# Terms of Service and Privacy Policy
These are Emilia AI's terms of service, and cookie and privacy policies.
Last Updated: June 26, 2024
## A. Introduction to Emilia AI's Terms of Service
Each time you access or use Emilia AI's online and/or mobile services and websites, including any Emilia AI mobile application and browser extension or plugin, regardless of where it is downloaded from, any software, service, feature, product, program, chatbot, and element (including e-mail messages, notifications, and other messages) provided by or on behalf of Emilia AI on or in connection with such services or websites (collectively, the "Product"), you are agreeing to the terms and conditions of these Terms of Service (the "Agreement") then in effect with:
Emilia AI Inc.
1111B S Governors Ave STE 23617
Dover, DE 19904
Any references to "Emilia AI", "we", or "us" in this Agreement shall mean the applicable entity as set forth above.
The Product is made available for use only by individuals seeking to use our services ("Users"). You acknowledge and agree that your license to use the Product is automatically revoked upon your attempt to use the Product for any other purpose.
Emilia AI may reject, remove, or limit visibility to any User Content, and Emilia AI may disable any account or restrict your ability to use all or parts of the Product, for any or no reason without notice. Although Emilia AI may indicate why User Content or an account has been removed or disabled, we cannot give every reason why User Content or an account may be removed. We always retain the right to remove any User Content or account if we feel it is in our interest or our Users' interest.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Product. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Product following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Product (including access to the Product via any third-party links); charge, modify or waive any fees required to use the Product; or offer opportunities to some or all Product users.
This Agreement hereby incorporates by this reference any additional terms and conditions posted by Emilia AI through the Product, or otherwise made available to you by Emilia AI.
## B. Terms of Service for All Users
The following terms and conditions apply to everyone who accesses or uses any part of the Product, or attempts to do so, or otherwise accepts this Agreement.
When you access or use the Product, you agree to the terms and conditions of this Agreement. You agree that Emilia AI may perform the activities described in this Agreement, and you acknowledge that otherwise the Product cannot work as intended. You agree not to submit or post any commercial communications to the Product. Using the Product for commercial communications is a violation of this Agreement. If you disagree with any part of this Agreement or you do not wish to authorize the activity it describes, do not use the Product. You agree you have read and acknowledge Emilia AI's Cookie Policy and Privacy Policy.
1. Content Licensing
The text, trademarks, trade names, trade dress, service marks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on the Product ("Content") may be subject to patent, copyright, trademark and other intellectual property protection. Access to and use of the Product is solely for your personal use, information, education, entertainment, or enlightenment. You may download, copy or print the Content of the Product for your personal non-commercial use only, and unless otherwise permitted by a separate written agreement between you and us, you must not copy, distribute, or modify the Content, or repost the Content to another Product. No right, title or interest in any of the Content of the Product is transferred to you as a result of any downloading, copying, printing or use of the Product or its Content. Nothing contained on the Product or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any Content without our written permission or the written permission of such third party (as applicable) that may own or license the Content.
### 2. User Content
Some parts of the Product allow users to post content or data such as information, text, images, audio, video, messages, and other materials. Any data that a user or other party submits, posts, publishes, displays, or makes available on or through the Product, or otherwise provides to Emilia AI, is called "User Content."
Emilia AI is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. Emilia AI does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that Emilia AI has no obligation or liability with regard to publishing, monitoring, or removing User Content.
If you provide User Content, it must comply with Emilia AI's Terms of Service. These rules, policies, and terms include but are not limited to the following: Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other unsolicited commercial communication. Your User Content must not be harmful to anyone, especially minors.
Emilia AI may monitor and screen User Content and may use it to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. In some cases, if we determine that your User Content or actions have violated our Terms or any Emilia AI policy or are detrimental to other users, we may place restrictions on other accounts that we suspect are affiliated or associated with you. Emilia AI has no obligation to monitor any particular user or User Content, and Emilia AI makes no guarantee that any particular User Content will be removed.
Emilia AI reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the Product; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Emilia AI may honor subpoenas, search warrants, law enforcement or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.
