Last Updated: March 25, 2021
1. Your Acceptance
Welcome. This Terms of Services (the “Terms”) between Amotions, Inc., a Delaware company and its affiliates (collectively, “Amotions”), the owner and operator of the website: https://Amotionsinc.com/ along with our related websites, networks, applications, mobile applications, and other service provide by us (collectively, the “Services”) and you (“you” or “your” or “user(s)”), a user of our Services, governs your use of our Services.
Throughout this document, the words “Amotions,” “us,” “we,” and “our,” refer to our company, Amotions Inc. and our Services, as is appropriate in the context of the use of the words.
THESE TERMS CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 12 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 12 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
2. Services Overview
The service is a platform that helps its users develop soft skills such as emotional intelligence and communication, through content sharing, coaching, and practicing in virtual group sessions or one-on-one sessions (collectively, the “Virtual Sessions”) or automated insights from our proprietary AI virtual coach (the “AI Coach”).
No Medical, Psychiatric or other Health Care Advice
The contents of the Services, including any information and other materials you obtained from the Virtual Sessions or from the AI Coach or from the content on our website or other products are for informational purposes only. Amotions is not a licensed medical care provider and does not provide any psychiatric care, medical advice or opinions and neither the Services nor its content are intended to replace or substitute professional medical advice, diagnose or treatment of any illness or medical conditions. The Services are not intended for the provision of clinical diagnosis requiring an in-person evaluation and it is also not intended as a substitute for any drugs or medical treatment hat may be appropriate for you. Do not disregard, avoid, or delay in obtaining in-person care from your doctor or other qualified professional because of the information or advice you received through the Services, including from any other users of the Services. If you think you may have a medical emergency, call your doctor or 911 immediately.
Consent to Receive Calls and Text Message and Video Recordings
Amotions may record (audio and video) with your express prior consent using services provided by our third-party service provider all or part of any Virtual Sessions or your interaction with the AI-Coach (“Recordings”). Such Recordings are used to improve our Services provided to you and for quality assurance purposes. You may opt out from the recording, but this may reduce the quality of our Services. Amotions will keep all Recordings confidential, and we will not publicly display such Recordings unless required to do so, such as if subject to a court order.
3. Amotions Accounts
You can use parts of our Services without having an account. However, you need an Amotions Account to use some features. You may only create an Amotions Account if you are at least 18 years of age.
During registration we may require that you to provide us with your name and e-mail address may ask for optional information such as your phone number or gender (collectively, “Account Information”). We may also require additional information from you as necessary to verify your identity. If we cannot verify your identity, we can refuse to allow you to use our Services. You agree and understand that you are responsible for maintaining the confidentiality of your password and your login ID, which allow you access to our Services. By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communication may be posted on our Services and/or delivered to your e-mail address we have on file for you. It is your sole responsibility to promptly update your information. You consent to receive communications electronically from Amotions until the termination of your account with us.
If you become aware of any unauthorized use of your account, you agree to immediately notify us at: email@example.com.
We have the final discretion in granting accounts and reserve the right to reject users without explanation. We reserve the right to reclaim any Amotions usernames and other unique login IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.
4. Your Use of our Services
You are responsible for your use of Amotions, and for any use of Amotions made using your username and account. Your right to use and access our Services is personal to you and is not transferable to any other person or entity. You acknowledge that in order for our Services to function properly, you must keep your Account Information up to date.
You agree that you may not use our Services for any purpose that is unlawful or prohibited by these Terms, specifically you agree not to:
Additionally, you hereby agree to follow Amotions’ community guideline as follows:
5. Intellectual Property Rights
Amotions retains all right, title, and interest in and to the Services and any information, products, documentation, software, or other materials available on our websites, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Amotions trademarks, service marks, and logos are strictly prohibited without the prior written permission of Amotions. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on our websites. Nothing contained on our website should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on our websites without the written grant thereof by Amotions, or the third-party owner of such trademarks, service marks, or logos. Our websites may contain other proprietary notices and copyright information, the terms of which you agree to follow.
We welcome your feedback about the Services. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
6. Disclaimer of Warranties.
All Services are made available AS-IS and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any information provided in the Virtual Sessions, by the AI Coach or of any information posted or provided by any of our users. We assume no responsibility for ensuring our user’s compliance with any applicable laws, rules and regulations or these Terms. We are not responsible for the conduct, whether online or offline, of any user of our Services. We are not liable for any failure of our Services, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
7. Limitations on Liability
IN NO EVENT SHALL AMOTIONS, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, DATA PROVIDERS OR ANY THIRD PARTIES CONTRIBUTING CONTENT TO THE SERVICE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED ON THE SERVICE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE.
You agree to defend, indemnify and hold harmless Amotions, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: 1. your use of and access to our Services; 2. your violation of any term of these Terms; or 3. your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of our Services.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Our Services may contain links to third-party platforms or websites (each, a “Third-Party Services”), and you may be able to share your publications on the Third-Party Services through our Services. You acknowledge and agree that we have no control over, and are not responsible for, these Third-Party Services or their use of your personal information. We do not endorse, recommend or vouch for the security of such Third-Party Services. We recommend that you review their terms of service and privacy policies before accessing and using the Third-Party Services.
10. COPPA Compliance
Amotions and its Services may only be used by persons 12 years and older. Amotions in no way targets children under the age of 12. If you are under 12 please stop using our site immediately and do not submit any information to us.
11. Choice of Law
This Terms shall be governed by the laws in force in Delaware. The offer and acceptance of this contract is deemed to have occurred in California.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
12.1 Required Pre-Dispute Procedures. We acknowledge and agree that before initiating any claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to firstname.lastname@example.org. Amotions will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Amotions or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in San Francisco County, California to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection 12.9 below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
12.2 Commencing Arbitration. You and Amotions agree to commence any arbitration proceeding within 1 year after the claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
12.3 Arbitration Location. If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in San Francisco County, California unless Amotions otherwise agrees to arbitrate in another forum requested by you.
12.5 Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
12.6 Governing Law and Award. The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards
12.7 Enforceability. This provision survives termination of your account or relationship with Amotions, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
12.8 Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Amotions and shall not be modified except in writing by Amotions.
12.9 Exceptions. Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Amotions both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Amotions will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in the State of California: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by Amotions for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection 12.9 in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection 12.9, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in San Francisco County, California, and forever waive any challenge to said courts’ jurisdiction and venue.
12.10 Amendments. Amotions reserves the right to amend this arbitration provision at any time. Your continued use of our Services, purchase of any product or services on or through our Services or use or attempted use of a Amotions product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Amotions will provide you notice and an opportunity to opt-out. Your continued use of our Services, purchase or use of any products or services on or through our Services or use or attempted use of an Amotions product or service, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT INFO@AMOTIONSINC.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms are deemed to conflict with each other's operation, Amotions shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
15. Our Termination and Cancellation Rights
We may terminate or suspend our Services or your account or any other provision thereof at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms or your Amotions account, you are solely responsible for properly canceling your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.
We may amend these Terms from time to time. When we amend these Terms, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Services. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Terms.
18. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Amotions must be addressed to our agent for notice and sent via certified mail to: Amotions Inc., 1209 Orange Street, City of Wilmington, New Castle, Delaware 19801.