Terms of Service

A. Introduction and Scope

Welcome to Emry, your private AI powered support companion. These Terms of Service ("Terms") explain how Emry works and what you agree to when you use the Emry mobile application, website, content, features, and services (collectively, the "Services").

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

Emry is designed for individual personal use. It is not intended for use by clinics, health services, or institutions.

B. What Emry Is and Is Not

What Emry Is

Emry is a private, AI powered support tool designed to help individuals manage gambling urges and stay in control. It offers in the moment guidance and reflective tools to support behavioural change, motivation, and emotional regulation.

Features include:

• A conversational AI chat companion trained to support you through gambling urges
• My Why: a space to upload photos, videos, or voice notes representing your reasons for staying in control
• Goal tracking and daily check ins
• Journaling prompts and tools to log urges, emotions, and progress

These features are designed to provide support in everyday moments where gambling feels hard to manage.

What Emry Is Not

Emry is not a medical, clinical, or therapeutic service. It is not:

• A substitute for therapy, diagnosis, treatment, or mental health care
• A crisis tool or emergency support service
• Appropriate for managing severe mental health conditions, addiction treatment plans, or suicidal thoughts
• A tool that can understand, diagnose, or predict risk for any specific mental health condition, behavioural issue, or medical state. It does not have clinical awareness and cannot detect crisis situations or assess your personal safety.

Emry cannot provide professional advice, intervene in emergencies, or replace human care. If you are struggling with serious mental health issues or gambling harm, we encourage you to seek support from a licensed professional or a recognised service provider.

Emry is intended to support general wellbeing and behaviour change. It is not a substitute for healthcare, and should not be used to make medical or mental health decisions. Any information or support provided through Emry is for general support purposes only and is not a form of clinical or medical advice.

Using Emry does not create a therapist-client, doctor-patient, or any other form of 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 app, you confirm that you meet this age requirement.

Emry is intended for personal use and is made available globally, subject to local laws. If you choose to access or use Emry from a location outside Australia, you do so at your own initiative and are responsible for ensuring that your use complies with all applicable laws and regulations 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 service in certain locations if required by law.

If we discover that you have misrepresented your age, identity, or eligibility in order to access the service, we may suspend or permanently deactivate your account.

Account Creation and Responsibilities

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

• Provide accurate, current, and complete information about yourself
• Maintain and promptly update your information if it changes
• Keep your login credentials secure and confidential
• Accept full responsibility for all activity that occurs under your account

You agree not to share your account with anyone else or use another person’s account. You are solely responsible for any loss or damage resulting from your failure to maintain the confidentiality of your login information.

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

We may suspend, deactivate, or terminate your account at our sole discretion if we believe you have violated these Terms, misused the app, or engaged in conduct that may harm others or the service.

D. AI Technology Disclosures

AI-Powered Chat Disclosure

Emry’s chat experience is powered by artificial intelligence, specifically OpenAI’s ChatGPT-5. This means you are interacting with a computer-generated system, not a real person.

While Emry has been designed to be supportive, calming, and emotionally intelligent, it is not a human support worker, therapist, or clinician. The responses you receive are generated by AI and are not monitored, reviewed, or guided by licensed professionals.

The AI may sometimes generate content that is inaccurate, outdated, incomplete, or not relevant to your specific situation. It is important that you do not rely on Emry for advice that would typically be provided by a doctor, psychologist, financial advisor, or other qualified professional.

Limitations of AI Support

Like all AI systems, Emry has important limitations:

• The chat may occasionally “hallucinate” or respond with incorrect or misleading information
• It cannot fully understand complex emotional, medical, or personal contexts
• It cannot tell when you are in crisis or at risk
• It cannot provide clinical diagnosis, medical treatment, therapy, or personalised professional advice
• It is not suitable for individuals experiencing severe mental health issues or needing urgent support

There is no live human monitoring of any conversations within Emry. The system operates automatically and responses are generated by AI only.

You should never delay seeking professional care or disregard medical or mental health advice because of something you read or received through Emry. If you are struggling with gambling, mental health issues, or emotional distress, we encourage you to speak with a licensed professional or access a relevant support service in your area.

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 your personal data.

By using Emry, you consent to the collection and use of your information as described in our Privacy Policy. This includes any data you enter into the app, such as responses in chat, goal tracking, uploaded media or journal entries.

Emry uses secure systems to store your data and implements safeguards to help protect your information. While we take reasonable steps to protect your data, no system is completely secure. You use the app at your own risk.

We may use aggregated, anonymised data to improve Emry’s features and performance. We do not sell your personal information. Your conversations and interactions with the AI may be stored securely and used in anonymised form to train and improve the service. No human reviews your messages in real-time.

User Generated Content

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

You retain ownership of any User Content you upload. By uploading content to Emry, you grant us a limited, non exclusive, royalty free, worldwide licence to store, process, display and use your content as needed to operate and improve the app and its features. This licence is for the purpose of delivering the Emry experience to you. We do not publish or share your private content without your permission.

You agree not to upload, share or create any content through Emry that is unlawful, abusive, threatening, defamatory, obscene or otherwise harmful to others. We reserve the right to remove or disable access to any content that violates these Terms or is reported to us as inappropriate.

