Last updated: April 4th 2023
Life Expanded LLC (“
Almaya” or “
EmulateMe”) welcomes you (The “
User”, “
You”, collectively the “
Parties”) to our website at
https://www.almayalife.com/emulateme. and any additional website, webpages, and mobile applications owned and/or operated by Almaya (collectively the “
Site”), any free or trial version or demo, and use by paying Users to our web-based and mobile platform (collectively the “
Services”. Users may use the Site and the Services solely in accordance with the terms and conditions hereunder unless Almaya executes a separate agreement with the User that explicitly states it governs the use of the Services.
Please read these Terms of Use carefully before you start using the Site and/or Services. Unless otherwise agreed by Almaya in writing, by entering, connecting to, accessing, or using the Site and/or the Services you acknowledge that you have read and understood the following End Users Terms of Use, including the Terms of our “
Privacy Policy” (Collectively the “
Terms”). and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and Services. Furthermore, you acknowledge and agree that these Terms constitute a binding and enforceable legal agreement between You and Almaya.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions in which case the Terms “User”, or “You” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms and Conditions, you must not accept this Agreement and shall not be permitted to use the Services.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT CONNECT, ACCESS, OR USE THE SERVICES IN ANY MANNER, ANY SOFTWARE PROVIDED IN CONNECTION WITH THE SERVICES, IS BEING LICENSED AND NOT SOLD TO YOU.
BY ACCEPTING THE TERMS OF THIS AGREEMENT YOU REPRESENT AND WARRANT THAT ANY AND ALL INFORMATION YOU PROVIDE US THROUGH THE SERVICES IS TRUE, ACCURATE, AND COMPLETE. THE PROVISION OF FALSE AND FRAUDULENT INFORMATION IS STRICTLY PROHIBITED.
You must be over the age that is considered to be the age of minors according to the law applicable to you to be able to use the Service. If you are a Minor in the jurisdiction you reside, you need to have your parent or guardian's permission and direct supervision to access the Site. Before using the Site, minors must ensure that their parent or guardian has read and accepted these Terms and Conditions.
Almaya has developed and owns a cloud platform that allows users to create digital representations using AI-based models and user-provided information. This digital representation enables dynamic user interaction through text and video in a confidential and secure environment.
1. SITE AND SERVICES. These Terms govern access and use of the following:
-
Site: Our Site offers basic information on our company, our technology, and the various products and features we offer. You can also read our blog, contact Almaya through the Site or a landing page of an ad, and access certain Services.
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EmulateMe Free Edition: The EmulateMe Free Edition offers Users a free, limited version of the Platform (“
Free Edition”). The EmulateMe Free edition enables Users to get a feel for the Platform for a limited period. The Free Edition may offer limited features and functionality.
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EmulateMe Platform: Use by the end Users of a paying subscription, including any mobile app (“
App”) powered by Almaya.
2. EMULATION SERVICE. We provide an emulation service (the "EmulateMe") that allows the User, through the usage of our technology, to create a digital representation that closely replicates the appearance, voice tone, and speech patterns of a real-life person, based on the information provided by the user and processed through our technology.
A User is a person who has given the necessary licenses, rights, consents, releases, and permissions to use recordings of a voice, profile pictures, and personal information (through documents, videos, and others) to train the EmulateMe neural network and develop an “Avatar/Emulation” based on this characteristics. The User may create the “Avatar/Emulation” by submitting voice recordings, profile pictures, and personal information of a certain subject, into the platform (the “Training Information”). By submitting the Training Information, the User consents (and represents and warrants that the User has obtained the necessary licenses, rights, consents, releases, and permissions of any third-party Speakers) to our use and storage of the audio recordings, the voices, the profile pictures, videos, and the information the User submits as follow:
(1) to synthesize and otherwise use such voices as described herein, and to otherwise operate our Services; (2) create a digital graphic representation based on the person in the picture (3) to process the Training Information and train our Neural Network to get a response (4) for our research datasets to analyze, maintain, and improve our voice technology, and other technology, and for other research and development and data analysis purpose.Please write to us at
[email protected] if you would like to opt out of the use of your data for this purpose;
3. RIGHTS OF EMULATING CONTENT. You retain all rights and are solely responsible for the Training Information you provide to us and the related Emulation/Avatar generated using our Neural network, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with the Emulation/Avatar. Notwithstanding the above, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, host, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute Emulation/Avatar Content on the Site or our Services or other third party websites or applications for purposes related to operating the Site or our Services including providing, improving, promoting, developing, monetizing or facilitating our Services and use of our Services by you and other users.
