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Terms of Service

Last Updated: October 11, 2025

Welcome to EmotionChat. By accessing or using our service, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully before using our platform.

1. Acceptance of Terms

By creating an account, accessing, or using EmotionChat, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not use our service.

2. Age Requirements and Restrictions

2.1 Parental Consent for Minors

• Users under 16 must provide a valid parent or legal guardian email address during registration
• We will send a consent verification email to the parent/guardian
• Account functionality will be limited until parental consent is verified
• Parents have the right to review, modify, or delete their child's account at any time

2.2 Age Verification

You agree to provide accurate age information. Falsifying your age to circumvent these requirements is a violation of these Terms and may result in immediate account termination.

3. Account Registration and Security

3.1 Account Creation

To use EmotionChat, you must:

• Provide accurate, complete, and current information
• Maintain and update your account information
• Maintain the security of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Account Responsibilities

You are responsible for:

• All content and activity on your account
• Maintaining the confidentiality of your login credentials
• Complying with all applicable laws and regulations
• Any losses or damages resulting from failure to maintain account security

4. Acceptable Use Policy

You agree NOT to use EmotionChat to:

4.1 Prohibited Activities

• Violate any local, state, national, or international law
• Infringe on intellectual property rights of others
• Transmit harmful, threatening, abusive, harassing, or defamatory content
• Distribute spam, malware, viruses, or any malicious code
• Impersonate any person or entity
• Engage in any form of harassment, bullying, or hate speech
• Share explicit, obscene, or inappropriate content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the service or servers
• Use automated systems (bots, scrapers) without permission
• Collect or harvest user information without consent
• Use the service for commercial purposes without authorization

5. Subscription Plans and Billing

5.1 Subscription Tiers

EmotionChat offers multiple subscription tiers:

• Free Tier: Limited features with ad-supported access
• Standard Tier ($9.99/month): Enhanced features and reduced ads
• Premium Tier ($29.99/month): Full features, no ads, advanced analytics
• Enterprise Tier (Custom pricing): Organization-wide licenses with custom features

5.2 Billing and Payments

• Subscriptions are billed monthly or annually in advance
• Payment processing is handled securely through Stripe
• Prices are in USD unless otherwise stated
• You authorize us to charge your payment method for recurring subscriptions
• Failed payments may result in service suspension

5.3 Cancellations and Refunds

• You may cancel your subscription at any time through account settings
• Cancellations take effect at the end of the current billing period
• No refunds for partial months or unused portions of your subscription
• Refunds may be issued at our discretion for service outages or technical issues
• Annual subscriptions are non-refundable after 14 days

5.4 Price Changes

We reserve the right to modify subscription prices with 30 days' notice. Price changes will apply to subsequent billing cycles, and you may cancel before the change takes effect.

6. Intellectual Property Rights

6.1 Our Content

All content, features, and functionality of EmotionChat, including but not limited to:

• Software, code, and algorithms
• Text, graphics, logos, and design elements
• Emotion analysis technology and AI models
• Trademarks, service marks, and branding

are owned by EmotionChat and protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use EmotionChat for personal or business purposes in accordance with these Terms.

7. User-Generated Content

7.1 Your Content

You retain ownership of content you create, upload, or share on EmotionChat, including:

• Video recordings of your sessions
• Profile information and media
• Messages and communications

7.2 License to Us

By using EmotionChat, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store and process your content to provide the service
• Use emotion analysis data to improve our algorithms (anonymized)
• Display your content within the platform as necessary

7.3 Content Responsibilities

You are solely responsible for your content and warrant that:

• You own or have the rights to all content you share
• Your content does not violate any laws or third-party rights
• Your content complies with our Acceptable Use Policy

8. Video Recording and Data Usage

8.1 Recording Consent

Video chat sessions can be recorded only when:

• All participants explicitly consent to recording
• Clear notification is displayed during recording
• You comply with applicable recording consent laws in your jurisdiction

8.2 Emotion Analysis

By using EmotionChat, you consent to:

• Real-time analysis of facial expressions and voice tone
• Processing of video and audio data for emotion detection
• Storage of anonymized analysis data for service improvement

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy commitments:

• GDPR compliance for European users
• COPPA compliance for users under 16
• Secure data encryption and storage
• Your rights to access, export, and delete your data

10. Third-Party Services

EmotionChat integrates with third-party services:

• LiveKit: Video infrastructure and streaming
• AssemblyAI: Speech transcription services
• Stripe: Payment processing
• Google AdSense: Advertising (free and standard tiers)

Use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

11. Disclaimers and Limitations of Liability

11.1 Service "As Is"

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMOTIONCHAT SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or business opportunities
• Service interruptions or technical failures
• Unauthorized access to or alteration of your content
• Third-party conduct or content
• Any damages exceeding the amount paid to us in the past 12 months (or $100 if no payment)

11.3 No Professional Advice

EmotionChat's emotion analysis is for informational purposes only and should not be considered as:

• Medical, psychological, or therapeutic advice
• Professional counseling or diagnosis
• A replacement for professional mental health services

12. Indemnification

You agree to indemnify, defend, and hold harmless EmotionChat, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your content or conduct on the platform

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in settings
• Contacting our support team

13.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms or our policies
• Your account poses a security or legal risk
• You engage in fraudulent or illegal activity
• Payment for subscription services fails
• Required by law or legal process

13.3 Effect of Termination

Upon termination:

• Your right to access and use EmotionChat immediately ceases
• Your data will be deleted according to our retention policy
• You remain liable for any outstanding payments
• Provisions that by their nature should survive will continue (e.g., liability limitations, indemnification)

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@emovision.net to attempt informal resolution. We'll work in good faith to resolve disputes within 30 days.

14.2 Arbitration Agreement

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except where prohibited by law. Arbitration will be conducted by a neutral arbitrator and governed by the rules of the American Arbitration Association (AAA).

14.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis. You waive any right to participate in class actions or class-wide arbitration.

14.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles. Any legal action must be brought in the courts located in [Your Jurisdiction].

16. Changes to Terms of Service

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top
• We will notify you via email or prominent notice on the platform
• Material changes will take effect 30 days after notification
• Your continued use after changes constitutes acceptance
• If you disagree with changes, you must stop using the service

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EmotionChat.

17.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in full effect.

17.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

17.4 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We are not liable for failures or delays due to circumstances beyond our reasonable control.

18. Contact Information