Terms of Service

A. Introduction and Scope

Welcome to Emry. These Terms of Service ("Terms") explain how Emry works and the rules that apply when you use the Emry mobile application, website, features, content, and related services (collectively, the "Services").

By accessing or using Emry, including downloading or using the mobile app, visiting our website, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

Emry is intended for personal, non-commercial use by adults. It is not intended for use by clinics, healthcare providers, institutions, or organisations.

B. What Emry Is and Is Not

What Emry Is

Emry is a private AI-powered conversation and reflection app for adults who want a private space for AI-generated conversation and personal reflection.

Users may choose to discuss gambling-related thoughts or experiences, save personal notes and journal entries, store photos, videos, and voice notes, create personal reminders, and access links to external third-party resources.

Features may include:

• AI-generated conversational responses
• Personal notes and journal entries
• Uploaded photos, videos, and voice notes
• Optional reminders and user-created content
• Links to external third-party resources

Emry is intended for general conversation, reflection, and personal use only.

What Emry Is Not

Emry is not a medical, therapeutic, clinical, counselling, crisis, or healthcare service.

• A substitute for therapy, counselling, diagnosis, treatment, or mental healthcare
• A crisis intervention or emergency support service
• A medical device
• A tool intended to diagnose, prevent, monitor, manage, or treat any medical, mental health, behavioural, or addiction-related condition
• A system capable of assessing personal safety, emotional state, gambling risk, or crisis situations

Emry cannot provide professional advice, intervene in emergencies, or replace qualified professional services.

If you need professional assistance, contact a qualified professional or relevant external service.

Using Emry does not create a doctor-patient, therapist-client, counsellor-client, fiduciary, or other professional relationship.

C. Eligibility and Account Use

Who Can Use Emry

To use Emry, you must be at least 18 years old. By using the Services, you confirm that you meet this age requirement.

Emry is intended for personal use and may be accessed from different locations, subject to local laws. If you choose to access or use Emry from outside Australia, you are responsible for ensuring that your use complies with applicable laws in your jurisdiction.

We do not represent that Emry is appropriate, available, or legally compliant in all countries or regions. We may restrict access to the Services in certain locations if required by law.

If we discover that you have misrepresented your age, identity, or eligibility, we may suspend or deactivate your account.

Account Creation and Responsibilities

To access certain features, you may be required to create an account. When doing so, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information where necessary
• Keep your login credentials secure and confidential
• Maintain responsibility for activity under your account

You must not share your account with anyone else or use another person’s account.

If you suspect your account has been compromised or accessed without permission, contact us immediately at support@emry.app.

We may suspend, restrict, or terminate your account if we believe you have violated these Terms, misused the Services, or created risk for Emry, other users, or third parties.

D. AI Technology Disclosures

AI-Generated Responses

Emry uses artificial intelligence to generate responses. You are interacting with a computer-generated system, not a human.

AI-generated responses may be inaccurate, incomplete, outdated, inappropriate, irrelevant to your circumstances, or contain errors or misleading information.

Emry does not have human judgment, clinical judgment, or professional judgment.

Limitations of the AI System

Like all AI systems, Emry has important limitations.

• Responses may occasionally contain inaccurate or misleading information
• The system cannot fully understand personal, emotional, medical, legal, or financial circumstances
• The system cannot reliably determine whether a person is in crisis, at risk, or requires urgent support
• The system cannot provide diagnosis, treatment, therapy, clinical care, or personalised professional advice
• The Services are not intended for emergency or crisis use

No human reviews your conversations in real time. Responses are generated automatically by AI systems.

You should not rely on Emry for medical, mental health, financial, legal, crisis, or professional advice. If you need professional assistance, contact a qualified professional or relevant external service.

E. Privacy, Data and Content

Privacy and Data Handling

Your privacy matters to us. Please review our Privacy Policy to understand how we collect, use, store, and protect information.

By using Emry, you consent to the collection and handling of information as described in our Privacy Policy. This may include information you provide through conversations, notes, uploaded media, reminders, goals, or journal entries.

We use reasonable safeguards intended to protect information and maintain the security of the Services. However, no system or method of electronic storage or transmission is completely secure.

We do not sell your personal information. User conversations, uploaded content, and personal materials are not used to train AI models. Some information may be processed by third-party service providers, including AI providers, solely for the purpose of operating the Services and generating responses.