When you provide User Content you grant Emilia AI a license to use it. Specifically, you grant Emilia AI a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the Emilia AI website or its publishers or third party sites, maintaining or improving the Emilia AI website, and promoting Emilia AI and such User Content without restriction. No compensation in any form shall be due or payable to you in connection with Emilia AI's exercise of its rights under the license granted under this Section.
### 3. Copyright Infringement
Pursuant to our rights under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. §512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on the Product. Our copyright agent can be reached at: legal@emiliaai.com.
### 4. DMCA Infringement Notification
To be effective, infringement notifications sent to our copyright agent must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
6. The following statement: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
### 5. Security and Account Access
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
### 6. Prohibited Use and Access
You are prohibited from using or accessing the Product or its Content for any unlawful, obscene, or immoral purpose, or any purpose that is likely to cause liability to yourself or others, including without limitation:
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights or privacy rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
- To submit false or misleading information;
- To upload or transmit viruses or any other type of malicious code;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, or otherwise contact users of the Product;
- To interfere with or circumvent the security features of the Product;
- To engage in any automated use of the system.
### 7. Limitation of Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; AND (2) THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR, OUR AFFILIATES', AGENTS', LICENSORS' OR SUPPLIERS' TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED 50 DOLLARS.
8. Arbitration
All disputes arising out of or relating to these Terms (including its formation, performance, interpretation, applicability, enforceability or alleged breach) or your use of our Product will be exclusively resolved under confidential binding arbitration held in Delaware in accordance with the rules and procedures of the American Arbitration Association ("AAA"). The parties shall request that AAA appoint a single arbitrator. The award rendered by the arbitrator will be binding and may be entered as a judgment in, and enforced by, any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal courts located in Delaware to enforce these terms or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
9. Privacy Policy
Collection and Use of Information
We collect and process the following types of information:
1. Information you provide directly (such as name, email, and account details)
2. Information collected automatically through the Product
3. Information from third-party services you connect to the Product
4. Technical information about your device and usage
We use this information to:
- Provide and improve our services
- Communicate with you about the Product
- Ensure security and prevent fraud
- Analyze usage patterns
- Comply with legal obligations
Data Storage and Security
We implement appropriate technical and organizational measures to protect your information. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%.
Your Rights
You have the right to:
- Access your personal information
- Correct inaccurate data
- Request deletion of your data
- Opt out of certain data processing
- Export your data
- Withdraw consent
Contact legal@emiliaai.com to exercise these rights.
### 10. Cookie Policy
Our Product uses cookies and similar technologies to:
- Maintain your preferences
- Understand how you use our Product
- Improve user experience
- Protect security
- Deliver relevant content
Types of cookies we use:
1. Essential cookies: Required for basic functionality
2. Analytical cookies: Help us understand usage patterns
3. Functional cookies: Remember your preferences
4. Marketing cookies: Help deliver relevant content
You can control cookies through your browser settings, though this may limit functionality.
### 11. International Users
The Product is hosted and operated in the United States. If you are accessing the Product from outside the United States, be aware that your information may be transferred to, stored, and processed in the United States where our servers are located. By using the Product, you consent to such transfer and processing.
### 12. Children's Privacy
The Product is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Product or provide any information about yourself. If we discover we have collected information from a child under 13, we will delete it.
### 13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of any material changes through the Product or via email. Your continued use of the Product after such modifications constitutes acceptance of the updated Terms.
### 14. Termination
We may terminate or suspend your access to the Product immediately, without prior notice or liability, for any reason, including breach of Terms. Upon termination, your right to use the Product will immediately cease.
### 15. Governing Law
These Terms will be governed by and construed in accordance with the laws of Delaware, without regard to its conflicts of law rules.
### 16. Contact Information
For any questions about these Terms, please contact us at:
Emilia AI Inc.
1111B S Governors Ave STE 23617
Dover, DE 19904
Email: legal@emiliaai.com
### 17. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
### 18. Entire Agreement
These Terms constitute the entire agreement between you and Emilia AI regarding the use of the Product, superseding any prior agreements between you and Emilia AI.