4. ACCOUNT AND PASSWORDS. The creation of a User account is required in order to enjoy the Services (collectively an “Account”). In order to access and use the Free Edition you must sign-up by providing an email account, and full name. You acknowledge and agree that by creating an Account via third-party social networks, you grant Almaya access to your public profile on such services.
To access your Account, you are required to create a password. It is your responsibility to maintain the confidentiality of your password and ensure that no other person or entity gains access to your Account. You acknowledge that your Account and password are for your personal use only, and agree not to share your login credentials with anyone else. If you become aware of any unauthorized access to your Account or password or any security breach, you must immediately notify us at
[email protected]. To safeguard your password and personal information, you must also ensure that you log out of your account when using a public or shared computer to prevent others from accessing or recording your information.
All information you provide for the registration process will be stored and used in accordance with our Privacy Policy available at
https://www.almayalife.com/emulateme-privacy-policy
5. USER REPRESENTATIONS AND UNDERTAKINGS. By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
6. USE RESTRICTIONS. Certain conduct is strictly prohibited on and or with respect to the Site and Services. Your failure to comply with the provisions set forth below may result in the termination or suspension of your access to the Site and Services which is in Almaya’s sole and absolute discretion, and may also expose you to civil and criminal liability.Other than the rights expressly specified in the Terms, no other right or interest whatsoever is granted to you in connection with the Site and/or Services. Without limiting the foregoing, You agree not to, whether by yourself or anyone on your behalf:
- Use the Site and/or Services for purposes other than the purposes for which it is intended as defined in the Terms;
-Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Modify, adapt, edit, alter, abridge, translate, or otherwise change in any manner the content of the Site and/or Services, nor shall you create derivative works from the Site and/or Services;
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices.
-Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software.
- Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the service to generate content that violates any applicable national or international law or regulation.
- Use the service in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- Use the service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
7. USER CONTENT. LIABILITY. “Content” means any text, information, or material, such as audio files, video files, electronic documents, or images, that You upload and import into, or create with the Services or Software in connection with or through Your use of the Services.
YOU ARE RESPONSIBLE FOR ANY OF YOUR CONTENT AND TO ENSURE THAT YOU HAVE THE OWNERSHIP RIGHTS (COPYRIGHT) OR APPROPRIATE LICENSE RIGHTS TO POST CONTENT OR ANY INFORMATION ON ANY WEB PAGES CONTROLLED BY ALMAYA. YOU AGREE THAT CONTENT POSTED BY YOU SHALL BE ACCURATE, LAWFUL, AND NOT IN VIOLATION OF THE RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OF THIRD PARTIES.
It is our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Users, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful Content. You will not upload, post, transmit, transfer, distribute, or facilitate the distribution of any Content or otherwise use the service in a way that:
- depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art, or manga;
- incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
- misrepresents the source of anything you post or upload, including impersonation of another individual or entity or sends any altered, deceptive, or false source-identifying information;
- provides or creates links to external sites that violate this Code of Conduct;
- includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control such rights or have obtained necessary consents and releases;
- invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and willing consent;
- is illegal or violates applicable local and national laws, including but not limited to child pornography, illegal drugs, software piracy, and harassment;
- harms or disrupts, or intends to harm or disrupt, another user's computer or would allow you or others to illegally access software or bypass security on Web sites or servers, including but not limited to, spamming or attempts to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- attempts to access, search, or extract data from any service or any Almaya website with any engine, software, tool, agent, robot, spider, scraper, device, or mechanism other than the software or search agents provided by Almaya or other generally available third party web browsers;
- attempts to impersonate an Almaya user or any other person through any means. You will not use any form of automated device or computer program that enables the submission of postings without the express written consent of Almaya.
