Acceptance
These Terms of Use and End User Licence Agreement govern your use of the eMRI / Emotional MRI mobile application, account, website, and related services.
By downloading the Application, creating an account, using the website, or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
Eligibility and age requirement
- You must be at least 18 years old to use the Service.
- You must have capacity to accept these Terms and enter into a binding contract.
- Your use of the Application must not be unlawful under laws that apply to you.
- You must provide accurate and current information when creating an account.
- People under 18 may not use the Application, and accounts may not be created on their behalf.
Purpose of the service
eMRI is a digital wellbeing service intended to support personal awareness and general wellbeing by displaying short emotional check-ins together with health, body-signal, and activity information where you permit that access.
The Application may provide history, personal pattern indicators, summaries, reports, reminders, and optional AI-supported insights.
Scores, trends, comparisons, suggestions, and insights generated by eMRI are informational indicators based on available and permitted data. They are not complete or definitive measurements of emotions, mental health, or physical health.
Not a medical or psychological service
- eMRI is not a medical device, healthcare institution, or healthcare provider.
- It does not replace a physician, psychologist, psychotherapist, or other health professional.
- It does not provide diagnosis, treatment, disease prevention, clinical monitoring, or personalised medical advice.
- It is not an emergency service, crisis hotline, or continuous monitoring service.
- It does not guarantee that it will detect or notify you of danger, illness, psychological crisis, or a health condition.
- You must not make medication, treatment, exercise, sleep, mental-health, or other healthcare decisions solely on the basis of a measurement, notification, report, suggestion, or AI output in the Application.
Emergencies
In a medical or mental-health emergency, do not wait for the Application or assume it will intervene. Call the emergency number in your country or seek appropriate professional help immediately.
If you believe that you or another person may be at risk of harm, contact local emergency services, crisis support, or a trusted person immediately. eMRI does not provide real-time human review of user check-ins and may not initiate an emergency response.
Accounts and security
- You are responsible, to the extent within your control, for activity through your account and sign-in credentials.
- You must provide accurate and current registration information.
- You must keep passwords and access methods confidential.
- You must notify us promptly if you believe your account has been used without authorisation.
- You must not access another person's account without permission or share your own account in an unauthorised manner.
- We may request additional verification, terminate sessions, or apply reasonable safeguards to protect account security.
Application licence
- Subject to your compliance with these Terms and the applicable app-store usage rules, you receive a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable licence to use the Application for personal purposes on compatible devices that you own or control.
- The Application is licensed, not sold. All rights not expressly granted are reserved by the service provider and relevant rights holders.
- Except where expressly permitted by applicable law, you may not copy, modify, translate, sell, rent, redistribute, or sublicense the Application.
- You may not attempt to derive source code, reverse engineer, disassemble, or create derivative works.
- You may not circumvent security, access controls, usage limits, or technical protections.
- You may not disrupt or overload the infrastructure or access it through unauthorised automation.
- You may not use the Application to create another product or service, train a competing model, or extract data in bulk.
- You may not remove trademarks, copyright notices, or other proprietary markings.
Acceptable use
- You must use the Service lawfully and in accordance with these Terms.
- You may not impersonate another person or provide false account information.
- You may not enter, upload, or process another person's health or personal data without necessary authority.
- You may not submit unlawful, threatening, harassing, discriminatory, or rights-infringing content.
- You may not transmit harmful code, malware, or material that compromises security.
- You may not conduct security scanning or attacks without authority to test the Service.
- You may not use the Service for emergency monitoring, clinical decisions, employee evaluation, insurance, credit, recruitment, or another decision producing significant effects concerning a person.
- You may not present the Application or its outputs as a medical device, clinical diagnosis, or professional healthcare service.
- You may not interfere with the Service or another user's use.
User content
You retain your ownership rights in original emotional notes, free-text entries, and other content you enter into the Application.
To provide the Service, you grant us a worldwide, non-exclusive, royalty-free, limited licence to host, store, reproduce, technically transform, and process user content only to operate your account, provide the features you select, maintain security and backups, provide technical support, and comply with law.
This licence does not permit us to sell your content or use health data for advertising.
You represent that you have the rights and permissions necessary to enter the content and that it does not violate law or another person's rights. We recommend that you do not enter unnecessary identity, financial, health, or third-party information in free-text fields.
When you delete your account or content, this licence ends except for limited records legally required to be retained, copies pending deletion in the normal backup cycle, and processing lawfully completed before deletion. Processing of personal data is also governed by the Privacy and Data Protection Notice.
Health data and device connections
Connecting Apple Health, Android Health Connect, or another supported health source is optional. You can manage permissions in your device settings.
