EMOTION HEALTH LLC TERMS OF USE
Last modified: 01/01/2025
These Terms of Use (these “Terms”) contain the terms and conditions on which Emotion Health LLC supplies content, products or services through our Emotion Health resources, including the Emotion Health website (“Website”) and Emotion Health mobile application (the “App”). The Website, App, and any content, tools, features and functionality offered on or through our Website and the App are collectively referred to herein as the “Services.”
Please read these terms and conditions, carefully. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Services.
The terms “Emotion Health,” “us” or “we” refers to Emotion Health LLC, a Florida limited liability company. The term “you” and “your” refers to the user of the Services.
Our contact email address is [email protected]. All correspondence to Emotion Health including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address.
By using the Services, you acknowledge and agree that you understand the nature of the App and have read, understood, and agree to be bound by these Terms, and our Privacy Policy. Children under the age of 18 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.
These Terms and any referenced policies or agreements referenced herein, including our Privacy Policy, set out the whole agreement between you and us for the supply of the Services. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
Emotion Health reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to this page. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Services or email.
2. Use of the App and the Services
You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of the Services and to update you regarding the App, you may receive push notifications or other types of messages directly sent to you in connection with the App. You acknowledge that, when you use the App, your wireless service provider may charge you fees for data and/or other wireless access, including in connection with such push messages. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from us.
3. Materials Offered Through the Services
The name “Emotion Health,” and the Emotion Health logo and all other Emotion Health product or service marks are trademarks of the Services. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Services is strictly prohibited. Emotion Health will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
You may voluntarily choose to submit comments, information, data, text, messages, ideas, suggestions, responses, documents or other materials, (each, a “Submission”). You agree that you are solely responsible for all of your Submissions. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted. By submitting any Submission, you represent and warrant that:
Without limiting the foregoing, we reserve the right to retain copies of all content for archival purposes.
Additionally, you understand and agree that any content you create that is displayed on the Services may continue to appear on the Services, even after you have terminated your user account.
4. Availability of the Services
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault-free. If a fault occurs in the Services, please report it to us at [email protected] and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Services while we address the fault. We will not be liable to you if the Services is unavailable for a commercially reasonable period of time.
Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new updates. We will restore the Services as soon as we reasonably can.
5. Product Disclaimer
The information contained in the Services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Website or the App for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The Services should not be considered as a replacement or substitute for the standard practices, professional judgment, skill and expertise of a health care professional. Emotion Health will not be monitoring or considering information you may enter into the Services, including any specific Submission. You agree that Emotion Health is not responsible for examining, evaluating or validating the content, accuracy or appropriateness of any information entered into, transferred by, or delivered by the Services.
To the maximum extent permitted under applicable law, Emotion Health, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system or telephone, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
6. Medical Disclaimer
Emotion Health is a provider of online and/or mobile app resources about self-regulation. We are not a health care or medical device provider, nor should the Services be considered medical advice. Only your physician or other health care provider can do that.
Any advice or other materials in the Services are intended for general information purposes only. They are not intended to be relied upon as. and are not a substitute for, professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Services. YOU AGREE THAT IN USING THE SERVICES, YOU ACCEPT ALL RESPONSIBILITY FOR YOUR USE AND ACKNOWLEDGE THAT EMOTION HEALTH IS NOT LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICES.
7. End User License
Upon subscribing to our Services, Emotion Health grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to make personal non-commercial use of the Services.
The Services contains or embodies copyrighted material, proprietary material or other intellectual property of Emotion Health or its licensors. All right, title and ownership in the Services remain with Emotion Health or its licensors, as applicable. The rights to download and use the Services are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with these Terms.
You agree that you will not and you will not assist or permit any third party to:
9. Feedback
You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Emotion Health under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
10. Limitation of Liability and Indemnity
Your use and access of the Services is made “as is”, without any additional warranty, support or representations, including as to the accuracy, completeness or currency of the Services or its content. Emotion Health expressly disclaims all representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Emotion Health makes no representation or warranty that your use or access of the Services will be uninterrupted or error-free, or that the functions of the Services will meet your requirements.
You agree that IN NO EVENT WILL EMOTION HEALTH or its employees, members, directors, agents, suppliers, or other representatives HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE SERVICES OR THESE TERMS FOR ANY LOSSES OR DAMAGES WHATSOEVER, whether based on contract (including fundamental breach or breach of a fundamental term), tort (including negligence) or other legal or equitable basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages (including without limitation damages for harm to business, loss of information or data, loss of profit, loss of savings or revenue, loss of goodwill or other economic loss), arising from or in connection with or relating to the use of or access to, or any inconvenience, delay or loss of use of or access to, the Services, or failure of the Services, even if Emotion Health has been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.
You will indemnify and hold Emotion Health harmless from and against any claims brought by third parties arising out of your use or access of the Services, your placement or transmission of any message, content, information, or other submissions through the Services, and any breach of these Terms by you, including any use or access of the Services other than as expressly authorized in these Terms. You agree that Emotion Health will have no liability in connection with any such breach or unauthorized use, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of Emotion Health in connection therewith.
11. General Terms and Conditions
If you breach any of the provisions of these Terms, all licenses granted by Emotion Health will terminate automatically. Additionally, Emotion Health may suspend, disable, or delete your account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason, and without any compensation or reimbursement to you. If we delete your account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by us or you. Termination will not limit any of Emotion Health’s other rights or remedies at law or in equity.
Emotion Health may transfer its rights and obligations under these Terms to any company, firm or person at any time. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by Emotion Health. If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
You agree that a breach of these Terms will cause irreparable injury to Emotion Health for which monetary damages would not be an adequate remedy and Emotion Health shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
Unless otherwise specifically indicated, all notices given by you to us must be given to Emotion Health at [email protected]. We may give notice to you at the e-mail address you provide to us when you register or via push notifications through the App.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty that is not set out in these Terms or the documents referred to in them.
If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Florida, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Miami-Dade County, Florida. However, we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country.
If you have a question or comment, you can contact Emotion Health at [email protected]