You understand and agree that you assume full responsibility for your User Content and the consequences that may arise from the posting or publishing of such content on our Site and/or Services. You hereby represent and warrant that you own the User Content you upload or that you have obtained all necessary licenses, rights, consents, and permissions from the rightful owners of such User Content. Additionally, your User Content must not infringe any third party intellectual property rights or other rights, including without limitation, privacy rights, publicity rights, copyrights, or any other intellectual property rights.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
It is important to understand that the license granted herein by you to Almaya is not limited in time or scope and may extend beyond the termination or expiration of any agreement between us. However, we shall make reasonable efforts to remove any of your User Content from the Site and Services upon the termination of any agreement between us, provided that such removal does not adversely affect our business operations or legal obligations.
YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY ARISING FROM YOUR USER CONTENT, AND YOU WAIVE ANY CLAIMS OR LEGAL ACTION AGAINST US RELATED TO THEM. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL RESPONSIBILITY RELATED TO YOUR USER CONTENT IS SOLELY YOURS. ALMAYA IS NOT UNDER ANY OBLIGATION TO OVERSEE OR MANAGE THE USER CONTENT THAT YOU OR OTHER USERS POST OR PUBLISH, AND WILL NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR SUCH USER CONTENT. WHILE ALMAYA IS NOT OBLIGATED TO SCRUTINIZE, MODIFY OR MONITOR ANY OF THE USER CONTENT, ALMAYA EXPLICITLY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE, MODIFY OR BLOCK ANY USER CONTENT AVAILABLE ON THE SITE AT ANY TIME AND FOR ANY REASON, WITHOUT GIVING PRIOR NOTICE.
8. INTELLECTUAL PROPERTY RIGHTS. The User expressly acknowledges and agrees for all purposes that (i) all content and information displayed on the Web, including but not limited to designs, text, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to intellectual property rights; as well as (ii) the Almaya Avatar, and any aesthetic, auditive and visual elements designed, created and/or customized by Almaya technologies which are part of the same as delivered to the User or are able to its downloading from the Web, at any time, are the exclusive property of Almaya and/or third parties, that have duly authorized their inclusion on the Web, expressly stating that no type of right over any content or of any kind will be granted, except those that are expressly recognized.
Therefore, the User will not be entitled to reproduce, copy, distribute, assign, make available, or otherwise publicly communicate, transform, or modify such content, as well as carry out any other activity with the aforementioned elements and content that has not been expressly authorized by Almaya, including the core codes for any element of the Web.
The User will hold harmless Almaya from any claim arising from a breach of such obligations, being directly responsible for all derived consequences, damages, and losses that may be caused to Almaya and/or to third parties in this regard.
As an exception to the above, the User is allowed to mention the articles published on the Web through social networks (i.e. Facebook, Twitter, Instagram, LinkedIn, Discord), respecting our ownership or mentioning the people and/or companies indicated in the corresponding articles or content.
9. COPYRIGHT INFRINGEMENTS. We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please report such person immediately to the appropriate authorities and to us. We take claims of copyright infringement very seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.
10. SUBMISSIONS. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
11. PRIVACY POLICY. Please be advised that Almaya acknowledges and respects your privacy and is fully committed to safeguarding the information you share with us. Our policies, practices, and information concerning the collection of your personal information are outlined in detail in our Privacy Policy, which can be accessed at the following link:
https://www.almayalife.com/emulateme-privacy-policy12. DATA PROTECTION & PRIVACY. In order to operate and maintain the Site and/or Services, Almaya commits to the collection, processing, and storage of certain data. Almaya recognizes the importance of your privacy and is dedicated to safeguarding the data you disclose to us. Almaya firmly believes that you have the right to be fully informed about our data collection practices whenever you use the Site and/or Services. The policies, procedures, and specific information that Almaya collects are set forth in detail in the Almaya Privacy Policy.
Almaya is committed to complying with all applicable laws and regulations that pertain to data security and privacy. Personal Data (as defined in the Privacy Policy) shall be collected in accordance with the law. Almaya will take reasonable steps to safeguard User Content.
