1. Contract Parties & Acceptance
This TOS is a binding contract between Empatha AI LLC, a Wyoming limited-liability company, 5830 E 2nd St, Ste 7000 #22808, Casper, WY 82609 USA (“Empatha,” “we,” “our,” or “us”) and you (“User” or “you”).
By (a) tapping “I Agree,” (b) entering your birth date confirming you are at least 18 years old, or (c) using any Empatha application, website, or related service (collectively, the “Services”), you acknowledge that you have read, understood, and agree to this TOS. If you do not agree, do not use the Services.
2. Definitions
“App” – the Empatha mobile application distributed through Apple’s App Store and Google Play.
“User Content” – screenshots, images, text, and any other material you upload.
“Analysis Output” – commentary produced by Empatha’s optical-character-recognition (OCR) and large-language-model (LLM) pipeline based on User Content.
“Subscription Term” – the period covered by a paid monthly or annual subscription.
“Content” – the App, software, code, text, graphics, interfaces, documentation, Analysis Output, and all other material supplied by Empatha.
3. What Empatha Does — and Does Not Do
Service Description. You upload screenshots; Empatha extracts on-screen text via OCR, queries an LLM, and returns speculative commentary about you and/or the people appearing in the screenshots—strictly for educational and entertainment purposes.
No Professional Advice. Empatha is not a licensed medical or mental-health provider. Analysis Output is algorithmic opinion and must not be relied on for diagnosis, treatment, therapeutic decisions, or life-critical choices. Consult a qualified professional for any medical, psychological, or relationship advice.
No Specific Claims. We do not verify that Analysis Output accurately describes any individual or relationship and make no warranties regarding its correctness.
4. Eligibility & Geographic Scope
18+ Only. The Services are offered solely to persons eighteen (18) years of age or older.
Global Availability Except France. The Services are marketed worldwide except to residents of France. If you are ordinarily resident in France or physically present there, you may not create an account or use the Services.
By creating an account, you represent that you are eligible and that all registration information you provide is truthful and current.
5. License Grant
Subject to your compliance with this TOS, Empatha grants you a personal, limited, revocable, non-exclusive, non-transferable license to (a) download and run the App on devices you own or control and (b) view Analysis Output for your own non-commercial purposes.
6. User Content & Privacy
Ownership. You retain all rights in your User Content.
License to Empatha. You grant Empatha a worldwide, royalty-free, sublicensable, perpetual license to host, process, transform, and otherwise use your User Content as necessary to operate, secure, and improve the Services, including—if you opt in—to train underlying AI models.
Responsibility. You represent that your uploads do not violate any law or third-party right (privacy, copyright, publicity, etc.).
Privacy Policy. Data practices are described in the Empatha Privacy Policy at https://empatha.ai/privacy, which is incorporated by reference—and your statutory privacy rights (e.g., GDPR, CCPA) are detailed therein.
7. Subscription Fees & Billing
Plans. Empatha offers monthly and annual auto-renewing subscriptions (“Subscriptions”). Current prices are displayed in-app and may vary by region.
Apple & Google Billing. Payments are processed exclusively through Apple In-App Purchase (iOS) or Google Play Billing (Android).
Auto-Renewal & Cancellation. Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. You can cancel anytime in your Apple ID or Google Play subscription settings; cancellation takes effect at the next renewal date.
Refunds. All fees are non-refundable except where required by applicable law or by Apple / Google refund rules in your jurisdiction.
8. Prohibited Conduct
You agree not to:
Upload unlawful, infringing, harassing, or exploitative content;
Misrepresent your age or identity;
Reverse-engineer, decompile, or scrape the App;
Resell, sublicense, or commercially exploit the Services or Analysis Output;
Interfere with security features, overload servers, or introduce malware;
Violate any applicable law or third-party right.
9. Disclaimers
THE SERVICES AND ANALYSIS OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Analysis Output is automatically generated by artificial-intelligence models and may include statements that are factually incorrect or misleading; you agree to verify any information before relying on it. Empatha does not monitor users for self-harm or crisis behavior and assumes no duty to intervene or notify authorities. EMPATHA DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT GUARANTEE UNINTERRUPTED SERVICE OR ERROR-FREE OUTPUT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMPATHA’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THIS TOS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). EMPATHA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA.
11. Indemnification
You will defend, indemnify, and hold harmless Empatha and its officers, directors, employees, and agents from any third-party claims arising out of (a) your User Content, (b) your breach of this TOS, or (c) your violation of any law or third-party right.
12. Termination
We may suspend or terminate your account or access to the Services at any time, with or without notice, for any reason. Upon termination, Sections 6 – 18 will survive.
13. Governing Law & Dispute Resolution (Wyoming)
This TOS is governed by the laws of the State of Wyoming, excluding its conflict-of-laws rules.
Arbitration. Any dispute that cannot be resolved informally shall be settled by binding arbitration in Cheyenne, Wyoming under the JAMS Streamlined Arbitration Rules. You and Empatha waive jury trial and class-action procedures. Either party may seek provisional injunctive relief in any court of competent jurisdiction.
14. App-Store Terms
Apple. Apple Inc. and its subsidiaries are third-party beneficiaries of this TOS. In case of App warranty failure, your sole remedy is a refund of the purchase price (if any) from Apple.
Google. Your use must comply with the Google Play Terms of Service. Google has no liability regarding the App.
15. DMCA / Copyright Agent
If you believe content on the Services infringes your copyright, send a notice to:
Copyright Agent – Empatha AI LLC
5830 E 2nd St, Ste 7000 #22808
Casper, WY 82609 USA
Email: staff@empatha.ai
16. Modifications to this TOS
We may update this TOS at any time. Material changes will be announced via in-app notice or email. Continued use after the effective date constitutes acceptance.
17. Contact
Empatha AI LLC
5830 E 2nd St, Ste 7000 #22808
Casper, WY 82609 USA
Email: staff@empatha.ai
Website: https://empatha.ai
18. Miscellaneous
No waiver of any term of this TOS shall be deemed a further or continuing waiver of such term or any other term. If any provision is held unenforceable, it shall be replaced with a provision that most closely reflects the original intent, and the remainder of the TOS shall remain in full force. You may not assign this agreement without Empatha’s prior written consent; Empatha may assign its rights and obligations without restriction.