Terms of Service
If you do not agree to them, do not use the app or access the service from it.
1.Acceptance of Terms
The Friendi app developed by Emoto Labs, LLC, facilitates children with autism to connect with others to share similar interests. Friendi enables parents secure a forum by connecting with other parents to share insights, strategies, and experiences to build a community of support. Friendi’s match making technology facilitates parents to create a public profile of their child and communicate with other parents regarding details and specifics before planning a meeting. Families for Effective Autism Treatment is a built in forum within the Friendi platform that allows parents to share experiences, ideas, and questions with the greater community within a safe and secure communication network. Users can message each other within the app, and can create forum entries/comment on each other’s forum entries within the app. Users can also favorite each other’s forum entries. Users can submit feedback to Emoto Labs, LLC, via a “feedback” button within Friendi’s settings screen. Users can also rate Friendi on the app store.
Companies/Firms involved in providing products/services to individuals with special needs like autism or Down syndrome can also create accounts and business profiles on Friendi app, and post the products and services offered/sold by them. Business firms can also create events relevant to autism and post them along with photos to the feed post on Friendi. Parents and families can find such businesses through the app and view the business information, events. Parents can also communicate with the Business firms if the products/services provided by the businesses are of interest to them or their children, or they wish to participate in any event.
Friendi reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to User, and is not obligated to support or update the Service. The amended Terms and Conditions of this agreement shall be effective immediately after they are initially posted on the Site. User’s continued use of the Service after the posting of the amended Terms on the Site constitutes User’s affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that Emoto Labs, LLC, shall not be liable to User or any third party in the event that Emoto Labs, LLC, exercises its right to modify or discontinue all or part of the Service. You can view the most recent version of these Terms at any time here.
In order to access the services of Friendi, you can create an account by downloading Friendi from the apple or android app store and registering from within Friendi. You must submit valid identity proof, a valid email address; select e-mail username and password during the registration process. By electing to use these services, you agree to provide true, accurate, current, and complete information about yourself as prompted by registration form for the app (such information being the “Registration Data”), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of Friendi Services.
You agree to notify friendiapp immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account by any third party.
Friendi and friendiapp site may provide links to other websites. Please see the complete details about “Links” at:http://friendiapp.com/privacy.
- User Conduct/Lawful Use
User agrees that the use of Friendi is subject to all applicable International, National, Federal, state, and local laws and regulations. The User agrees to abide by these laws and is solely responsible for the content of its communications through the Service. User agrees to use Friendi for lawful purposes only.
Friendi does not monitor the contents uploaded by the users and depend on users flagging (reporting) content that breaches these Terms of Service. Users can flag other users and forum entries if a User is mis-using Friendi. Users can also block other Users. However, if you are found to be involved in any of the acts of using Friendi/Site/Service unlawfully, furnishing incorrect or inappropriate information/ details of products/services, or if it is brought to our notice by another User or any copyright owner, you will be advised to remove the content (“Materials”) immediately. Failure to immediately remove the content will result in a cancellation of your account and forfeiture of any fees paid. friendiapp also reserves the right to remove such prohibited material without warning or notification to the User.
If you encounter such prohibited material on the Site you waive your right to any damages related to such exposure. Such material should be immediately reported to firstname.lastname@example.org.
In case of any violation of these Terms Emoto Labs, LLC, reserves the right to seek all remedies available by law and in equity for such violations.
The Materials on this Site/Friendi are copyrighted and any unauthorized use of any such copyrighted Materials may violate copyright, trademark, and other laws. This is a license, not a transfer of title, and is subject to the following restrictions: you may not:
Modify, decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law;
Remove any copyright or other proprietary notices from the Materials;
You agree to prevent any unauthorized copying of the Materials.
Services “AS IS”
TO THE FULLEST EXTENT PERMITTED BY LAW, EMOTO LABS, LLC, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT FRIENDI AND THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EMOTO LABS, LLC, IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, HOME PAGE OR OTHER INTERACTIVE AREA, EVEN IF EMOTO LABS, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Emoto Labs, LLC, does not warrant, endorse, agree, guarantee, or assume responsibility for any beliefs, values, ideas, product or service advertised or offered by businesses, sponsors, individuals, registered with us or by a third party through the hyperlinked site or featured in any banner or other advertising.
