Introduction
These Terms of Service ("Terms") govern your access to and use of Emotionwave Inc.'s ("Emotionwave," "we," "our," or "us") emotion AI platform, including our website, APIs, SDKs, documentation, and related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services. If you are using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the authority to do so.
1. Acceptance of Terms
By creating an account, accessing our APIs, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Emotionwave.
2. Description of Service
2.1 Services Provided
Emotionwave provides emotion recognition and analysis technology that detects human emotions from facial expressions, voice patterns, and text. Our Services include:
- Real-time emotion detection APIs
- SDKs for Web, iOS, Android, and server-side integration
- Analytics dashboards and reporting tools
- Developer documentation and support
- On-device and cloud-based processing options
2.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
3. User Accounts
3.1 Account Registration
To use certain features of our Services, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
- Be responsible for all activities under your account
3.2 Account Eligibility
You must be at least 18 years old to create an account. By creating an account, you represent that you meet this age requirement.
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time if you violate these Terms or engage in fraudulent, abusive, or illegal activity.
4. Acceptable Use
You agree not to use the Services to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Transmit malware, viruses, or malicious code
- Attempt to gain unauthorized access to our systems
- Reverse engineer, decompile, or disassemble our technology
- Use the Services for surveillance without proper consent
- Scrape, crawl, or harvest data from the Services
- Resell or redistribute the Services without authorization
- Use the Services in a manner that could harm minors
- Deploy the Services for discriminatory or unethical purposes
5. API Usage and Rate Limits
5.1 API Keys
You will receive API keys to access our Services. You are responsible for keeping your API keys secure and must not share them publicly.
5.2 Rate Limits
Your use of the APIs is subject to rate limits based on your subscription plan. Exceeding rate limits may result in temporary throttling or suspension of access.
5.3 Fair Use
You agree to use the Services in a manner that does not place undue burden on our infrastructure or interfere with other users' access.
6. Intellectual Property
6.1 Our Intellectual Property
The Services, including all software, algorithms, models, documentation, and content, are owned by Emotionwave and protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.
6.2 Feedback
If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation.
7. User Content and Data
7.1 Your Data
You retain all rights to the data you submit to the Services ("User Data"). By using the Services, you grant us a limited license to process User Data solely to provide and improve the Services.
7.2 Data Privacy
Our collection and use of personal information is governed by our Privacy Policy. You are responsible for obtaining necessary consents from individuals whose data you process using our Services.
7.3 Data Security
While we implement industry-standard security measures, you acknowledge that no system is completely secure. You are responsible for implementing appropriate security measures on your end.
8. Third-Party Services
The Services may integrate with or link to third-party services. We are not responsible for the content, accuracy, or practices of third-party services. Your use of third-party services is subject to their respective terms and policies.
9. Fees and Payment
9.1 Subscription Plans
Access to certain features requires a paid subscription. Current pricing is available on our website and may change with 30 days' notice.
9.2 Payment Terms
- Fees are billed in advance on a monthly or annual basis
- All fees are non-refundable except as required by law
- You authorize us to charge your payment method automatically
- Failure to pay may result in suspension or termination of Services
- All fees are exclusive of applicable taxes
9.3 Free Tier
We offer a free tier with limited usage. Free tier access may be modified or terminated at any time.
10. Term and Termination
10.1 Term
These Terms remain in effect while you use the Services.
10.2 Termination by You
You may terminate your account at any time through your account settings or by contacting us.
10.3 Termination by Us
We may terminate or suspend your access immediately, without prior notice, if you breach these Terms.
10.4 Effect of Termination
Upon termination, your right to use the Services ceases immediately. We may delete your account and data in accordance with our data retention policies.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. EMOTION DETECTION RESULTS ARE PROBABILISTIC AND MAY NOT ALWAYS BE ACCURATE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMOTIONWAVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS; (C) ANY BUGS, VIRUSES, OR MALWARE TRANSMITTED THROUGH THE SERVICES; (D) ANY ERRORS OR OMISSIONS IN CONTENT OR DATA. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless Emotionwave, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) your User Data.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of law provisions.
14.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in Seoul, South Korea, except that either party may seek injunctive relief in court.
14.3 Class Action Waiver
You agree that disputes will be resolved on an individual basis and waive the right to participate in class actions or class arbitrations.
15. Export Compliance
You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to embargo and are not on any list of prohibited or restricted parties.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after changes constitutes acceptance of the modified Terms.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Emotionwave regarding the Services and supersede all prior agreements.
19. Contact Information
If you have questions about these Terms, please contact us: