Terms & Conditions

The contract below outlines Emozo’s terms of service (“the Agreement”). By using Emozo products and services (“the Services”) you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services, including users with paid accounts.

Emozo Labs, Inc. (“Emozo”) reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, Emozo will notify you by posting an announcement on the Emozo website. What constitutes a material change will be determined at Emozo’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.

“Content” shall mean any design, layout, text, images, graphics, sound, video etc. or other information, material or files including, without limitation, names or likenesses (all whether concerning you or a third party) or other materials uploaded by the Trial User of the Website (as a contributor), third party service providers or by us.

“Documentation” shall mean the printed or online written reference material furnished to You in conjunction with the Trial Products;

“Feedback” shall mean information You voluntarily provide to Company in connection with the Program, including ideas or inventions collected by Company; and “Intellectual Property Rights” shall mean all intellectual property rights, including, without limitation, patent, copyright, trademark, and trade secret;

“Personal Information” shall mean the User’s name, age, telephone number, e-mail address, and any Feedback regarding the Trial Products.

“Software” shall mean the applicable Company software products licensed to Trial User for non-production, evaluation purposes pursuant to this Agreement;

“Trial Period” shall mean 30 calendar days starting from the START_DATE, or as amended in writing upon the written consent of both Company and Trial User.

“Trial Products” shall mean the version of certain Company products (including any Updates thereto, in the case of software) and the media and Documentation, if any, provided by Company to Trial User;

“Updates” shall mean a modification, error correction, bug fix, new release, or other update to or for any Software;

As a provider of an online service, we require users to provide certain information when registering to receive our Services. All information provided by Users is collected, used, maintained, shared and destroyed in accordance with Emozo’s Privacy Policy, available here, and incorporated into this Agreement by reference.

Emozo grants you a non-exclusive, non-transferable right to use the service, solely for your own personal purposes subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Emozo.

You shall not, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way. You shall not build a product using similar ideas, features, functions or graphics of the Service or copy any ideas, features, functions or graphics of the Services.

You may use the service only for personal purposes and shall not: send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violate third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

Emozo is providing this service on an “as is, as available” basis without representation or warranty of any kind. Emozo does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. Emozo will inform you of any significant changes to the service it may occasionally make. Emozo may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.

Emozo is providing this service on an “as is, as available” basis without representation or warranty of any kind. Emozo does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. Emozo will inform you of any significant changes to the service it may occasionally make. Emozo may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.

Whenever you make use of a feature that allows you to upload Content to the Software, or to make contact with other users of the Software, you must comply with the Content standards set out herein. You warrant that any such Content added by them does comply with these standards, and you will be liable to Company and indemnify us for any breach of that warranty. You will be responsible for any loss or damage Company suffers as a result of the breach of this warranty.

Any Content uploaded to the Software will be considered confidential and proprietary. The person uploading the content may retain all of the ownership rights in the Content, but they are required to grant Emozo and other users of the Software a limited license to use, store and copy that Content for use. The rights licensed to us by the Content providers are described in the next clause (Rights you license).

For the avoidance of doubt, by submitting your Content, you understand and agree that: (1) the Content may become publicly viewable on the Software; (2) you will not submit Content that is illegal or prohibited as proscribed by Company from time to time; and (3) you will only submit the Content that you own or have permission to submit from the owner, in which case you will provide Company, upon request, with a copy of a written consent from the owner.

Company shall have no obligation to pay you any compensation for your Content and with respect to Company’s use or nonuse of your Content, and is under no obligation to post or use any Content you may provide. Company may, in its sole discretion, remove any Content at any time, with or without notice to you, prior or otherwise. You may request the removal of your Content for any reason on reasonable written notice to Company, on receipt of which Company will take commercially reasonable steps to comply.

Neither these Terms nor the Privacy Policy governs or protects any information that you have publicly disclosed on the Software. It is your responsibility to review what information you wish to share with members of the Software. In the event that you choose to publicly share such information, you do so at your own risk.

Emozo will also have the right to disclose identity of the Content Provider to any third party who is claiming that any Content posted or uploaded by such person to the Software constitutes a violation of their intellectual property rights, or of their right to privacy.

Emozo will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you. Emozo has the right to remove any posting made on the Software by you if, in Emozo’s opinion, such post does not comply with Emozo’s Content standards.

he views expressed by other users on the Software do not represent Emozo’s views or values.

Emozo graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of Emozo Labs, Inc. Emozo’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Emozo. Emozo images and icons may be used by third party sites in connection with providing appropriate links to the Emozo website.

Emozo shall own and retain all right, title and interest in and to the Intellectual Property Rights in the Trial Products and any derivative works thereof, subject only to the limited license expressly set forth herein. You do not acquire any other rights, express or implied, in the Trial Products. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO COMPANY. Should you decide to transmit to Company by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and will be deemed non-confidential and you automatically grant Company. and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.

You agree that Emozo, in its sole discretion, for any or no reason, and without penalty, may terminate or suspend your use of the Service at any time. Emozo may also in its sole discretion and at any time discontinue the Services in their entirety, or any part thereof, with or without notice.

You may terminate your participation in an individual software trial or this Agreement entirely, at any time for any reason upon notice to Emozo.

Furthermore, the rights conferred to the User under this agreement terminate without notice from Emozo if you fail to comply with any term(s) of this agreement.

Emozo makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. Emozo does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations, (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components. The Service is provided by Emozo on and “as is” “as available” basis without warranties of any kind, either expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by law. You expressly agree that use of the Services is at your sole risk.

In no event shall Emozo be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of Emozo, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to Emozo in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.

You hereby expressly and irrevocably release and forever discharge Emozo, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.

You hereby agree to indemnify and hold harmless Emozo, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.