If you delete your account, your personal content will be deleted from our active systems in accordance with our Privacy Policy. Some non identifiable data may be retained for legal or analytical purposes.

F. Subscriptions and Payments

Subscription and Billing

Emry is offered as a paid monthly subscription. Access to certain features or continued use of the service requires an active paid plan.

Subscriptions are billed through the Apple App Store or Google Play Store, depending on your device. When you subscribe, your payment method will be charged the applicable monthly fee at the start of each billing cycle. Your subscription will automatically renew each month unless you cancel at least twenty four hours before the end of the current billing period.

You can manage or cancel your subscription at any time through your device settings:

• For Apple devices: use your Apple ID account settings
• For Android devices: use your Google Play account settings

We do not process payments or cancellations directly through Emry. All billing matters are handled by the App Store or Google Play.

Refunds

As Emry subscriptions are managed through the App Store and Google Play, any requests for refunds must be submitted through the relevant store.

We comply with Australian Consumer Law. If you believe you are entitled to a refund due to a fault with the app or service, or it was not delivered as promised, please contact us at support@emry.app and we will work with you to ensure your rights are upheld.

G. Acceptable Use and Restrictions

Acceptable Use Policy

When using Emry, you agree to act responsibly and respectfully. You must only use the service for its intended purpose: to support your personal efforts in managing gambling urges in a safe and lawful way.

You agree not to do any of the following:

• Use Emry for any unlawful, harmful, abusive, harassing, defamatory, obscene or threatening purpose
• Upload, share or create content that promotes violence, self harm, hate speech, or discrimination of any kind
• Attempt to access or tamper with systems you are not authorised to use
• Scrape, copy, extract, or collect data from Emry or its users using automated tools, bots or scripts
• Reproduce, redistribute, sell, license, rent or commercially exploit Emry or any part of its service without our permission
• Use the service in a way that could damage, disable, overload or impair Emry or interfere with others’ use
• Misrepresent your identity or impersonate another person
• Attempt to bypass technical restrictions, abuse access, or reverse engineer any aspect of the app
• Use Emry for research, testing, or machine learning model training without our express written consent

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

User Conduct Responsibilities

You are responsible for how you use Emry and how you interact with its features. This includes:

• Using the app in good faith, for your personal wellbeing
• Treating the AI support experience respectfully
• Not using prompts that attempt to exploit or bypass safety filters in the AI
• Keeping your device and account credentials secure
• Ensuring any content you upload complies with these Terms and does not violate the rights of others

We reserve the right to suspend, restrict or permanently disable your access to Emry if we believe you have violated these Terms, engaged in inappropriate or harmful use, or created risk for others.

If you believe someone is misusing the service or violating these guidelines, please report it to 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 of any kind, express or implied, regarding the app or its services.

We do not guarantee that:

• Emry will always be available, uninterrupted or free of errors
• The guidance provided by Emry will be accurate, complete, up to date or suitable for your specific needs
• The service will be free from harmful code, bugs or technical issues
• The app will meet your expectations or result in any particular outcome

Emry is not a medical, therapeutic or clinical tool. It does not provide professional advice, diagnosis, treatment or crisis support. Nothing within the app should be relied on as a substitute for help from a licensed professional.

While Emry incorporates principles inspired by evidence-based approaches such as Cognitive Behavioural Therapy (CBT), Motivational Interviewing (MI), and Just-in-Time Adaptive Interventions, it does not provide formal CBT, therapeutic treatment, or any licensed clinical intervention. Emry is not delivered by a clinician and cannot replicate the personalised, diagnostic, or therapeutic outcomes of a professional mental health service.

The responses provided by Emry are generated by artificial intelligence and are not reviewed or moderated by humans. The AI may occasionally generate inaccurate, irrelevant or misleading responses. You are solely responsible for how you choose to use or act on any information received through the app.

We disclaim all warranties and guarantees to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement.

Limitation of Liability

To the extent permitted by law, Emry and its creators, developers, team members, affiliates and partners will not be liable for any damages or losses arising from your use of the app or its services. This includes, but is not limited to:

• Direct, indirect, incidental, special or consequential damages
• Loss of data, personal content or access
• Emotional distress, mental harm or missed opportunities
• Damage resulting from inaccurate, incomplete or inappropriate responses
• Harm caused by misuse, technical issues or service outages

If we are found liable for any reason, our total liability to you will be capped at:

• The total amount you paid to us for the service in the twelve months before the claim, or
• One hundred Australian dollars (AUD $100),
• whichever amount is greater.

Nothing in these Terms excludes, restricts or modifies your rights under the Australian Consumer Law or any other applicable legislation that cannot be excluded.

Indemnity

You agree to indemnify, defend and hold harmless Emry, its directors, officers, employees, partners and agents from any and all claims, liabilities, damages, losses, costs, or expenses (including legal fees) that arise from or relate to:

• Your use or misuse of Emry
• Any content you upload or share through the app
• Your breach of these Terms
• Your violation of any applicable law or third-party rights

This indemnity continues even after you stop using Emry or delete your account.

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.