Wearable devices and health platforms may provide incomplete, delayed, misclassified, or inaccurate data. Results may be affected by non-wear, battery, connectivity, synchronisation, algorithmic differences, and third-party outages. eMRI does not warrant the accuracy of data generated by a third-party device or platform.
The terms and privacy policies of Apple, Google, device manufacturers, and other third-party services apply separately.
AI-supported features
Where AI-supported features are offered, they may be optional and subject to separate permission. Because AI outputs are probabilistic, the same or similar inputs may produce different results. Outputs may be inaccurate, incomplete, outdated, or inappropriate for the context.
You must not treat AI output as a replacement for professional judgement and should independently evaluate it before making a decision important to health or safety. The Application is not designed to make decisions producing legal or similarly significant effects concerning users solely on the basis of AI output.
Personal-data processing in connection with AI is described in the Privacy and Data Protection Notice.
Paid features, subscriptions, and trials
eMRI may offer free and paid features. Before purchase, the applicable price, currency, taxes, billing period, subscription scope, trial period, and renewal terms will be displayed on the purchase screen.
Purchases through the Apple App Store or Google Play are charged to your relevant store account and are subject to the store's payment, cancellation, and refund rules. Unless otherwise stated on the purchase screen, a subscription may renew automatically at the end of each billing period.
You can cancel before renewal through your Apple or Google account settings. Uninstalling the Application or deleting your eMRI account may not automatically cancel a store subscription. Similarly, cancelling a subscription does not automatically delete your eMRI account or data.
Where a free trial is offered, eligibility, duration, and the charge applicable after the trial will be shown on the purchase screen. To the extent permitted by store rules, a trial may convert to a paid subscription unless cancelled before it ends.
Changes to price or scope for future subscription periods will be communicated in advance as required by applicable law and store rules. If you do not agree, you may cancel before renewal.
Refunds for store purchases may be administered by the applicable store. Nothing in these Terms limits non-waivable rights concerning refunds, conformity, withdrawal, or other consumer protection available in your country.
Intellectual property
The Application, including its software, design, interface, text, graphics, logos, models, report formats, data structures, and content created by the service provider, is protected by copyright, trademark, and other intellectual-property laws.
“eMRI”, “Emotional MRI”, related logos, and distinctive brand elements are trademarks or brand elements of the relevant rights holder. These Terms do not grant you a right to use the brand.
The Application may contain open-source or third-party components. Those components are governed by their respective licences, and required notices may be provided in the Application or on the relevant legal page.
Feedback
If you submit suggestions or feedback, we may use them to improve the Service without payment or obligation to you, while respecting your rights in personal data. Do not submit information as feedback if it is confidential or you do not have the right to provide it.
Third-party services
The Service may access third-party applications, devices, platforms, or links. They may be outside eMRI's control and their availability may change. Your use of a third-party service is governed by that third party's terms.
We may modify, limit, or discontinue a related eMRI feature if the third-party service ends or changes its integration requirements. Your mandatory consumer rights remain unaffected.
Availability and changes to the Service
We work to keep the Service reliable, but do not promise uninterrupted, error-free, or permanent compatibility with every device. Maintenance, security work, technical failure, third-party outage, or events beyond our reasonable control may cause temporary loss of access.
We may update features for security, legal, technical, or service-improvement reasons. Where a change materially and negatively affects a paid feature, notice, remedy, or termination rights will be provided as required by applicable law and store rules.
You may be required to install legally necessary security and conformity updates. Failure to install updates may affect operation or security.
Suspension and termination
We may restrict access or suspend an account where you materially breach these Terms, place the Service or another person at risk, where fraud is suspected, where required by law, or where an urgent security risk exists. Where circumstances permit, we will provide prior or timely notice and a reasonable opportunity to challenge the decision.
You can delete your account in the application settings at any time. Account deletion ends future use of the Service, but you may need to cancel a store subscription separately.
On termination, your licence ends. Provisions concerning intellectual property, liability, disputes, payment, and legal records that by their nature should survive will remain effective.
Account and data deletion
You can initiate account deletion in the Application or request deletion by contacting hello@emotionalmri.com. Uninstalling the Application does not automatically delete your account or data held on our servers.
The scope of deletion, backup periods, legal-retention exceptions, and data-protection rights are described in the Privacy and Data Protection Notice. Subscription cancellation and account deletion are separate actions.
Warranties and conformity of digital services
The Service is subject to mandatory conformity requirements and consumer guarantees under applicable law. Subject to those mandatory rights, we do not guarantee that personal patterns, AI outputs, or third-party health data will produce a particular result, be completely accurate, or meet your personal objectives.
