Emma.ai Terms and Conditions

Last updated: 14 January 2019

General

  1. Emma.ai’s most updated Terms and Conditions can be found on Emma.ai’s website (the “Site”), however the Terms of Conditions may change from time to time without any prior notice. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you.
  2. By using any of the Emma.ai products, software, or services (the “Services”) you agree to be bound by the following terms and conditions (“Terms and Conditions”). The “Service” does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service. Any modifications and new features added to the Service are also subject to this Terms and Conditions.
  3. You acknowledge and agree that it is your responsibility to review the Site and these Terms and Conditions from time to time and to familiarise yourself with any modifications. Your continued use of the Services after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
  4. The failure of Emma.ai to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
  5. You agree that Emma.ai owns all legal rights in the Service. You must not remove, modify or obscure any legal notices.
  6. You are not entitled to use Emma.ai’s trademarks, trade names, brands, domain names, or other distinctive brand features.
  7. Violation of any of the terms hereof can result in the termination of your user-account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services.
  8. If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, this shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.
  9. These Terms and Conditions constitute the entire agreement between you and Emma.ai and replace all previous agreements under this title. There are no verbal subsidiary agreements.

Provision of the Services

  1. Your use of the Services is at your sole risk and at your own discretion. The Services are provided on an “as is” and “as available” basis.
  2. Emma.ai does not warrant that (i) the Services will meet your requirements or expectations, (ii) the Services will be delivered uninterrupted, timely, secured, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) any errors in the Services will be corrected.
  3. You understand and agree that Emma.ai shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from: (i) the use or the inability to use the Services; (ii) any changes which Emma.ai may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; (v) or any other matter relating to the Services.
  4. Technical support is provided on a best-effort basis and only by e-mail or by telephone as per Emma.ai decision.
  5. You understand that Emma.ai can use third parties (e.g., hosting partners and/or other service providers) to provide the Services (e.g., hardware, software, networking, storage, etc.).
  6. Emma.ai may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at Emma.ai’s sole discretion. Any new, changed, or removed features are subject to the these Terms and Conditions.
  7. By continuing to access or use the Services following such changes have entered into effect, you agree and accept to such changes and the terms and conditions associated with them.

Use of the Services

  1. You agree to use the Services only for purposes that are permitted by (i) these Terms and Conditions and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  2. Emma.ai may offer or require you to register for a user-account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your user-account and password. User-accounts registered by bots or other automated methods are not permitted and not recommended.
  3. For certain services, Emma.ai may offer to upload your personal photo or other content. You are responsible not to upload any abusive materials, not to infringe any copyrights or trademarks or other third party rights or intellectual property and to not use a design which other Emma.ai users or the public may deem offensive.
  4. For certain services, Emma.ai may offer to define a personal URL (web address). You acknowledge that Emma.ai can rename or reject your personal URL at its sole discretion.
  5. You agree that you will not impersonate another person.
  6. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
  7. You verify that your country of residence is the same as your billing address.
  8. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
  9. You will not use the Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
  10. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account.
  11. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by Emma.ai.
  12. You agree that you are solely responsible for any breach of your obligations under these Terms and Conditions and that you shall bear any and all liability arising out of your actions in connection with Emma.ai including but not limited to any loss or damage which Emma.ai may suffer of any such breach. For the avoidance of doubt it shall be clarified that under no circumstances will Emma.ai be held liable for any action, activity or other course of action you are involved in.
  13. You agree to Emma.ai’s privacy policy, as available on the Site.
  14. Emma.ai reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or user-account from any of the Services at Emma.ai’s sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
  15. Emma.ai has a zero tolerance policy for abusive language and/or abusive behavior towards our company, the Service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive will result in immediate irrevocable account termination without refund. Threats to sue, slander, libel, etc. will all be considered abuse.

Your Data Rights

  1. Emma.ai is by design exposed to emails and calendar events we are explicitly shared through the Services. You may submit various types of information and data into the Services for scheduling and processing purposes (“Your Data”). Your Data means any data and content you transmit to Emma.ai or is otherwise made available via the Services. Your Data includes messages you send, meeting information, profile information, calendar information and anything else you enter or upload into the Service or Site. Emma.ai will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.
  2. In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy Your Data in order to display it to you, to make backups to prevent data loss, and so on. Your acceptance of this Terms and Conditions gives us the permission to do so and grants us any such rights necessary to provide the Service to you, only for the purpose of providing the Service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.
  3. If any users send us any feedback or suggestions regarding the Service, you grant Emma.ai an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
  4. Emma.ai reserves the right to use your name as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential Emma.ai customers. For example, we might list your company on one of our webpages under lists of Emma.ai customers. We don’t want to list customers who don’t want to be listed, so you may send an email to support@emma.ai stating that you do not wish to be used as a reference.

Fees

  1. You may agree to a one (1) month or twelve (12) month contract agreement with Emma.ai.
  2. You can opt to upgrade or downgrade your service agreement to any other contract agreement that Emma.ai is currently offering for sale at any time during your contract term.
    1. To the extent you use a Service plan that is made available for a fee, you will be required to select a payment plan and provide accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Emma.ai in accordance with the terms set forth on the Site and these Terms and Conditions, and you authorise Emma.ai or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms.
    2. If you dispute any charges you must let Emma.ai know within sixty (60) days after the date that Emma.ai bills you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our prices for your Service plan, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. Emma.ai may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice. Past due fees are subject to a finance charge of 1% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services.
  3. At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via your account at https://my.emma.ai . Any cancellation issued via the Site must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via https://my.emma.ai must be done five (5) days prior to the end of the contract term to allow for adequate processing time.
  4. Only Services and features clearly indicated as “free” or “no charge” are free or without charge. It is not the responsibility of Emma.ai to provide free support for you in the use and operation of Emma.ai. All other applications, features, functionality and support provided by Emma.ai are provided for the fees described for each service on the Site (“Fees”) and you are liable for such Fees.
  5. If you purchase any Services that we offer for a Fee, you agree to Emma.ai, or our third party service providers, storing your payment card information. You expressly agree that we are authorised to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorise us to continue billing you and you agree to remain responsible for any uncollected Fees.

