Terms of Service

Last Updated: January 6, 2025

Introduction

Welcome to Emotion Buddy. These Terms of Service ("Terms") govern your access to and use of the Emotion Buddy mobile application ("App", "Service") provided by Emotion Buddy ("we", "us", "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

Important: Please read these Terms carefully before using our Service.

1. Acceptance of Terms

By using Emotion Buddy, you acknowledge that:

  • You have read and understood these Terms
  • You agree to be bound by these Terms and our Privacy Policy
  • You are at least 13 years of age
  • You have the legal capacity to enter into this agreement

2. Description of Service

Emotion Buddy provides:

  • Digital journaling capabilities with multimedia support
  • Mood tracking and emotional wellness monitoring
  • AI-powered analysis and insights (optional)
  • Analytics and pattern recognition tools
  • Secure cloud storage for your data

The Service is provided "as is" and we reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

3. User Accounts

3.1 Account Creation

To use our Service, you must:

  • Create an account with accurate information
  • Provide a valid email address
  • Choose a secure password
  • Maintain the confidentiality of your account credentials

3.2 Account Responsibility

You are responsible for:

  • All activities that occur under your account
  • Maintaining the security of your password
  • Notifying us immediately of any unauthorized use
  • Ensuring your account information remains accurate

3.3 Account Termination

You may delete your account at any time through the in-app settings. We reserve the right to suspend or terminate accounts that violate these Terms.

4. User Content

4.1 Your Content

You retain all rights to the content you create in Emotion Buddy, including:

  • Journal entries
  • Mood data
  • Photos, videos, and audio recordings
  • All other user-generated content

4.2 License to Us

By using our Service, you grant us a limited license to store, process, and display your content solely for the purpose of providing and improving the Service. This includes:

  • Storing your data on secure servers
  • Processing content for AI analysis (if enabled)
  • Backing up your data for security purposes
  • Displaying your content to you within the app

4.3 Content Standards

While your journal is private, you agree not to:

  • Use the Service for illegal purposes
  • Upload malicious code or viruses
  • Attempt to harm or exploit the Service
  • Violate any applicable laws or regulations

5. AI Features and Third-Party Services

5.1 AI Analysis

Our AI-powered features use OpenAI's API to analyze your journal entries and provide insights. By using these features, you understand that:

  • Your journal text may be sent to OpenAI for processing
  • AI analysis is optional and can be disabled
  • AI insights are suggestions, not professional medical advice
  • Data sent to OpenAI is not used to train their models

5.2 Limitations of AI

Important Disclaimer: AI-generated insights are not a substitute for professional mental health care. If you are experiencing a mental health crisis, please contact:

  • Emergency Services: 911 (US)
  • Suicide Prevention Lifeline: 988 (US)
  • Crisis Text Line: Text HOME to 741741

6. Not Medical Advice

IMPORTANT: Emotion Buddy is a wellness and journaling tool, NOT a medical device or professional mental health service.

  • The Service does not provide medical advice, diagnosis, or treatment
  • The Service is not a substitute for professional mental health care
  • Always seek the advice of qualified healthcare providers with questions about medical conditions
  • Never disregard professional medical advice because of something you read in the app
  • If you think you have a medical emergency, call 911 immediately

7. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your data.

Key privacy commitments:

  • We encrypt your data in transit and at rest
  • We never sell your personal information
  • You can delete your account and data at any time
  • We comply with GDPR, CCPA, and other privacy laws

8. Fees and Payments

8.1 Free Service

Emotion Buddy is currently free to use. We reserve the right to introduce paid features or subscriptions in the future with advance notice.

8.2 Future Paid Features

If we introduce paid features:

  • Existing free features will remain free
  • Users will be notified in advance
  • Pricing will be clearly disclosed
  • Refund policies will be provided

9. Intellectual Property

9.1 Our Rights

All rights, title, and interest in the Service (excluding user content) belong to us, including:

  • App design and user interface
  • Software code and algorithms
  • Trademarks, logos, and branding
  • Documentation and content created by us

9.2 Your Rights

You retain full ownership of all content you create in Emotion Buddy.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Uninterrupted or error-free operation
  • Accuracy or reliability of results

We do not warrant that the Service will meet your requirements or that defects will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMOTION BUDDY BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, or goodwill
  • Service interruptions or data loss
  • Any damages arising from your use or inability to use the Service

Our total liability shall not exceed $100 USD or the amount you paid us in the past 12 months, whichever is greater.

12. Indemnification

You agree to indemnify and hold harmless Emotion Buddy from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your user content

13. Changes to Terms

We may modify these Terms at any time. When we do:

  • We will update the "Last Updated" date
  • We will notify you through the app or via email
  • Continued use of the Service constitutes acceptance
  • You can discontinue use if you disagree with changes

14. Termination

14.1 By You

You may terminate your account at any time by using the account deletion feature in the app.

14.2 By Us

We may suspend or terminate your account if:

  • You violate these Terms
  • You engage in fraudulent or illegal activity
  • Required by law
  • We discontinue the Service

15. Governing Law

15.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

15.2 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service:

  • We encourage you to first contact us at [email protected] to resolve the issue informally
  • If informal resolution is not successful, disputes may be resolved through binding arbitration or small claims court
  • Arbitration shall be conducted by a neutral arbitrator in accordance with applicable arbitration rules
  • Each party shall bear their own costs and fees unless otherwise awarded by the arbitrator

15.3 Company Information

Legal Entity: Emotion Buddy

Contact: [email protected]

15.4 Waiver of Class Actions

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. Contact Us

If you have questions about these Terms, please contact us:

Acknowledgment

By using Emotion Buddy, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them.