Consumers in the EU/EEA may have rights concerning conformity of digital content or services, necessary updates, and remedies such as bringing the Service into conformity, price reduction, or termination. These Terms do not exclude those rights.
Limitation of liability
This section applies only to the extent permitted by applicable law. No limitation applies to liability for death or personal injury, intent, gross negligence, product liability, an express guarantee, or another liability that cannot lawfully be limited.
In the event of ordinary negligence, we are liable only for breach of a material contractual obligation whose performance is necessary for the purpose of the contract and on whose performance a user may ordinarily rely. In that case, liability is limited to the typical damage foreseeable when the contract was formed. Where mandatory consumer law gives broader protection, that law applies.
To the extent we cannot lawfully be held responsible, we are not liable for consequences caused by a user's breach of these Terms, an unsupported device or third-party service, connectivity failure, or missing health data outside our reasonable control.
Indemnity
Subject to mandatory consumer rights and applicable law, a person using the Service for commercial or professional purposes may be required to indemnify the service provider against third-party claims arising from unlawful user content, breach of these Terms, or infringement of third-party rights, to the extent caused by that person.
This provision does not impose strict or disproportionate indemnity obligations on consumers.
Governing law and disputes
These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules. If you are a consumer and mandatory law in your country of habitual residence provides stronger protection, that protection remains available.
Consumers may have the right to bring proceedings before competent courts in their place of residence under applicable law. For disputes with non-consumer commercial users, courts at the service provider's registered office have jurisdiction to the extent legally permitted.
Consumer dispute resolution: Unless legally required, we do not undertake to participate in a consumer dispute-resolution procedure. Your mandatory consumer rights and right to use competent courts remain unaffected.
Additional terms for the Apple App Store
- If you obtained the Application through the Apple App Store, these Terms are between you and the service provider, not Apple. The service provider, not Apple, is responsible for the Application.
- The licence is limited to use on Apple-branded products that you own or control as permitted by the Apple Media Services Usage Rules, including Family Sharing or volume purchasing where applicable.
- The service provider is responsible for maintenance and support as required by applicable law. Apple has no obligation to provide maintenance or support.
- If the Application fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price paid for the Application in accordance with its rules. To the maximum extent permitted by law, Apple has no other warranty obligation concerning the Application; the service provider is responsible for remaining claims.
- Claims relating to the Application or its use, including product liability, regulatory non-conformity, and consumer-protection claims, must be addressed to the service provider rather than Apple.
- The service provider, not Apple, is responsible for investigating, defending, settling, and discharging claims that the Application infringes third-party intellectual-property rights.
- You represent that you are not located in a country subject to a United States Government embargo and are not listed on a relevant prohibited-parties list.
- You must comply with applicable third-party terms, such as your mobile-data provider's agreement.
- Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you once you accept these Terms.
- Apple's Standard End User Licence Agreement may also apply where a custom EULA has not been validly provided through the store: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Additional terms for Google Play
- If you obtained the Application through Google Play, Google is not a party to these Terms; the service provider is responsible for the Application and support.
- Your use is also subject to the Google Play Terms of Service and applicable Google Play usage rules.
- Purchases, subscriptions, cancellations, and refunds may be administered through your Google Play account and applicable Google Play policies.
- Google has no obligation to provide Application maintenance or support.
Changes to these Terms
We may update these Terms for legal, security, technical, or Service-related reasons. We will communicate material changes before they take effect through the Application, email, or another appropriate method and update the date above.
Where a change materially affects the contractual balance, we may request express acceptance or provide a termination right as required by law. We will not treat silence as acceptance where it cannot lawfully constitute consent.
General terms
If a provision is invalid or unenforceable, the remaining provisions remain effective. The invalid provision will be replaced, to the extent permitted by law, by a valid provision that most closely reflects its purpose.
Failure to enforce a right immediately does not waive it. We may transfer these Terms and related rights and obligations as part of a merger, restructuring, or business transfer, provided this is lawful, appropriate notice is given, and user rights are not materially reduced.
These Terms, together with the Privacy and Data Protection Notice, form the contractual framework for use of the Service. Specific terms separately accepted on a purchase screen or for a feature apply to that subject.
Service provider and contact
Service provider and licensor: Emotional MRI.
Registered postal address: Stäudach 31, 72074 Tübingen, Germany.
Country: Germany.
Commercial register: no commercial-register entry is currently available.
For support, subscriptions, the Application, or privacy requests, email: hello@emotionalmri.com.
Application: eMRI / Emotional MRI.