Terms and Conditions (Terms of Service)

Last Updated: 2025-10-05

1. Introduction

Welcome to EmoFriend (“we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your access to and use of our mobile application(s), website(s), chat services, and related features (collectively, the “Service”).

By accessing or using the Service, you (“you”, “User”) agree to be bound by these Terms and our Privacy Policy.
If you do not agree, do not use the Service.

2. Eligibility

• You must be at least 13 years old (or the minimum digital-consent age in your jurisdiction) to use the Service.
• If you are between 13 and 17, you may use the Service only with parental or guardian consent.
• You represent that you are legally capable of entering into a binding agreement.

3. Nature of the Service (Non-Clinical Use)

• EmoFriend provides AI-based emotional support and reflective conversation tools.
  It is not a substitute for:
  • Professional therapy or counseling
  • Medical or psychiatric diagnosis or treatment
  • Crisis or emergency services

If you are in distress or may harm yourself or others, call local emergency services or a crisis hotline (e.g., in the U.S. dial 988).

4. Account Registration

• To use certain features, you may need to create an account. You agree to:
  • Provide accurate and complete information.
  • Keep your login credentials secure.
  • Be responsible for all activity under your account.
  • Notify us immediately of unauthorized use.
• We reserve the right to suspend or terminate accounts for violation of these Terms or fraudulent behavior.

5. Subscription, Payments & Refunds

A. In-App Purchases & Subscriptions

Some features may require payment (e.g., “Pro”, “Premium”). Purchases are processed by third-party platforms (e.g., Apple App Store, Google Play) under their respective terms.

B. Billing & Renewal

Subscriptions auto-renew unless canceled at least 24 hours before the renewal date. You can manage or cancel through your platform account settings.

C. Refunds

Refunds are handled per platform policy (Apple, Google, or Stripe). EmoFriend does not directly process refunds for in-app payments.

6. Acceptable Use

• You agree not to:
  • Use the Service for illegal or harmful purposes.
  • Upload or transmit content that is abusive, harassing, discriminatory, obscene, or promotes violence.
  • Attempt to hack, reverse engineer, or disrupt the Service.
  • Use bots, scrapers, or automated systems to collect data.
  • Impersonate another person or misrepresent your affiliation.
  • Exploit the Service for commercial purposes without authorization.
• Violation may result in suspension or termination.

7. User Content

A. Ownership

You retain ownership of the content (messages, journal entries, etc.) you create and upload (“User Content”). By submitting content, you grant EmoFriend a non-exclusive, worldwide, royalty-free license to host, process, display, and use such content solely to operate and improve the Service.

B. Sensitive Content

You acknowledge that your messages may contain emotional or sensitive information and consent to EmoFriend processing it per our Privacy Policy.

C. License Termination

Upon deletion of your account or data request, we will delete or anonymize your User Content in accordance with our retention policy and applicable law.

8. AI-Generated Content Disclaimer

• EmoFriend uses automated AI systems to generate responses.
• These responses:
  • Are for informational and reflective purposes only.
  • Do not constitute clinical, medical, or legal advice.
  • May occasionally contain inaccurate or inappropriate suggestions.

You agree to use your own judgment and not rely solely on AI output for decision-making affecting your health, safety, or relationships.

9. Intellectual Property

The Service, including software, logos, designs, text, graphics, and all related content (excluding User Content), is the intellectual property of EmoFriend or its licensors.
You may not copy, distribute, modify, or create derivative works without our prior written consent.

10. Feedback

If you send suggestions, ideas, or feedback, you grant us a perpetual, royalty-free license to use them for any purpose without compensation to you.
We are not obligated to use or respond to feedback.

11. Privacy

Your privacy is important to us. Our data practices are described in the Privacy Policy, which forms part of these Terms.
By using the Service, you consent to our collection and use of data as described therein.

12. Third-Party Services

The Service may contain links or integrations with third-party apps or websites.
We do not control or endorse third-party content and are not responsible for their privacy or terms.
Use third-party services at your own risk.

13. Termination

• We may suspend or terminate your access:
  • For violation of these Terms or applicable law.
  • For extended inactivity.
  • If necessary for security, maintenance, or legal compliance.
• You may delete your account at any time. Upon termination, your license to use the Service ends, but provisions on ownership, indemnity, limitations, and governing law survive.

14. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
To the maximum extent permitted by law, EmoFriend disclaims all warranties — express or implied — including:

• Fitness for a particular purpose
• Accuracy or reliability
• Non-infringement
• Continuous or error-free operation

We do not guarantee that AI responses or emotional guidance are accurate, effective, or clinically sound.

15. Limitation of Liability

• To the fullest extent permitted by law:
  • EmoFriend and its affiliates, officers, employees, or partners will not be liable for any indirect, incidental, special, consequential, or punitive damages.
  • Our total liability arising out of or relating to your use of the Service shall not exceed the greater of (a) the amount you paid in the last 12 months or (b) $50 USD.
  • Some jurisdictions do not allow exclusion of certain warranties or limitations; in such cases, the limitations apply to the fullest extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless EmoFriend, its affiliates, and personnel from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorney fees) arising from:
— Your use or misuse of the Service.
— Violation of these Terms.
— Violation of any law or third-party right.

17. Governing Law & Jurisdiction

These Terms are governed by and construed under the laws of India, without regard to its conflict-of-law principles.
Any dispute shall be brought exclusively in the courts located in Noida, Uttar Pradesh, India, and you consent to their jurisdiction.
If you are located outside India, you agree that all disputes will be resolved under the same principles to the maximum extent permitted.

18. Dispute Resolution & Arbitration

• Any dispute or claim arising from these Terms or your use of the Service shall be resolved by binding arbitration administered in accordance with the Indian Arbitration and Conciliation Act, 1996, or rules of a recognized arbitration body (e.g., Indian Council of Arbitration).
• Arbitration will take place in Noida, Uttar Pradesh, India.
• Each party bears its own costs.
• Class actions are not permitted.
• You may opt out of arbitration within 30 days of first use by sending written notice to: legal@techrange.co

19. Changes to Terms

• We may modify these Terms at any time. Updates will be posted with a new “Last Updated” date.
• Significant changes may be notified via email or in-app notice.
• Continued use after changes constitutes acceptance of the new Terms.

20. Suspension, Downtime & Force Majeure

• We may suspend the Service temporarily for maintenance, upgrades, or unforeseen issues.
• We are not responsible for failures due to events beyond our reasonable control, including natural disasters, war, cyberattacks, internet outages, or government restrictions.

21. Export & Compliance

• You may not use or export the Service in violation of U.S. export laws or other applicable regulations.
• You agree to comply with all local laws regarding the use of online services and AI technologies.

22. Entire Agreement

These Terms, along with our Privacy Policy and any supplemental agreements, constitute the entire agreement between you and EmoFriend and supersede prior communications or understandings.

23. Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

24. No Waiver

Failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.

25. Contact Information

Legal Department

EmoFriend / Techrange Solutions Pvt Ltd
Email: legal@techrange.co
Address: Techrange, Sector 78, Noida, UP, 201301

26. Apple App Store & Third-Party Terms (Required by Apple)

• If you download the App from the Apple App Store:
  • These Terms are between you and EmoFriend, not Apple.
  • Apple is not responsible for the App or its content.
  • Apple has no obligation to provide support or maintenance.
  • In the event of non-conformance, you may notify Apple, and Apple may refund the purchase price.
  • EmoFriend, not Apple, is responsible for product warranties, claims, and legal compliance.

27. Survival

Sections 7–19, 21–27, and all disclaimers, limitations, and indemnities shall survive termination.