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Terms of Service

Agreement

By accessing or using EVRMORE CO’s (also referred to as “the Company,” “We” or “Us”) websites, applications, and/or Empathy AI™️ API outputs (“products and services”), users (corporate clients and their customers, individual developers, or individual users of products and services) agree to be legally bound by these Terms of Service (also referred to herein and on our websites, applications and Empathy AI™️ API outputs as “Terms of Use,” “Terms and Conditions of Use” and “Agreement”). These Terms of Service may be modified at any time by EVRMORE upon posting of the modified agreement. Any such modifications shall be effective immediately. Users can view the most recent version of these terms at any time on the EVRMORE website. Each use of our products and services shall constitute and be deemed your unconditional acceptance of this Agreement.

By using our products and services, users consent to be tracked using tracking tools. Further, by engaging our products and services, users opt in to receive one-time passcodes and service-related notifications via emails or SMS messaging, and users also consent to our use of user’s mental health and lifestyle information, and processing of user’s psychometrics data to carry out our services.

Privacy

To access the websites, applications, or Empathy AI™️ API outputs, users may be asked to provide certain registration details or other information. It is a condition of use of the products and services that all the information users provide is correct, current, and complete. Users agree that all information is provided to register with our websites, applications, Empathy AI™️ API outputs or otherwise, including but not limited to through the use of any interactive features, is governed by our Privacy Policy and user’s consent to all actions we take with respect to user’s information consistent with our Privacy Policy. Please review our Privacy Policy Statement.

Websites, applications, and Empathy AI™️ outputs content warranties

The information on our websites, applications or in the Empathy AI™️ API outputs is for informational and educational purposes and is not intended to be used for medical advice or diagnosis or treatment. EVRMORE provides non-disease wellness and non-condition mental health information only. The information provided by EVRMORE does not constitute mental health advice and is provided solely as complementary insight to assist users, users’ caring ecosystem, mental health clinicians and therapists, and/or healthcare providers in making more personalized decisions for users’ own well-being. Psychological predispositions do not mean a condition is actually present. Many environmental and behavioral factors impact the actual presence of a condition.

Predisposition information provided by EVRMORE is based on the best available peer-reviewed scientific literature and our predisposition engine uses a state-of-the-art patent-pending scenario assessment methodology. However psychological predisposition likelihood based on psychological variations does not constitute a diagnosis of a condition. Individuals should always consult with their clinicians, therapists or other qualified healthcare providers about questions concerning a mental health condition, and before starting, stopping or modifying any treatment or medication. Personalization, based on predisposition likelihoods does not warrant the existence of a condition and the resulting personalized recommendation is not guaranteed to address the underlying issue. The value proposition of EVRMORE products and services is that of an informed, scenario-based approach to emotional wellness personalization only.

We do not warrant the accuracy, completeness, or usefulness of information provided beyond the rigorous scientific methodologies we commit ourselves to. Any reliance users place on such information is strictly at their own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by users or by anyone who may be informed of any of its contents.

User reponsibility

If users choose or are provided with a username, password, or any other piece of information as part of our security procedures related to EVRMORE’s products and services, they must treat such information as confidential, and they must not disclose it to any other person or entity. Users also acknowledge that their account is personal to them and agree not to provide any other person with access to the websites, applications, Empathy AI™️ API outputs or portions of it using username, password, or any other security information provided by EVRMORE. Users agree to notify EVRMORE immediately of any unauthorized access to or use of their username or password or any other breach of security. Users also agree to ensure that they exit from their user account related to our products and services at the end of each session. Users should use particular caution when accessing their user account related to our products and services from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or another security identifier, whether chosen by the user or provided by us, at any time at our sole discretion for any reason, including if, in our opinion, users have violated any provision of these Terms of Service.

Ownership

All content of the EVMORE’s website, applications and Empathy AI™️ API outputs is and shall continue to be the property of EVRMORE or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by users of any such content or any part of the site is prohibited, except as expressly permitted by agreement with EVRMORE. Under no circumstances will users acquire any ownership rights or other interests in any content by or through their use of products and services. Users agree to only upload content to products and services which they own.

