Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between you and SocialMama, Inc. (dba EmaEQ) (“Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”), govern your access to and use of our mobile application referred to as “EmaEQ” (the “App” or “EmaEQ”) or any content, functionality, and services made available through EmaEQ (collectively, the “Services”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use EmaEQ. By clicking “I agree” when presented with these Terms of Use, or by otherwise accessing or using EmaEQ you accept and agree to be bound and abide by these Terms of Use, the Content Standards & Copyright Policy, and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, Content Standards & Copyright Policy or the Privacy Policy, you must not access or use EmaEQ.

Ema is offered and available directly to users from our platform who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using Ema, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Ema.

Medical Disclaimer

Ema’s AI is an artificial intelligence-based tool designed to provide information and support related to health topics. However, it is essential to recognize that Ema is not a substitute for professional medical advice, diagnosis, or treatment.

The information provided by the AI is intended for general informational purposes only. It may not cover all possible medical conditions, treatments, or scenarios. The AI is not designed to replace consultations with qualified healthcare professionals.

Always seek the advice of a licensed healthcare provider or qualified medical expert if you have questions or concerns about your health or any medical condition. Do not disregard or delay seeking medical advice based on information provided by the AI.

If you are experiencing a medical emergency or have urgent medical concerns, call emergency services or seek immediate medical attention from a qualified healthcare provider.

By using Ema, you acknowledge and agree to the terms of this medical disclaimer. If you do not agree with these terms, do not use Ema for medical purposes.

Always consult with a healthcare professional for specific medical advice and treatment tailored to your individual needs and circumstances. Reliance on any information provided by the AI is solely at your own risk.

Ema, the AI and its developers disclaim any liability for damages, losses, or adverse consequences arising from the use or misuse of the AI or reliance on the information it provides.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Ema. Your continued use of Ema following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Information About You and Your Use of Ema

All information we collect on or through Ema is subject to our Privacy Policy. By using Ema and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

The Service

The Company provides proprietary AI health intelligence and related API services (the “Services”) that allow users and enterprise partners to access clinically-aligned health intelligence, decision support tools, and care navigation logic. The Services utilize a hybrid language model designed to synthesize health data into actionable insights for wellness and clinical workflows.

We may update the Services, AI models, and content available through the platform from time to time; however, due to the nature of large language models and evolving scientific frameworks, such content may not necessarily be exhaustive, complete, or up-to-date. Any of the material provided through the Services may be out of date at any given time, and we are under no obligation to update such material. The Company does not warrant that the Services will always reflect the most current medical standards or protocols at the moment of use.

Accessing the Services and Infrastructure Security

We reserve the right to withdraw or amend the Services, the API, and any material or infrastructure we provide, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services or API is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire infrastructure, to Partners and Authorized Users.

To access the Services or the specific resources they offer, including but not limited to API keys, developer dashboards, and white-labeled UI Kits, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register for the Services or otherwise, including through the use of any interactive features or data integrations, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, an API key, client secret, username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any unauthorized person or entity. You acknowledge that your account and access credentials are specific to you or your organization and agree not to provide any unauthorized party with access to the Services using your security information. You agree to notify us immediately of any unauthorized access to or use of your credentials or any other breach of security, including the compromise of an API key.

We have the right to disable any API key, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Prohibited Uses

You may use Ema only for lawful purposes and in accordance with these Terms of Use, including the Content Standards.

You agree not to use Ema:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in the Content Standards & Copyright Policy.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or other online aliases associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Ema, or which, as determined by us, may harm the Company or users of Ema, or expose them to liability.

Additionally, you agree not to:

• Use Ema in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Ema, including their ability to engage in real time activities through Ema.
• Use any robot, spider, or other automatic device, process, or means to access Ema for any purpose, including monitoring or copying any of the material on Ema.
• Use any manual process to monitor or copy any of the material on Ema, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of Ema.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Ema, the server on which Ema is stored, or any server, computer, or database connected to Ema.
• Attack Ema via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of Ema.

Intellectual Property Rights

Except with respect to the User Contributions and Third Party Materials as defined and further set forth below, Ema’s entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither Ema or any materials available through Ema may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Company’s prior written permission and the prior written permission of Company’s applicable licensors.

Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use Ema and the Services on any compatible device that you own or control. You must abide by all copyright notices, information, or restrictions contained in or attached to Ema or any materials available through Ema and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms of Use grants you any right to receive or to obtain access to Ema except as generally and ordinarily permitted through the Services according to these Terms of Use. Furthermore, except for the limited license above, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, any other license or ownership rights to Ema.

Company’s name and all related names, logos, product and service names, designs, and slogans are trademarks (“Marks”) of the Company or its affiliates or licensors. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use the Marks. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

User Contributions and Data Inputs

The Services may facilitate the processing of user profiles, health data inputs, and other interactive communications (collectively, “Interactive Services”) that allow Users and Partners to submit or transmit content (collectively, “User Contributions”) through the Ema infrastructure.

Nature of Contributions: All User Contributions must comply with the Content Standards set out in our Content Standards & Copyright Policy. In providing these Services, the Company strives to implement a Zero-Storage Architecture designed to minimize the retention of Protected Health Information (PHI) within its own permanent data storage. However, the Company makes no absolute guarantee regarding the real-time performance or permanent exclusion of such data in all technical scenarios.

Usage Rights for System Improvement: By providing User Contributions through the Ema infrastructure, you grant the Company a non-exclusive, royalty-free license to access and utilize aggregated and anonymized metadata derived from such contributions. The Company endeavors to use this data solely for the following purposes:

• Supporting the optimization of the Ema core’s clinical reasoning and performance.
• Generating high-level analytics and HEDIS-aligned benchmarking for Partners.
• Monitoring for potential algorithmic bias to promote equity-driven responses.

Anonymization Efforts: The Company aims to ensure that any User Contribution utilized for system improvement is de-identified and stripped of personally identifiable information (PII) and PHI. While we strive to prevent the disclosure of information that personally identifies an individual user, we do not warrant that our de-identification processes are infallible or impenetrable. We reserve the right to disclose information as required by law or to fulfill specific integration requirements of the Partner.

You understand and acknowledge that you, not the Company, have full responsibility, including its legality, reliability, accuracy, and appropriateness, for any User Contributions and Data Inputs you submit or contribute. We are not responsible or liable to any other user or third party for the content or accuracy of any User Contributions posted by you or any other user of Ema.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions or Third Party Materials for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Ema or the public, or could create liability for the Company.
• Disclose identity or other information to any third party who claims that material posted violate their rights, including their intellectual property rights or their right to privacy.

We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Ema.

Terminate or suspend access to all or part of Ema for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities, legal proceeding or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Ema.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all User Contributions or Third Party Materials before it is posted on Ema, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions and related transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Content and Third-Party Materials

The information presented on or through Ema is made available solely for general information purposes and should not be considered medical advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Ema, or by anyone who may be informed of any of its contents.

This API includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or service providers (the “Third Party Materials”). All statements and/or opinions expressed in these Third Party Materials, and all related articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those Third Party Materials and may not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any Third Party Materials provided by any third parties.

Links from Ema

If Ema contains links to other sites and resources provided by third parties, these links are provided for your convenience only. These may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Ema, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of Ema is based in the State of Massachusetts in the United States. We provide Ema for use only by persons located in the United States. We make no claims that Ema or any of its content is accessible or appropriate outside of the United States. Access to Ema may not be legal by certain persons or in certain countries. If you access Ema from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Ema will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE COMPANY IS NOT A HEALTH CARE OR MEDICAL SERVICES PROVIDER, NOR SHOULD THE SERVICES AND CONTENT ON THE PLATFORM BE CONSIDERED MEDICAL ADVICE. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES OR APPLICATIONS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Ema, including, but not limited to, your User Contributions, any use of Ema’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from Ema.

Governing Law

All matters relating to Ema and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, Content Standards & Copyright Policy and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding Ema and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Ema.

Your Comments and Concerns

Ema is operated by Social Mama, Inc., 2700 Post Oak Blvd, Suite 2100, Houston, Texas, USA 77056.

All notices of copyright infringement claims should be sent to the Copyright Agent designated in the Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to Ema should be directed to: letsconnect@emaapp.co