Emoshi. We do not knowingly register or otherwise collect Personal Information through our Website from any child under the age of 13 without the prior verifiable consent of the minor’s parent or guardian. However, we are allowed to collect a minor’s name for the one-time purpose of seeking verifiable parental or guardian consent at the request of the minor under the age of 13. If verifiable consent is not provided within 14 days of the minor providing us the parent’s email address, we will delete the parent’s email address from our system. Once verifiable consent is obtained from a minor’s parent or guardian, we will collect only that Personal Information from such minor that is relevant to their participation with our Product, including a username, password, or email address.
We do not sell or share information obtained from minors with any third parties for their own use. We do have third party partners who may have access to information we collect that is subject to the requirements of this section in order to assist us supporting the Product. We do not disclose a minor’s Personal Information with blogs or other websites where the information would be publicly accessible.
If we should inadvertently collect information from a minor under the age of 13, we delete that information, except to the extent needed to seek verifiable parental consent from the minor’s parent or legal guardian. Parents or legal guardians have the right to review their minor’s Personal Information, delete it, or withdraw permission to allow further collection or use by emailing us at support@emoshi.ai. We will not require a minor to disclose more information than is reasonably necessary to participate on Website.
We welcome inquiries or feedback on the services or products you might use or like to use. 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.
This Policy does not apply to websites or other domains that are maintained or operated by third parties or our affiliates. Our Website may link to third-party websites and services. For example, if you click on an advertisement on the Website, you may be taken to another website that we do not control. These links are not endorsements of these websites, and this Policy does not extend to them. Because this Policy is not enforced on these third-party websites, we encourage you to read any posted privacy policy of the third-party website before using the service or website and providing any information.
NOTICE: At this time, based on the thresholds established by each of these state laws, our company is not required to comply with each state’s requirements. Regardless, and as a matter of best practice and consistency, we strive to provide you the same rights available under these laws and will comply with this Policy and updates thereto.
California.
Other State Law Rights.
Some state laws in the United States provide consumers with additional rights with respect to their Personal Information (also known as “personal data”), as those terms are defined under those applicable state laws. Such states may include California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia (now or in the future). Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. If you reside in a state that provides additional rights with respect to your Personal Information, you may exercise each of your rights as identified below, subject to our verification of your identity.
Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. If an authorized agent makes a request on your behalf, we may require proof that you gave the agent permission to submit the request.
Responding to Your Request. Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the Personal Information. In some instances, such as a request to delete Personal Information, we may first separately confirm that you would like for us to in fact delete your Personal Information before acting on your request.
We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing.
In some cases, our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
We do not warrant or represent that this Policy or the Website’s use of your Personal Information complies with the laws of every jurisdiction. Furthermore, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours. Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy.
We use commercially reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against the risk of accidental loss and from unauthorized access, use, alteration, and disclosure. However, we can never promise 100% security. You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your Personal Information in the Website, such as a username and password. If you believe your credentials have been compromised, please change your password. Please also notify us immediately of any actual or suspected unauthorized use of the Website or your information.
This Policy describes our current policies and practices with regard to the information we collect through the Website. We are continually improving and adding to the features and functionality of the Website along with the products and services we offer through the Website. If we make any changes to this Policy, a revised Policy will be posted on this webpage and the date of the change will be reported in the “Last Revised” block above. You can get to this page from any of our webpages by clicking on the “Privacy Policy” link (at the bottom of the Website).
We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please contact us by email at support@emoshi.ai or by mail to:
Emoshi, LLC
31 S Main St., Suite 12,
Dayton, Ohio, 45402.