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Last updated: April 9, 2020
This Terms of Use (“Terms”) governs all use of the Service described below provided by Yottaram, LLC, a Maine limited liability company (“we” or “us”) by all people and organizations that in any way use, access or interact with the Service (“you”).
Description of the Service
We provide the eMoods mobile software applications for Apple and Android devices (the “Apps”) and the https://emoodtracker.com website (the “Website”) (collectively, we call the Apps and the Website the “Service”). You may use the basic features of the Apps for free. You may also purchase the paid “Patron” version of the Apps, which offers additional features. Purchases made with the Service are nonrefundable, and you alone are responsible for your compliance with any tax laws relating to your purchases.
The Apps store information that you input into your mobile device locally on that device. We do not receive, access or store that information. The Apps allow you to export your eMoods data from your mobile device to your own cloud storage service, your physician or others at any time.
Our Partnership with Better Help
Our Apps allow you to access Better Help, a therapy service, which compensates us financially when people use our Apps to purchase Better Help’s services.
IMPORTANT DISCLAIMER: NO MEDICAL ADVICE
WE HOPE THAT YOU WILL FIND THE SERVICE TO BE USEFUL, BUT PLEASE DO NOT RELY ON IT AS A SUBSTITUTE FOR MEDICAL TREATMENT. THE SERVICE DOES NOT PROVIDE MEDICAL TREATMENT OR ADVICE. IT IS FOR INFORMATIONAL PURPOSES ONLY. CONSULT A PHYSICIAN WHILE USING THE SERVICE, OR IF YOU EXPERIENCE SYMPTOMS OF ANY ILLNESS WHILE YOU USE IT. IF YOU EXPERIENCE ANY EMERGENCY, IMMEDIATELY DIAL 911 OR CALL THE NATIONAL SUICIDE PREVENTION LIFELINE IN THE UNITED STATES AT 1-800-273-8255. IF YOU ARE OUTSIDE OF THE US, FIND HOTLINES IN YOUR COUNTRY HERE.
Your Use of the Service
By using any part of the Service in any way, including accessing, visiting, attending or downloading the Service or submitting to it any information (“Your Content”), you agree to be bound by these Terms. You may use the Service only if you are at least eighteen years old and can form a binding contract with us, and only in compliance with these Terms and all applicable laws. Wherever the Service asks you to provide information, you must provide accurate information.
These Terms are effective as of the “Last updated” date above. We may update them from time to time. You agree to be bound by the updated Terms as soon as we update them on our Website. Your use of the Service is non-transferable and subject to your compliance with these Terms.
Our Provision of the Service
We reserve the right to monitor your use of the Service to determine compliance with these Terms. We reserve the right to suspend or terminate the Service to you or to any other person for any lawful reason at any time.
LIMITATION OF LIABILITY; WARRANTIES
WE AND OUR EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS: (A) WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER, IN AN ACTION OF CONTRACT, TORT OR OTHERWISE) ARISING FROM THE SERVICE; AND (B) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, RELATING TO OR ARISING FROM THE SERVICE. THE LIMITATIONS AND WARRANTY PROVISIONS IN THESE TERMS ARE EFFECTIVE TO THE FULL EXTENT PERMITTED BY LAW, AND THEY WILL CONTINUE IN EFFECT AFTER THE TERMINATION OF YOUR PARTICIPATION IN THE SERVICE.
Indemnification
You will indemnify us against any and all claims, demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms or your use of the Service. You will bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information and access to you as we deem necessary.
Third-party materials
We are not responsible for any content appearing on third-party websites or materials that the Service references or to which it links. You access or act on third-party materials at your own risk and subject to those third parties’ own terms of use.
Terms Applicable to Apple Device Users.
If you download the Apple from the Apple Store to an Apple-branded mobile device, then this section refers to your App as the “iOS App” and the following terms apply to you in addition to the other provisions in these Terms.
- Apple is not a party to these Terms. We, not Apple, are solely responsible for the iOS App and the content and services that it makes available to you. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the iOS App.
- The licenses in these Terms are limited to Apple-branded products that you own or control and are subject to the Usage Rules in the Apple App Store Terms of Service, except that the iOS App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATIONS WHATSOEVER WITH RESPECT TO THE IOS APP AND ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY APPLICABLE TO US WILL BE OUR SOLE RESPONSIBILITY. TO THE EXTENT THAT ANY WARRANTY MAY APPLY TO YOU NOTWITHSTANDING THESE TERMS’ EXPRESS PROVISIONS AND THE IOS APP FAILS TO CONFORM TO THAT WARRANTY, YOU MAY NOTIFY APPLE AND APPLE WILL REFUND ANY PURCHASE PRICE THAT YOU MAY HAVE PAID FOR THE IOS APP.
- YOU ACKNOWLEDGE THAT WE, NOT APPLE, ARE RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR BY ANY THIRD PARTY RELATING TO THE IOS APP OR TO YOUR POSSESSION OR USE OF THE IOS APP, INCLUDING WITHOUT LIMITATION (I) PRODUCTION LIABILITY CLAIMS, (II) ANY CLAIM THAT THE IOS APP FAILS TO CONFORM TO APPLICABLE LEGAL OR REGULATORY REQUIREMENTS AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION, PRIVACY OR SIMILAR LAWS, TO THE EXTENT THAT ANY OF THE FOREGOING CLAIMS ARE PERMITTED UNDER THESE TERMS.
- You acknowledge that in the event of a third-party claim that the iOS App or your possession or use of the iOS App infringes on that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
- You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and that upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
- You represent and warrant that you are not located in a country that is subject to a United States government embargo or which the United States government has designed as a “terrorist supporting” country and that you are not listed on any United States government list of prohibited or restricted parties.
- The iOS App is offered by Yottaram LLC, whose mailing address is 123 FREE STREET, SUITE 200, PORTLAND, ME 04101. With any questions, complaints or claims, please contact info@emoodtracker.com.
General
You take sole responsibility for backing up, protecting, and otherwise securing any information captured by the Apps when installed on your devices.
These Terms will be governed by Maine law, and we will resolve any dispute about the Service by arbitration in York County, Maine. The failure of either party to enforce any provisions of these Terms is not a waiver of the provisions or of the right of that party to subsequently enforce that provision or any other provision. Should any provision of these Terms be or become unenforceable under applicable law, the other provisions shall remain in effect. These Terms inure to the benefit of the parties’ successors and assigns. You may not assign or delegate any rights or duties that these Terms impose on you. These Terms are the entire agreement between us and you about the Service. They replace any other prior oral or written agreements between us and you about the Service.