User Generated Content

Some features allow you to upload or create content including photos, videos, voice notes, text entries, or other materials ("User Content").

You retain ownership of your User Content. By uploading content to Emry, you grant us a limited, non-exclusive, royalty-free licence to store, process, display, and use that content solely as needed to operate, maintain, and provide the Services to you.

You must not upload, share, or create content that is unlawful, abusive, threatening, defamatory, obscene, discriminatory, or otherwise harmful.

If you delete your account, your User Content may be deleted in accordance with our Privacy Policy. Some non-identifiable or legally required information may be retained where permitted or required by law.

F. Subscriptions and Payments

Subscription and Billing

Emry may offer paid subscriptions or paid features. Access to certain features or continued use of parts of the Services may require an active paid subscription.

Subscriptions are billed through the Apple App Store or Google Play Store, depending on your device. By subscribing, you authorise the applicable platform to charge the relevant fees to your selected payment method.

Subscriptions may automatically renew unless cancelled before the end of the applicable billing period.

You can manage or cancel subscriptions through your Apple ID or Google Play account settings.

We do not directly process payments or cancellations through Emry. Billing and subscription management are handled by the applicable platform provider.

Refunds

Refund requests are generally handled through the Apple App Store or Google Play Store, subject to their policies and applicable law.

Nothing in these Terms limits any rights you may have under applicable consumer protection laws, including the Australian Consumer Law. If you believe you are entitled to a refund or other remedy under applicable law, contact us at support@emry.app.

G. Acceptable Use and Restrictions

Acceptable Use

You agree to use Emry lawfully, responsibly, and only for personal, non-commercial use.

You must not:

• Use Emry for unlawful, harmful, abusive, harassing, discriminatory, defamatory, obscene, or threatening purposes
• Upload content that promotes violence, self-harm, hate speech, discrimination, or illegal activity
• Attempt to gain unauthorised access to systems or infrastructure
• Scrape, extract, copy, or collect information using automated means including bots or scripts
• Reproduce, redistribute, sell, license, rent, or commercially exploit the Services without permission
• Interfere with the operation, stability, or security of the Services
• Misrepresent your identity or impersonate another person
• Attempt to bypass technical restrictions or reverse engineer any part of the Services
• Use the Services for research, testing, or AI or machine learning model training without written permission

You may only access Emry through authorised channels such as the official app or website and must comply with applicable laws and regulations.

User Responsibilities

You are responsible for how you use Emry and interact with the Services. This includes:

• Using the Services lawfully and responsibly
• Not attempting to exploit, manipulate, or bypass AI safety measures or system restrictions
• Keeping your device and account credentials secure
• Ensuring content you upload complies with these Terms and does not violate the rights of others

We may suspend, restrict, or terminate access to the Services if we believe you have violated these Terms, misused the Services, or created risk for Emry, other users, or third parties.

If you believe the Services are being misused, contact us at support@emry.app.

H. Warranties, Liability and Disclaimers

Disclaimer of Warranties

Emry is provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, we make no warranties, representations, or guarantees regarding the availability, reliability, accuracy, completeness, suitability, or performance of the Services.

We do not guarantee that:

• The Services will always be available, uninterrupted, or free from errors
• AI-generated responses will be accurate, complete, appropriate, or suitable for your circumstances
• The Services will be free from bugs, vulnerabilities, or harmful components
• The Services will meet your expectations or achieve any particular outcome

Emry does not provide therapy, counselling, healthcare, clinical intervention, diagnosis, treatment, or crisis support.

AI-generated responses may be inaccurate, irrelevant, incomplete, or misleading. You are responsible for how you choose to interpret or use information provided through the Services.

To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.

Limitation of Liability

To the fullest extent permitted by law, Emry and its affiliates, directors, employees, contractors, and partners are not liable for indirect, incidental, special, consequential, or exemplary damages arising from or relating to your use of the Services.

This includes loss of data, loss of access, emotional distress, reputational harm, lost opportunities, or losses arising from inaccurate or inappropriate AI-generated responses.

Where liability cannot be excluded, our total aggregate liability is limited to the greater of:

• The total amount paid by you for the Services in the 12 months before the claim arose
• $100 AUD

Nothing in these Terms excludes rights that cannot lawfully be excluded under applicable law, including the Australian Consumer Law.

Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Emry, its affiliates, directors, employees, contractors, and partners from claims, losses, liabilities, and expenses arising from:

• Your misuse of the Services
• Your violation of these Terms
• Your violation of applicable law
• Content you upload, create, or share through the Services

This indemnity survives termination of your use of the Services.

I. Termination, Changes and Disputes

Termination

You may stop using Emry at any time by deleting the app or cancelling your subscription through your device’s App Store or Google Play settings. You may also contact us at support@emry.app to request permanent account deletion.

We may suspend or terminate your access to Emry at any time if:

• You violate these Terms
• You misuse the app or use it in a way that causes harm to others or to Emry
• Required by law or by a legal authority
• The app is discontinued

If your access is terminated, your personal data and content may be deleted in line with our Privacy Policy. Some anonymised or non-identifiable usage data may be retained for legal, technical or analytical purposes, as permitted by law.

Refunds for unused portions of a subscription are not provided by Emry directly. If you believe you are eligible for a refund, please contact Apple or Google Play through your device settings, subject to their respective refund policies.

We comply with Australian Consumer Law and will ensure your statutory rights are respected. If you believe a refund is required due to a fault or service failure, contact us and we will assist you.

Changes to the Terms

We may update these Terms from time to time. When we do, we will:

• Update the "Effective Date" at the top of the document
• Make the new version available on our website and in the app
• Notify you if the changes are material, where required by law

Your continued use of Emry after changes have been made means you accept the updated Terms. If you do not agree with any future changes, you must stop using the app and cancel your subscription.

We encourage you to review the Terms regularly to stay informed of any updates.

Governing Law and Disputes

These Terms are governed by the laws of New South Wales, Australia, without regard to any conflict of laws principles.

If a dispute arises, we encourage you to contact us directly at support@emry.app so we can try to resolve the issue informally.

If a formal dispute proceeds, you agree that:

• The dispute will be handled exclusively by the courts of New South Wales, Australia
• You submit to the personal and exclusive jurisdiction of those courts
• Any claim must be brought by you individually, and not as part of a class action
• Nothing in this section limits your rights under Australian Consumer Law or any law that applies to you and cannot be excluded.

J. App Platform Terms

Emry is available for download through the Apple App Store and the Google Play Store. By installing and using the app, you also agree to comply with the respective terms and conditions of those platforms.

Third-Party Terms

Apple Inc. and Google LLC (and their subsidiaries) are not responsible for the operation of Emry and do not provide any support for the app. However, they are considered third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple or Google shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

You acknowledge that:

• These Terms are between you and Emry, not Apple or Google
• Emry, not Apple or Google, is solely responsible for the app and its content
• Emry is responsible for addressing any issues, complaints or claims related to the app (including product liability, legal compliance, and consumer protection)
• Your use of the app must comply with the usage rules set by Apple’s App Store or Google Play

In the case of any failure of the Emry app to comply with an applicable warranty, you may notify Apple or Google, and they may refund the purchase price to you (if applicable). To the maximum extent permitted by law, Apple and Google will have no further obligation with respect to any warranty claim.

You must also ensure that:

• You are not located in a country subject to a government embargo or designated as a “terrorist supporting” country
• You are not on any government list of prohibited or restricted parties

For more information, please refer to:

• Apple Media Services Terms and Conditions
• Google Play Terms of Service

K. General Legal Terms

Entire Agreement

These Terms of Service, together with our Privacy Policy, form the entire agreement between you and Emry regarding your use of the app and related services. They replace any prior written or verbal understandings, communications or agreements relating to the same subject matter. No other representations, promises or communications will be binding unless they are in writing and formally agreed to by Emry.

Severability

If any part of these Terms is found to be unlawful, invalid or unenforceable under applicable law, that portion will be removed or limited as required, and the remaining provisions will continue in full force and effect.

No Waiver

If we do not enforce any part of these Terms at any time, it does not mean we are waiving our right to enforce it later. Any waiver must be in writing and explicitly agreed to by Emry.

Assignment

You may not assign, transfer or delegate your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a third party as part of a reorganisation, sale, merger or transfer of the service.

Force Majeure

We are not responsible for any delay or failure to perform resulting from causes outside our reasonable control, including natural disasters, internet outages, government restrictions or other unforeseen events.

Contact Information

If you have any questions about these Terms or need support, you can contact us at: support@emry.app

We aim to respond as promptly as possible, but please note that our support team is not a crisis service or clinical provider.