Emoto Labs, LLC, further does not warrant that its service will be secure or uninterrupted; the information, links or other items contained within these Materials will be accurate and complete. Emoto Labs, LLC, may make changes to these Materials at any time. Emoto Labs, LLC, makes no commitment to update the Materials. No oral advice or written information given by Emoto Labs, LLC, its employees, licensors or the like will create a warranty; nor may you rely on any such information or advice.
- Limitation of Liability
As a condition of use of Friendi, and in consideration of the services provided by Emoto Labs, LLC, User agrees that neither Emoto Labs, LLC, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Emoto Labs, LLC, will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the use of Friendi, its Service, or Site Content.
EMOTO LABS, LLC, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF FRIENDI/OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM FRIENDI, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FRIENDI/ SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EMOTO LABS, LLC, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EMOTO LABS, LLC, HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO EMOTO LABS, LLC, IF ANY, FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
You agree to indemnify and hold Emoto Labs, LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable Lawyers’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Friendi/the Site, your use of Friendi/Service, your connection to Friendi/Service, your violation of the Terms, your intentional or negligent violations of any applicable laws or governmental regulation, your contractual relation with a third party, or your violation of any rights including but not limited to rights relating to patent or copyright of another.
- Fees and Payments
Unless otherwise stated, all fees/charges will not be refundable. In case of a Charge-back Request from our Merchant bank, we reserve the right to immediately interrupt the service provided to you until the Charge-back Request has been formally settled between Emoto Labs, LLC, and the Merchant Service Authority. This process may take more than a few weeks. If you are disputing any billing issues, Emoto Labs, LLC, encourages you to first contact it to resolve such issues to avoid having the service for your account be interrupted on notification of a Charge-back. Emoto Labs, LLC, maintains the right to reject any service to you while a Charge-back Notice is pending investigation by the Merchant Service Authority.
We’ll retain information you store on Friendi/Site for as long as we need it to provide you the Services. If you delete your account, we’ll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our Agreements.
- Proprietary Rights
These Terms do not transfer any right, title, or interest in Friendi, Service or the Site Content to User. Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use Friendi to the extent you have the right to access the service. Your right to use Friendi and access the service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to Friendi, including all related intellectual property rights. Friendi is protected by applicable intellectual property laws, including copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of Friendi; (b) rent, lease, or sublicense Friendi; nor (c) circumvent or disable any security or technological features or measures in Friendi. When you post Public Content/ Feedback, you hereby grant (or warrant that the owner of the Content grants) us a royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to you. By posting or providing Public Content, you represent and warrant that public posting and use of your Public Content by us will not infringe on or violate the rights of any third party.
If you download, print or display any Friendi/friendiapp Content for personal use, you must retain and you shall not cover or obscure all copyright and other proprietary notices. You may not use any metatags or other “hidden text” utilizing the Friendi name or trademarks or service marks without our express written consent. Any unauthorized use terminates the permission or license granted by Emoto Labs, LLC.
Through proper notification, Emoto Labs, LLC, will remove Submissions that infringe upon the intellectual property rights of another and reserves the right to remove Submissions without prior notice. Emoto Labs, LLC, assumes no responsibility for monitoring the Site. In the event it chooses to do so at its discretion, Emoto Labs, LLC, assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a User submitting inappropriate Submissions. At its sole discretion, Emoto Labs, LLC, may remove any Submission and/or terminate a User’s account for violating any of these Terms of Service at any time and without notice.
Emoto Labs, LLC, reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Site/App or violation of the Terms of Service.
You’re free to stop using Friendi and our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of Friendi/Services if you’re not complying with these Terms, or use Friendi in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We’ll of course provide you with notice via the email address associated with your account before we do so.
- Mobile Usage
Use of Friendi involves use of mobile features that allow you to access the Service from your mobile phone. Emoto Labs, LLC, does not charge for use of these features, but your mobile service provider may do so.
- Waiver, Severability & Assignment
Emoto Labs, LLC’s failure to enforce a provision at any time is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Emoto Labs, LLC, may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest, to continue the Services.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions.
- Governing Law
These Terms shall be governed by and construed in accordance with laws of California State, USA, without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction of the courts located in [Insert Place Name], California State.