Welcome to Eemerse

These General Terms and Conditions (“Terms and Conditions”) govern your use of the Eemerse app (the “App”) and the services offered therein (the “Services”). By accessing or using the App or Services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the App or Services.

1. Definitions

In these Terms and Conditions, the following terms have the following meanings:

“Eemerse” means Eemerse or Eemerse.com as a Trading Name of Eemerse LTD.

“User” means any individual or entity that accesses or uses the App and its Services. 

“Moment” or “Service” means any AR message exchanged through the Eemerse app, such as, but not limited to, Birthday and Christmas cards.

“Sender” and “Receiver”, means any individual who either sendsor receive a personalised message (Moment)

2. User Registration and Accounts

2.1. Users may register on Eemerse and may be required are required to provide necessary information for the purpose of using the Services.

2.2. Users are responsible for the safekeeping of their passwords and email addresses and must not share them with anyone.

2.4. Eemerse may suspend or terminate a user’s account for any violation of these Terms and Conditions.

3. User Conduct and Content

3.1. Users are prohibited from engaging in any behavior that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

3.2. Users are prohibited from uploading, posting, transmitting, or otherwise making available any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

3.3. Users are prohibited from using the App or Services for any commercial purpose without the prior written consent of Eemerse.

3.4 Any infringment of 3.1, 3.2, 3.3 will result in immediate ban from the Services, and it extends for all Users.

4. Intellectual Property and User Submissions

4.1. Users retain full legal responsibility and intellectual property rights to the images, audio and descriptions of Moments that they upload to the App. However the User grants Eemerse legal permission (known as “License”) to use images, audio or descriptions. This “license” of using data uploaded but the User is solely for the purpose of providing our Service.

4.2. Eemerse retains intellectual property rights to all other content on the App, including but not limited to text, images, graphics, logos, and designs.

4.3. Users may not copy, modify, distribute, transmit, or otherwise make available any content from the App without the prior written consent of Eemerse or the relevant copyright owner.

4.4. Copyright infringements are not tolerated and can result in suspension or termination of a user account.

5. Disclaimer of Warranties and Liability

5.1 Eemerse acts as a platform for AR message exchange and is not responsible for the actions of Users.

5.2. Eemerse does not make any warranties, express or implied, with respect to the Moments exchanged on the App.

5.3. Eemerse is not liable for any damages, direct or indirect, arising from the use of the App or Services.

5.4. Users are responsible for ensuring that the Moments they share are suitable for their intended use.

6. Dispute Resolution

In the event of any disputes arising from the use of Eemerse, Users are encouraged to seek resolution directly. Users will be granted 48 hours to respond and initiate a resolution. Users may escalate any matter to Eemerse by contacting us at info@eemerse.com. Eemerse will then review the dispute and work towards a fair resolution. If a resolution is not reached through the platform, Users retain the right to pursue legal recourse through applicable legal channels. Eemerse is not responsible for any legal actions taken by Users outside the platform.

7.Account Termination

Eemerse retains the unequivocal right to suspend or terminate user accounts for violations, such as fraudulent activities or misuse of the platform. Examples include deceptive practices or actions deemed detrimental to the community or Eemerse’s integrity. Termination decisions are made by the platform’s commitment to maintaining a secure and ethical environment.

8. Data Security and Privacy

Eemerse places a paramount emphasis on safeguarding user data. All personal information collected, including names, addresses, and emails, is handled with the utmost care and in strict compliance with applicable privacy laws. Rigorous measures are in place to secure, store, and protect user data. Eemerse commits to maintaining a high standard of confidentiality, ensuring users can trust that their sensitive information is treated responsibly. This commitment extends to transparently communicating data handling practices and offering users control over their privacy preferences. Eemerse’s dedication to data security is integral to fostering a secure and trustworthy online environment for its users.

9. Indemnification

Users unequivocally agree to indemnify and hold Eemerse harmless from any claims, losses, or damages arising from their use of the app. By accepting these terms, users assume responsibility for any legal consequences resulting from their actions on Eemerse, safeguarding the platform against liabilities. This provision underscores the importance of users acknowledging and mitigating potential risks, fostering a community where all participants contribute to a secure and trustworthy online marketplace.

10. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. This provision ensures that if any aspect of the agreement is deemed legally unsustainable, the overall integrity and enforceability of the remaining terms remain unaffected, fostering continued adherence to a legally sound and comprehensive user agreement.

11. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

12. Changes to Terms and Conditions

Eemerse reserves the right to modify these Terms and Conditions at any time without prior notice. Users are responsible for regularly reviewing these Terms and Conditions to ensure that they are aware of the current terms.

13. Contact Us

If you have any questions about these Terms and Conditions, please contact us at info@eemerse.com.