top of page

EmoEx Mobile App and Web Service Terms of Use & User Agreement

Last Updated: 8 October 2026

​

Welcome to EmoEx

Welcome to EmoEx, owned and operated by EmoEx Technology Limited (Company Number 8758652, NZBN 9429051016629), a registered New Zealand company with its registered office at 14 Manawa Road, Remuera, Auckland 1050, New Zealand ("EmoEx", "we", "us", or "our").

EmoEx provides a holistic platform dedicated to supporting your journey toward improved emotional and physical wellbeing. Available as both a mobile application ("App") and a web-based service ("Website") (collectively, the "Services"), EmoEx leverages artificial intelligence (AI) to deliver interactive, reflective experiences designed to support mindfulness, emotional self-awareness, and personal wellness.

​

By accessing, downloading, registering for, or using the EmoEx App or Website, you agree to be bound by these Terms of Use ("Terms", which includes our User Agreement and Disclaimers). If you do not agree with any part of these Terms, you must not access or use our Services.

​

1. Eligibility and Age Requirement

By accessing or using EmoEx, you represent and warrant that:

  1. Age Requirement: You are at least eighteen (18) years of age. Our Services are designed and intended solely for adults aged 18 and older. If we determine or have reason to suspect that an account holder is under 18, we will immediately terminate the account and delete associated data.

  2. Legal Capacity: You possess the legal capacity to enter into these binding Terms under applicable laws in your jurisdiction.

  3. Accurate Details: All registration, profile, and account information you provide is accurate and current, and you will promptly update it if it changes.

  4. Lawful Use: Your access to and use of the Services complies with all applicable laws and regulations.

 

2. AI Technology, Transparency, and Limitations

  1. AI-Driven Interactions: You acknowledge that all conversational features, social companions, professional guidance companions, and voice agents across the Services are powered by artificial intelligence. You are interacting with an AI system, not a human being.

  2. AI-Generated Content: Dialogues, reflections, conversational summaries, insights, and Embellished Emotional Journal ("FeelLog") graphics are generated algorithmically.

  3. Accuracy and Limitations: Generative AI systems can produce outputs that are incomplete, unexpected, or factually inaccurate. You agree to evaluate AI-generated outputs critically and not to rely on them as factual determinations or expert opinions.

 

3. Non-Medical, Non-Clinical, and Ethical Disclaimer

  1. Not a Healthcare or Clinical Service: EmoEx is an interactive self-help and emotional well-being companion tool designed for educational and informational purposes. EmoEx does not provide medical advice, psychiatric evaluation, clinical psychological care, clinical interpretation, diagnosis, or therapy. None of the content, companion dialogues, or features provided through the Services should be construed as medical, mental health, psychiatric, or psychological treatment.

  2. Professional Guidance Companions: References to "Professional Guidance Companions" (such as AI personas modeled on wellness, coaching, or workplace support roles) are simulated AI personas intended strictly for general well-being support and self-reflection. Advice or feedback from these companions reflects general conversational guidance—akin to an informed peer—and does not constitute a doctor-patient, therapist-client, or any other professional fiduciary relationship.

  3. Personal Discretion: You are responsible for discerning the applicability of any insights obtained through the Services to your personal situation and for exercising independent judgment before acting upon any content or interaction.

  4. Crisis and Emergency Situations: EmoEx is not an emergency hotline or crisis management tool. If you are experiencing thoughts of self-harm, suicide, a severe psychological crisis, or any medical emergency, you must immediately contact your local emergency services (such as 111 in New Zealand, 999 in the UK, 911 in the United States/Canada, or 112 in the European Union) or contact a certified crisis helpline or qualified healthcare provider.

 

4. User Accounts and Security

  1. Account Registration: Access to core features requires creating a Member Account using your email address or an authorized third-party authentication service (such as Apple ID or Google Sign-In).

  2. Credential Confidentiality: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree not to disclose your password or grant account access to any third party.

  3. Device Security: You are responsible for restricting access to your personal devices, including configuring screen locks and device-level authentication passcodes.

  4. Breach Notification: You agree to notify EmoEx immediately at info@emoexai.com or tech@emoexai.com if you suspect any unauthorized access to or compromise of your account.

 

5. Memberships, Subscriptions, and In-App Purchases

  1. Membership Tiers:

    • Registered Members (Free): Includes access to conversational interactions with social companions, core well-being features, and the standard Embellished Emotional Journal (FeelLog).

    • Professional Guidance Subscriptions (Paid): Unlocks full access to our array of AI-powered Professional Guidance Companions, advanced conversational support, and premium journal enhancements.

  2. Pricing: Subscription pricing (e.g., starting at $39.99 NZD/month) is displayed at the time of purchase and includes applicable statutory taxes where required by law. EmoEx reserves the right to modify subscription fees upon reasonable advance notice.

  3. Payment Processors: All payments, billing cycles, and transactions are processed by third-party platforms, such as the Apple App Store or Google Play Store ("Payment Processors"), subject to their respective terms and conditions.

  4. Auto-Renewal & Cancellation: Subscriptions automatically renew for successive renewal periods equal to the original term unless cancelled prior to the renewal date. If purchased via an in-app purchase, you must cancel your subscription through your mobile platform’s subscription settings at least 24 hours before the current billing period ends.

  5. Refunds: Cancelling your subscription stops future recurring charges. You will retain access to paid features through the end of your current paid billing period, after which your account reverts to a Free Membership. Subscriptions managed via Apple or Google are subject to their respective refund policies.

  6. EmoEx Business Program: If you receive access to EmoEx through an employer or enterprise wellness program via an organization Access Code, your access is governed by the agreement between your employer/organization and EmoEx. Any individual paid subscriptions may be cancelled or adjusted pro-rata by contacting info@emoexai.com.