These Terms of Service permit corporate clients to use products and services within the framework of their licensing agreements with EVRMORE only. They allow individual users to use the products and services for their personal, non-commercial use only. Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material provided by products and services, except as follows:

  • Users’ computers may temporarily store copies of such materials in RAM incidental to their accessing and viewing those materials.
  • Users may store files that are automatically cached by their web browser for display enhancement purposes.
  • Users may print or download one copy of a provided materials and outputs for their own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, users may download a single copy to their computer or mobile device solely for their own personal, non-commercial use, provided they agree to be bound by our end user license agreement for such applications.

Users must not:

  • Modify copies of any provided materials from products and services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

If users wish to make any use of provided material other than that set out in this section, please address a request to pogo@evrmore.io

If users print, copy, modify, download, or otherwise use or provide any other person with access to any part of the websites, applications or Empathy AI™️ API outputs in breach of the Terms of Service, their right to use the products and services will stop immediately and they must, at our option, return or destroy any copies of the materials they have made. No right, title, or interest in or to the products and services or any content on the products and services is transferred to the user, and all rights not expressly granted are reserved by EVRMORE. Any use of the websites, applications or Empathy AI™️ API outputs not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Waiver of property rights

Users understand that by having their psychometrics information processed, accessing their psychometrics information, or providing self-reported information, they acquire no rights in any research or commercial products that may be developed by EVRMORE or its collaborating partners. Users specifically understand that they will not receive compensation for any research or commercial products that include or result from their psychometrics information or self-reported information.

Intended audience

Our websites, applications and Empathy AI™️ API outputs should be offered and available to users who are 15 years of age or older. By using them, users represent and warrant that they meet the foregoing eligibility requirements. If users do not meet this requirement, they must not access or use our services.

Prohibited uses

Users may use the websites, applications, or Empathy AI™️ API outputs only for lawful purposes and in accordance with these Terms of Service. Users agree not to use the products and services:

  • 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 asking for personally identifiable information, or otherwise.
  • 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 the email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the products and services, or which, as determined by us, may harm the Company or users of the products and services or expose them to liability.

Additionally, the user agrees not to:

  • Use the products and services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the websites, applications or Empathy AI™️ API outputs, including their ability to engage in real-time activities through the products and services.
  • Use any robot, spider, or other automatic device, process, or means to access the products and services for any purpose, including monitoring or copying any of the material provided.
  • Use any manual process for any unauthorized purpose.
  • Use any device, software, or routine that interferes with the proper working of the websites, applications or Empathy AI™️ API outputs.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the products and services, the infrastructure (server) on which the websites, applications or Empathy AI™️ API outputs are stored, or any server, computer, or database connected to the products and services.
  • Attack the websites, applications or Empathy AI™️ API outputs via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise, attempt to interfere with the proper working of the websites, applications or Empathy AI™️ API outputs.

Links from the Website

Our products and services may contain (A) content owned by third parties, and (B) hypertext links to websites owned by third parties. EVRMORE provides such third-party content and hypertext links as a courtesy to users and has no control over such third-party content and websites referenced or made available to users within our products and services. EVRMORE does not endorse, sponsor, recommend or otherwise accept any responsibility for such third parties, any third-party content, third party websites and/or any third party goods and services described in such content or websites. EVRMORE is not responsible for information, goods or services offered or provided by such third parties or for the manner in which they conduct their business. If users decide to access any of the third-party websites linked to EVRMORE websites, applications or Empathy AI™️ API outputs, they do so entirely at their own risk and subject to the terms and conditions of use for such websites.

Intellectual Property

The trademarks, service marks, logos and other information and materials described or appearing in our products and services are protected by applicable trademark, patent, copyright, and other laws. None of the trademarks, service marks, logos and other information and materials on or within our websites, applications or Empathy AI™️ API outputs may be used in any advertising or publicity, or otherwise to indicate EVRMORE’s affiliation with, or sponsorship of, any product or service without EVRMORE’s written consent.