Third Party Payment Processors

Emma.ai uses third party payment processors to assist it in processing your personally identifiable payment information securely. Such third party processors’ are required to have a privacy policy and security standards in place that are at least as protective of your information as those in our Privacy Policy. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.

Term and Termination

This Terms and Conditions will continue in full effect unless and until your account or this Terms and Conditions is terminated as described herein. Service plans that are paid monthly will automatically renew for additional months, and Service plans that are paid annually will automatically renew for additional years. You have the right to deactivate your account at any time by using the account deactivation interface provided at https://my.emma.ai .

Monthly memberships can be deactivated at any time with no additional fees. If you deactivate, you will be charged for that month’s service (as well as all prior months of service), but we will not charge you for the month following the month in which you deactivate. Customers will lose access to Emma.ai immediately following deactivation. Subscriptions may be deactivated by logging into your account at https://my.emma.ai .

Termination of Service

We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We may cancel your monthly membership for any or no reason immediately upon notice to you but, if we do, we will give you a prorated refund at the standard monthly rate for any time period for which you have already paid. Moreover:

  1. Services may be terminated by us, without cause, at any time.
  2. Services may be terminated by you, without cause, by following the cancellation procedures set forth in the Term and Termination section.
  3. Emma.ai may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
  4. Notice of termination of Services by Emma.ai may be sent to the contact email associated with your account. Upon termination, Emma.ai has the right to delete all data, files, or other information that is stored in your account.

Limitation of Liability and Warranty

  1. Under no event shall Emma.ai, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any –
    1. Errors, mistakes, or inaccuracies of content;
    2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services;
    3. Any unauthorized or illegal access to the servers used by Emma.ai and/or any and all personal information and/or financial information stored therein;
    4. Any interruption or cessation of transmission to or from our Services,
    5. Any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Services by any third party;
    6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
  2. By using Emma.ai you acknowledge that Emma.ai shall not be liable for content or the defamatory, offensive, or illegal conduct of any third parties or other users of Emma.ai
  3. You agree that your use of Emma.ai and its ancillary Services shall be at your sole risk. To the fullest extent permitted by law, Emma.ai, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Services and your use thereof. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Emma.ai makes no warranties or representations about the accuracy or completeness of Emma.ai’s content or the content of any sites linked to Emma.ai and assumes no liability or responsibility. Emma.ai shall not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Emma.ai does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked services or featured in any banner or other advertising. YOU AGREE THAT UNLESS ACTION IS INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES RELATING TO ANY SERVICE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnity

  1. Without limiting the above, you hereby release, discharge and hold harmless Emma.ai and its Partners and each of their respective employees, officers, directors and suppliers from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys’ fees) arising out of, resulting from, or by reason of, your use of the Services, including without limitation any exploitation of your personal Emma.ai user profile, on any legal theory whatsoever (including, but not limited to, copyright infringement, personal injury, rights of privacy and publicity, idea misappropriation, false light, or defamation).You agree to defend, indemnify and hold harmless Emma.ai and any of its directors, shareholders, employees, consultants or affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or in any way relating to:
    1. Your (or anyone using your account’s) use of and access to the Emma.ai website or mobile app, Services;
    2. Your (or anyone using your account’s) violation of any term of these Terms and Conditions;
    3. Your (or anyone using your account’s) violation of any third party right, including without limitation any intellectual property, copyright, property, personal injury or privacy right;
    4. Any claim that your actions, in connection with Emma.ai’s Services, have caused damage to a third party.
  2. This indemnification obligation shall survive these Terms and Conditions and your use of the Emma.ai Services.

Advertisements

  1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on or made available to the Services.
  2. He manner, mode and extent of advertising on the Services are subject to change without specific notice to you.
  3. You agree that Emma.ai may place such advertising on the Services.
  4. If you are using a free service, you must not block such advertising.

Intellectual Property Rights

  1. The content and technology offered by Emma.ai, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the trademarks, service marks and logos contained therein, patents are owned by or licensed to Emma.ai, subject to copyright and other intellectual property rights
  2. Emma.ai’s service is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of Emma.ai’s services other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through Emma.ai for any commercial purposes. If you download or print a copy of the Emma.ai’s content for personal use, you must retain all copyright and other proprietary notices contained in Emma.ai’s services. You agree not to avoid, disable or otherwise interfere with security related features of Emma.ai or features that prevent or restrict use or copying of any content or enforce limitations on use of Emma.ai’s services.

Eligibility

By using Emma.ai you confirm that you are 18 years of age or a liberated minor, or acting with the consent of your legal parent or guardian and competent to enter or abide by the terms and conditions, obligations, representations and warranties set forth in these Terms and Conditions.

Assignment

Emma.ai holds sole rights of assignment and licenses or any other rights without any restriction. User is not permitted to transfer or assign any of rights or license under this agreement to a third party.

Entire Agreement

These Terms and Conditions constitute the entire understanding between the parties concerning the use of Emma.ai along with its privacy policy and copyright policy of Emma.ai.

Severability

Should any portion of this terms and conditions be found invalid by a court of competent jurisdiction, the remaining provisions of terms and conditions hereof shall continue in full force and effect.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales. The parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Agreement.