Terms and Conditions

1. Acceptance of These Terms

These Terms and Conditions ("Terms") govern your access to and use of the EmoBay websites and apps, including `emobay.org`, `chat.emobay.org`, and the EmoBay iOS app (collectively, the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. About the Service (Not Medical Advice)

EmoBay provides an AI-assisted experience designed for general informational and psychosocial support. The Service may generate responses using automated systems and machine learning models.

Important: EmoBay does not provide medical, psychiatric, legal, or other professional advice. The Service is not a substitute for professional diagnosis, treatment, or emergency services.

3. Emergencies and Safety

Do not use EmoBay for emergencies. If you are in immediate danger or think you may harm yourself or others, call your local emergency number right away. EmoBay may display crisis resources or safer guidance, but it cannot contact emergency services on your behalf.

4. Eligibility

The Service is intended for adults. You must be at least 18 years old to use the Service. By accessing or using the Service, you represent that you are 18 or older. If you are under 18, you may not use the Service.

5. Accounts and Authentication

• Account responsibility: you are responsible for maintaining the confidentiality of your account and for all activities that occur under it.
• Guest access: some features may be available in guest mode with limitations. Certain features (e.g., voice call history syncing) may require a registered account.
• Optional registration: creating an EmoBay account is optional. You can access certain features—including purchasing subscriptions through Apple’s In‑App Purchase system—without creating an account. Creating an account helps sync your subscription and history across devices.
• Accurate information: you agree to provide accurate information and keep it up to date.

6. Subscriptions, Billing, and Trials

The Service may offer paid subscription plans. Payment processing may occur through third-party payment processors and/or app stores. Your purchase may be subject to the third party’s terms, including auto-renewal rules and cancellation mechanics.

App Store subscriptions (iOS)

If you purchase an auto-renewable subscription in the EmoBay iOS app via Apple’s In-App Purchase system:

• Subscription period: monthly (auto-renewable). If additional periods are offered in the future (e.g., annual), they will be disclosed in the App Store purchase flow.
• Price: Friend — USD 3.99 per month; Bestie — USD 15.99 per month (plus applicable taxes). Prices may vary by region/currency and will be shown before you confirm purchase.
• Payment: payment will be charged to your Apple ID (iTunes) account at confirmation of purchase.
• No EmoBay account required: you can purchase an App Store subscription without creating an EmoBay account (for example, while using guest mode). Apple may require you to be signed in with your Apple ID to complete the purchase.
• Auto-renewal: subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.
• Renewal charge timing: your account will be charged for renewal within 24 hours prior to the end of the current period. The renewal price will be identified at that time.
• Managing or canceling: you can manage or cancel your subscription in iOS Settings (Settings → Apple ID → Subscriptions) or via the App Store account “Subscriptions” page.
• Restore Purchases: if you reinstall the app, switch devices, or need to re-sync access, use the in-app “Restore Purchases” option. Restores are based on your Apple ID purchase history and Apple’s verification.
• Subscription linking: to enable syncing and to prevent abuse, an App Store subscription may be linked to one EmoBay account. If you try to restore while signed in to a different account, you may be asked to sign in to the account previously associated with the subscription.
• Privacy: our Privacy Statement explains how we handle personal data.
• Refunds: refunds (if any) are handled according to Apple’s policies and applicable law.

iOS app license (Apple Standard EULA)

If you downloaded the EmoBay iOS app from the App Store, your license to use the app is governed by Apple’s Licensed Application End User License Agreement (the “Standard EULA”), unless a custom EULA is provided. You can review the Standard EULA at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.

• Changes: features, pricing, and usage limits may change over time. We will comply with applicable laws for notice requirements.

7. Acceptable Use

You agree not to misuse the Service. In particular, you will not:

• Use the Service for illegal, harmful, or abusive activities.
• Attempt to bypass security measures, rate limits, or access controls.
• Upload malware or attempt to disrupt the Service.
• Harass, threaten, or violate the rights of others.
• Use the Service to generate or disseminate content that is unlawful or infringes intellectual property.

8. Your Content and Sharing

You retain ownership of the content you submit to the Service ("Your Content"). To operate the Service, you grant EmoBay a limited, worldwide, non-exclusive license to host, store, reproduce, process, and display Your Content as necessary to provide and improve the Service and to enforce these Terms.

If you choose to share content publicly (for example, by setting a chat to public and sharing a link), you understand that others may be able to access it. Do not share sensitive personal information in public links.

9. AI Output Disclaimer

Outputs may be inaccurate, incomplete, or unsuitable for your situation. You are responsible for evaluating and verifying outputs before relying on them. EmoBay is not liable for actions you take based on outputs.

10. Privacy

Your use of the Service is also subject to our Privacy Statement.

11. Intellectual Property

The Service, including its software, design, and branding, is owned by or licensed to EmoBay and is protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer the Service except as permitted by law.

12. Termination

We may suspend or terminate your access to the Service if we believe you violated these Terms or if necessary to protect the Service, users, or third parties. You may stop using the Service at any time.

13. Disclaimers and Limitation of Liability

To the fullest extent permitted by law, the Service is provided on an "as is" and "as available" basis without warranties of any kind. EmoBay will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill arising from or related to your use of the Service.

14. Changes to the Service or Terms

We may modify the Service or these Terms from time to time. If we make material changes, we will update the "Last Updated" date and may provide additional notice where required by law.

15. Governing Law

These Terms are governed by the laws of Hong Kong SAR. Any dispute arising from or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts of Hong Kong.

16. Contact

For questions about these Terms, contact legal@emobay.org.