Last updated: October 11, 2021
Please read these terms and conditions carefully before using Our
Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Emmerse
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: British Columbia, Canada
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Emmerse Media Inc., 106-1823 East 11th Ave Vancouver, BC V5N 1Y9.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Service refers to the Application.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this
Service and the agreement that operates between You and the
Company. These Terms and Conditions set out the rights and
obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your
acceptance of and compliance with these Terms and Conditions.
These Terms and Conditions apply to all visitors, users and others
who access or use the Service.
By accessing or using the Service You agree to be bound by these
Terms and Conditions. If You disagree with any part of these Terms
and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does
not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your
acceptance of and compliance with the Privacy Policy of the
Company. Our Privacy Policy describes Our policies and procedures
on the collection, use and disclosure of Your personal information
when You use the Application or the Website and tells You about
Your privacy rights and how the law protects You. Please read Our
Privacy Policy carefully before using Our Service.
Subscription period
The Service or some parts of the Service are available only with a
paid Subscription. You will be billed in advance on a recurring
and periodic basis (such as daily, weekly, monthly or annually),
depending on the type of Subscription plan you select when
purchasing the Subscription.
At the end of each period, Your Subscription will automatically
renew under the exact same conditions unless You cancel it or the
Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your
Account settings page or by contacting the Company. You will not
receive a refund for the fees You already paid for Your current
Subscription period and You will be able to access the Service
until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing
information including full name, address, state, zip code,
telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company
will issue an electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the full payment
corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify
the Subscription fees. Any Subscription fee change will become
effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any
change in Subscription fees to give You an opportunity to
terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee
change comes into effect constitutes Your agreement to pay the
modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are
non-refundable. Certain refund requests for Subscriptions may be
considered by the Company on a case-by-case basis and granted at
the sole discretion of the Company.
Free Trial
The Company may, at its sole discretion, offer a Subscription with
a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to
sign up for the Free Trial. If You do enter Your billing
information when signing up for a Free Trial, You will not be
charged by the Company until the Free Trial has expired. On the
last day of the Free Trial period, unless You cancelled Your
Subscription, You will be automatically charged the applicable
Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to
(i) modify the terms and conditions of the Free Trial offer, or
(ii) cancel such Free Trial offer.
User Accounts
When You create an account with Us, You must provide Us
information that is accurate, complete, and current at all times.
Failure to do so constitutes a breach of the Terms, which may
result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to
access the Service and for any activities or actions under Your
password, whether Your password is with Our Service or a
Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You
must notify Us immediately upon becoming aware of any breach of
security or unauthorized use of Your account.
You may not use as a username the name of another person or entity
or that is not lawfully available for use, a name or trademark
that is subject to any rights of another person or entity other
than You without appropriate authorization, or a name that is
otherwise offensive, vulgar or obscene.
Links to Other Websites
Our Service may contain links to third-party web sites or services
that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third
party web sites or services. You further acknowledge and agree
that the Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with the use of or reliance on any such
content, goods or services available on or through any such web
sites or services.
We strongly advise You to read the terms and conditions and
privacy policies of any third-party web sites or services that You
visit.
Termination
We may terminate or suspend Your Account immediately, without
prior notice or liability, for any reason whatsoever, including
without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease
immediately. If You wish to terminate Your Account, You may simply
discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire
liability of the Company and any of its suppliers under any
provision of this Terms and Your exclusive remedy for all of the
foregoing shall be limited to the amount actually paid by You
through the Service or 100 USD if You haven't purchased anything
through the Service.
To the maximum extent permitted by applicable law, in no event
shall the Company or its suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of profits, loss
of data or other information, for business interruption, for
personal injury, loss of privacy arising out of or in any way
related to the use of or inability to use the Service, third-party
software and/or third-party hardware used with the Service, or
otherwise in connection with any provision of this Terms), even if
the Company or any supplier has been advised of the possibility of
such damages and even if the remedy fails of its essential
purpose. Some states do not allow the exclusion of implied
warranties or limitation of liability for incidental or
consequential damages, which means that some of the above
limitations may not apply. In these states, each party's liability
will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with
all faults and defects without warranty of any kind. To the
maximum extent permitted under applicable law, the Company, on its
own behalf and on behalf of its Affiliates and its and their
respective licensors and service providers, expressly disclaims
all warranties, whether express, implied, statutory or otherwise,
with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of
dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, the Company provides no warranty or
undertaking, and makes no representation of any kind that the
Service will meet Your requirements, achieve any intended results,
be compatible or work with any other software, applications,
systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any
errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the
company's provider makes any representation or warranty of any
kind, express or implied: (i) as to the operation or availability
of the Service, or the information, content, and materials or
products included thereon; (ii) that the Service will be
uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided
through the Service; or (iv) that the Service, its servers, the
content, or e-mails sent from or on behalf of the Company are free
of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful components. Some jurisdictions do not allow the
exclusion of certain types of warranties or limitations on
applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to You. But in such
a case the exclusions and limitations set forth in this section
shall be applied to the greatest extent enforceable under
applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules,
shall govern this Terms and Your use of the Service. Your use of
the Application may also be subject to other local, state,
national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to
first try to resolve the dispute informally by contacting the
Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any
mandatory provisions of the law of the country in which you are
resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a
"Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a
country that is subject to the United States government embargo,
or that has been designated by the United States government as a
"terrorist supporting" country, and (ii) You are not listed on any
United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or
invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will
continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to
require performance of an obligation under this Terms shall not
effect a party's ability to exercise such right or require such
performance at any time thereafter nor shall be the waiver of a
breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have
made them available to You on our Service. You agree that the
original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace
these Terms at any time. If a revision is material We will make
reasonable efforts to provide at least 30 days' notice prior to
any new terms taking effect. What constitutes a material change
will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions
become effective, You agree to be bound by the revised terms. If
You do not agree to the new terms, in whole or in part, please
stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You
can contact us: By email: hello@emmerse.app