 

6. User Content, Model Training, and Privacy

  1. User Content: You retain ownership of all text, journal entries, mood records, and other materials you input into the Services ("User Content").

  2. Service License: You grant EmoEx a non-exclusive, worldwide, royalty-free, limited license to process, store, and transmit your User Content solely to the extent necessary to operate, maintain, and provide the Services to you.

  3. No AI Model Training on User Data: EmoEx does not collect, retain, or use your private conversations, voice recordings, transcripts, journal entries, or mood records to train, fine-tune, or improve proprietary or third-party commercial AI models.

  4. Data Deletion: You may request account deletion at any time through the App settings or by emailing privacy@emoexai.com. Upon account closure or verified deletion request, your user data is removed from view and permanently deleted in accordance with our Privacy Policy.

  5. Privacy Policy: Our data collection, handling, and security practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.

 

7. Acceptable Use and Prohibited Content

You agree to use EmoEx solely for personal, non-commercial wellness support in a lawful and ethical manner. You agree that you will not, and will not permit any third party to:

  1. Input Sensitive Personal Data: Enter, upload, or prompt the AI with sensitive personal information, including:

    • Government-issued identification numbers (e.g., passport numbers, driver's license numbers, social security numbers);

    • Payment card numbers, bank account numbers, or financial credentials;

    • Special category data under GDPR Article 9 (such as formal clinical health records, genetic data, racial or ethnic origin, religious beliefs, or sex life); or

    • Personal data of third parties without their documented consent.

  2. Harmful or Illegal Inputs: Input prompts or generate content that promotes self-harm, suicide, violence, harassment, sexual exploitation, hate speech, defamation, or illegal acts.

  3. System Abuse: Reverse engineer, decompile, scrape, crawl, probe, or disrupt the integrity or security of the App, Website, or underlying AI systems.

  4. Workplace Misuse: If accessing EmoEx via a workplace wellness program, use the platform to monitor, surveil, evaluate performance, or make employment-related decisions concerning colleagues or subordinates.

 

8. Intellectual Property Rights

  1. EmoEx IP: All rights, title, and interest in and to the App, Website, software, user interfaces, branding, logos, companion personas, system prompts, visual assets, and underlying algorithms remain the exclusive property of EmoEx Technology Limited and its licensors.

  2. Limited User License: EmoEx grants you a personal, non-exclusive, non-transferable, revocable license to access and use the App and Website on your personal devices solely for your personal, non-commercial use in accordance with these Terms.

 

9. Disclaimers, Limitation of Liability, and Indemnification

  1. "As-Is" Warranty: To the maximum extent permitted by applicable law, the Services, all companion interactions, and AI-generated outputs are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

  2. Limitation of Liability: To the maximum extent permitted by law, in no event shall EmoEx Technology Limited, its directors, officers, employees, or affiliates be liable for any indirect, incidental, special, punitive, consequential, or exemplary damages, including loss of profits, emotional distress, loss of data, personal injury, or reliance on AI outputs, arising out of or in connection with your use of or inability to use the Services, regardless of legal theory.

  3. Liability Cap: To the extent permitted by law, our total aggregate liability for any and all claims arising out of or related to these Terms or the Services shall not exceed the greater of: (a) the total amount paid by you to EmoEx in the twelve (12) months preceding the incident, or (b) fifty New Zealand Dollars ($50.00 NZD).

  4. Indemnification: You agree to defend, indemnify, and hold harmless EmoEx Technology Limited, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) resulting from: (a) your violation of these Terms; (b) your misuse of the Services or AI interactions; or (c) any activity conducted under your Member Account by you or any person accessing your account.

  5. Consumer Guarantees: Nothing in these Terms excludes, restricts, or modifies any non-excludable consumer rights or statutory guarantees provided under mandatory consumer laws in your jurisdiction (such as the New Zealand Consumer Guarantees Act 1993, the UK Consumer Rights Act 2015, or EU Consumer Rights Directives).

 

10. Termination and Suspension

  1. Termination by User: You may terminate your Member Account at any time by selecting the account deletion option within the App settings or by contacting privacy@emoexai.com.

  2. Termination or Suspension by EmoEx: We reserve the right to suspend or terminate your account and access to the Services immediately, with or without notice, if you breach any material provision of these Terms or our Acceptable Use standards, if we reasonably suspect fraudulent or unlawful conduct, or if we cease providing the Services in your jurisdiction.

 

11. Modifications to Services and Terms

  1. Modifications to Services: EmoEx reserves the right to update, modify, or discontinue any feature, companion persona, or aspect of the Services at its sole discretion to enhance user experience or comply with legal requirements.

  2. Modifications to Terms: We may update these Terms from time to time. When updates are published, we will revise the "Last Updated" date at the top of this page. For material changes, we will provide reasonable advance notice within the App or via your registered email. Your continued use of the Services following the effective date of updated Terms constitutes your acceptance of the changes.

 

12. Entire Agreement, Governing Law, and Dispute Resolution

  1. Entire Agreement: These Terms (incorporating our Privacy Policy) constitute the entire agreement between you and EmoEx Technology Limited regarding your use of the Services, superseding all prior or contemporaneous communications, understandings, and agreements, whether written or oral.

  2. Governing Law: These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles.

  3. Jurisdiction: Subject to applicable mandatory local consumer protection laws that entitle you to bring proceedings in your local courts, you agree to submit to the non-exclusive jurisdiction of the courts of Auckland, New Zealand.

 

13. Contact Information

If you have questions, feedback, or concerns regarding these Terms or our Services, please contact us:

 

(For details regarding our Data Protection Officer, European Union and United Kingdom Article 27 representatives, or supervisory authority inquiries, please consult our Privacy Policy.)

​

​

​

bottom of page