Product and services use

EVRMORE grants the users a limited, revocable, non-exclusive license to use products and services solely for their own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use unless otherwise permitted by a licensing agreement with EVRMORE. Users agrees not to copy materials provided, reverse engineer or break into the website, applications and Empathy AI™️ API outputs, or use materials, products or services in violation of any law. The use of products and services is at the discretion of EVRMORE and EVRMORE may terminate their use at any time.

Compliance with laws

Users agree to comply with all applicable laws regarding their use of the product and services. Users further agree that information provided by them is truthful and accurate to the best of their knowledge.

Disclaimer of content and warranties

EVRMORE attempts to keep all the information on its websites, applications and Empathy AI™️ API outputs up-to-date. However, given the fast-changing nature of psychology — mind and behavioral science, the content of our products and services may need to be updated. While EVRMORE is committed to maintaining high-quality scientific information available, EVRMORE makes no warranties or representations as to the accuracy of the content of the websites, applications and Empathy AI™️ API outputs, and assumes no responsibility for any consequence relating directly or indirectly to any action or inaction users take based upon the information and material provided via websites, applications and Empathy AI™️ API outputs.

The use of our products and services is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and otherwise on our websites, applications and Empathy AI™️ API outputs. Users assume the entire risk of loss in using our websites, applications and Empathy AI™️ API outputs as well as the information and materials contained on our websites, applications and Empathy AI™️ API outputs.

User understands that we cannot and do not guarantee or warrant that files available for downloading from the websites, applications and Empathy AI™️ API outputs will be free of viruses or other destructive code. The user is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our products and services for the 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 USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THEIR USE OF OUR WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE OUR WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS, OR THROUGH DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE USE OF OUR WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS, THEIR CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS IS AT THE USER’S OWN RISK. THE WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS OR THE SERVER INFRASTRUCTURE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT WILL OTHERWISE MEET USER’S 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 A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of libability

UNDER NO CIRCUMSTANCES WILL EVRMORE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS, THE USER’S SITE OR APPLICATION USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS AND/OR CONTENT IS TO CEASE WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS USE.

The users may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to the users.

Indemnification

Users agrees to indemnify, defend and hold harmless EVRMORE and its employees, officers, directors, agents and suppliers from and against all losses, costs, damages, and expenses (including reasonable attorneys’ fees and expenses) related to any (A) violation by you of these Terms and Conditions, and (B) posting by the user of material to our websites, applications and Empathy AI™️ API outputs.

Use of information

Users authorize EVRMORE to use all information regarding websites, applications and Empathy AI™️ API outputs USE by them and all information provided by them in any manner consistent with our Privacy Policy.

Copyrights and copyright agent

If a user believes their work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that user claims has been infringed;
  3. A description of where the material that user claims is infringing is located on the websites, applications and Empathy AI™️ API outputs;
  4. User or attorney’s address, telephone number, and e-mail address;
  5. A statement by the user that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by the user, made under penalty of perjury, that the above information in the notice is accurate and that they are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the websites, applications and Empathy AI™️ API outputs is Ivy Mahsciao, who can be reached at pogo@evrmore.io

Applicable law, venue, arbitration

These Terms and Conditions and your use of the websites, applications and Empathy AI™️ API outputs shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Our websites, applications and Empathy AI™️ API outputs and their contents are intended to comply with the laws and regulations in the U.S. At Company’s sole discretion, it may require the user to submit any disputes arising from the use of these Terms of Service or the websites, applications and Empathy AI™️ API outputs, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. The users hereby submits to and consent to the exclusive jurisdiction of the State of New York and agrees that such litigation or arbitration shall be conducted only in the state of New York.

Severability

If any provision in these Terms and Conditions is held to be unlawful, void, or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. EVRMORE reserves the right to alter or delete materials from its websites, applications and Empathy AI™️ API outputs at any time at its discretion.

Termination

EVRMORE may terminate this Agreement at any time, with or without notice, for any reason.

Limitation on time to file claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITES, APPLICATIONS AND EMPATHY AI™️ API OUTPUTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

EVRMORE CO.
1 West St 2431
New York, NY 10004

pogo@evrmore.io

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