Terms and Conditions

Last Updated January 14, 2025

Welcome to Emma, provided by AHM Technology LLC ("we," "us," "our"). These Terms and Conditions ("Terms") govern your access to and use of our mobile and web applications, located at https://www.getemma.io (the "Emma App" or "the Emma Platform"). By creating an account or accessing the App, you agree to be bound by these Terms.

Please read these Terms carefully before using the Emma app, website, or services. By accessing or using the website or services, you agree to be legally bound by these Terms of Service and the Emma App Privacy Policy. If you do not agree with any of the terms, you may not use the website or services.

1. Emma App

1.1 Services: The Emma App Platform allows individuals who are registered on the Platform to organize tasks, contacts, sales, and other business-related activities.

1.2 Terms of Service: These Terms of Service ("Terms") apply to all visitors and users of the App, Website and Services (collectively referred to as "you," "your," and "Users"). We may modify these Terms at any time in its sole discretion by posting a notice on the Website or mobile application ("App"). Any changes will take effect 30 days from the date of posting an update to these Terms.

1.3 User eligibility: You must be at least 16 years old to use the App. By using the App, you confirm that you meet this age requirement. If you're using the App on behalf of a business entity, you warrant that you have the authority to bind that entity to these Terms.

2. Account Creation and Responsibilities

2.1 Account Creation: To access certain features of the App, you must create an account and provide accurate information. You are responsible for maintaining the confidentiality of your login credentials.

2.2 Account Responsibility: You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with these security obligations.

2.3 Account Termination: We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

3. Use of the App

3.1 Personal Use: You may use the App solely for managing your direct sales activities, including lead tracking, client communication, and team management. You agree not to use the App for any illegal or unauthorized purposes.

3.2 Compliance with Laws: You are responsible for ensuring that your use of the App complies with all applicable laws and regulations, including data protection laws when handling client information. This includes obtaining explicit consent from recipients before sending any messages generated through the App and ensuring compliance with anti-spam laws such as the CAN-SPAM Act, GDPR, and similar regulations. You must also ensure that any communications sent via third-party platforms (email, SMS, Facebook Messenger, etc.) comply with their respective terms of service and applicable laws.

3.3 Restrictions: You may not copy, modify, distribute, sell, or lease any part of the App, nor may you reverse engineer or attempt to extract the source code of the App, unless laws prohibit those restrictions or you have our written permission.

4. Subscription and Payment Terms

4.1 Free and Paid Services: Emma may offer both free and paid services. Any fees for the paid services will be specified at the time of purchase. We reserve the right to modify our pricing at any time with appropriate notice to subscribers.

4.2 Billing: By subscribing to paid services, you agree to provide accurate payment information and authorize us to charge your selected payment method for the applicable fees.

4.3 Refunds: All payments made to us are non-refundable unless required by applicable law or explicitly stated in the specific service terms.

5. Intellectual Property Rights

5.1 Ownership: All intellectual property rights in the App, including but not limited to software, design, text, and graphics, are owned by us or our licensors. You may not use any content from the App without our express permission.

5.2 User-Generated Content: If you submit or post content (e.g., reviews, feedback) through the App or App Stores, you grant us a worldwide, royalty-free, perpetual, and non-exclusive license to use, display, and distribute your content.

6. Data Privacy

By using the App, you consent to the collection, processing, and sharing of personal information as described in the Privacy Policy. This includes any data shared with third-party services integrated with the App for the purposes of delivering the services you have requested.

7. Data Security

We prioritize the security of your data and have implemented robust measures to protect it. Our security practices include:

7.1 Encryption Protocols: All data transmitted between your device and our servers is encrypted using industry-standard protocols to prevent unauthorized access.

7.2 Access Controls: We employ strict access controls to ensure that only authorized personnel can access sensitive data.

7.3 Regular Security Audits: Our systems undergo regular security audits and vulnerability assessments to identify and mitigate potential risks. We continuously update our security practices to align with the latest industry standards.

7.4 Data Storage: User data is securely stored in cloud infrastructure with robust security measures. We regularly back up data to ensure it can be restored quickly and effectively in case of any incidents.

7.5 Compliance: We comply with all applicable data protection regulations, including GDPR and CCPA, to ensure your data is handled responsibly and transparently.

By using the App, you trust us with your data, and we are committed to maintaining that trust through rigorous security practices.

8. Third-Party Services

The App may integrate with third-party services (e.g., email providers, SMS platforms, social media). While we strive to ensure that these services are secure, you are responsible for ensuring that your use of these third-party services complies with applicable laws, including data protection and privacy regulations. Please review the privacy policies of these third-party services before using them.

9. Disclaimer of Warranties

9.1 "As-Is" Basis: The App is provided on an "as-is" and "as-available" basis without any warranties, express or implied. We do not guarantee that the App will be uninterrupted, error-free, secure, or free of viruses. We also do not guarantee the security or privacy of your data when using third-party services integrated with the App.

9.2 No Professional Advice: Any information provided through the App is for informational purposes only and is not intended to constitute professional advice.

10. Limitation of Liability

10.1 Indirect Damages: To the maximum extent permitted by law, we are not liable for any indirect, incidental, or consequential damages (including loss of profits, revenue, or data) arising out of your use of the App.

10.2 Direct Damages: Our total liability for any direct damages arising out of these Terms will not exceed the amount paid by you for using the App in the 12 months preceding the event giving rise to the claim, except in cases of liability arising from privacy violations, data breaches, or illegal activities, where applicable law may provide for additional remedies.

11. Indemnification

You agree to indemnify and hold harmless AHM Technology LLC, its affiliates, officers, directors, and employees from any claims, damages, liabilities, and expenses (including legal fees) arising from your use of the App or violation of these Terms.

12. Modifications to the Terms

We may update these Terms from time to time. If any changes are made, we will notify you through the App or via email. By continuing to use the App after the changes take effect, you agree to be bound by the updated Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law: These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles.

13.2 Dispute Resolution: Any disputes arising under these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Before initiating arbitration, the parties agree to attempt in good faith to resolve the dispute through informal negotiations or mediation. The arbitration will take place in the State of Delaware, USA, and the decision of the arbitrator will be final and binding. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction.

14. Termination

You may terminate your account at any time by contacting us at support@getemma.io. Upon termination, your right to access and use the App will cease. We may also terminate your account if you breach any of these Terms.

15. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at:

AHM Technology, LLC
221 N. Broad St Suite 3A Middletown Delaware 19709 United States
Email: support@getemma.io