Users warrant that User Content has been obtained and provided to Almaya in compliance with all applicable laws and regulations, including obtaining necessary consents or legal bases required under applicable data protection laws from data subjects whose Personal Data is provided or made available. This is necessary to allow Almaya to provide the Site and/or Services and fulfill its obligations under these Terms.
13. THIRD-PARTY SERVICES. The Site and/or Services may contain links to or through third-party websites and other third-party services (collectively, "Third-Party Services"). These Third-Party Services are not under the control of Almaya and are independent of the Site and/or Services. You acknowledge that Almaya has no control over these Third-Party Services and that Almaya is not responsible for their availability, nor does it endorse or assume responsibility or liability for any goods, services, content, advertisements, products, or any materials available on or through these Third-Party Services.
You acknowledge and agree that Almaya is not responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with the use of or reliance on any goods, services, content, products, or other materials available on or through any Third-Party Services. Most Third-Party Services have legal documents, including terms of use and privacy policies, that govern their use and content. We encourage you to carefully read these legal documents before using any Third-Party Services.
14. MODIFICATIONS AND INTERRUPTIONS. You acknowledge that Almaya cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
15. LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALMAYA AND ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM OR RELATED TO THE SITE AND/OR SERVICES, WHETHER CAUSED BY THE USE OR INABILITY TO USE THE SITE AND/OR SERVICES, FAILURE OF THE SITE AND/OR SERVICES TO OPERATE AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA, OR PROFITS, PERFORMANCE OR NON-PERFORMANCE UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SERVICES.
YOU AGREE THAT ANY CLAIM FOR BREACH OF THESE TERMS SHALL BE BROUGHT BY YOU NO LATER THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO USERS RESIDING IN SUCH STATES.
THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED ON AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE A FAIR ALLOCATION OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR THE ALMAYA SERVICES PROVIDED TO YOU. THESE LIMITATIONS WILL APPLY EVEN IF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY FAILS, AND EVEN IF ALMAYA AND/OR ANY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, AND IN NO EVENT SHALL ALMAYA'S CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNTS PAID TO ALMAYA FOR THE USE OF THE SERVICES. IF YOU HAVE NOT MADE ANY PAYMENTS TO ALMAYA FOR THE USE OF THE SERVICES, THEN ALMAYA SHALL NOT HAVE ANY LIABILITY TOWARD YOU.
16. INDEMNIFICATION. The User agrees to defend, indemnify and hold Almaya and its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of and access to the Service, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third-party access with User’s unique username, password, or another security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s wilful misconduct; or
- the statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.
17. TERMINATION. These Terms of Use shall be binding and enforceable during the period of your use of the Site. We retain the right, without any prior notice or legal obligation, to deny access to the Site or its use to any individual, including blocking specific IP addresses, for any reason or without any reason, including for the violation of the representations, warranties, and covenants outlined in these Terms of Use or any applicable law or regulation. We have the sole discretion to terminate your participation in the Site or your use of it, including the removal of your account and any content or information posted by you, at any time and without warning. If we terminate or suspend your account, you are forbidden from registering again under any name, whether real, fictitious, or borrowed, or using the name of a third party, even if you are acting on their behalf. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies.
18. GOVERNING LAW. Any claim that pertains to the Site and/or Services or the utilization of the Site and/or Services shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute that arises from or is related to your utilization of this Site and/or Services shall be initiated, and you hereby provide your consent to the exclusive jurisdiction and venue of, the competent courts of Delaware
19. DISPUTE RESOLUTION. Where a dispute arises in connection with these Terms of Use, the Parties shall meet in good faith to attempt to resolve it. Where the Parties are unable to reach a resolution, the Parties submit to the exclusive jurisdiction of the courts of the State of Delaware. Each party shall bear its own costs in connection with such an action.
Nothing in this Section shall be deemed as preventing Almaya from seeking injunctive or other equitable relief from the courts as necessary to protect any of Almaya’s proprietary interests. Except as otherwise provided in these Terms, all remedies are cumulative and in addition to (not in lieu of) any other remedies available to a party at law or equity.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY USING THE SERVICE, YOU AND ALMAYA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
20. MISCELLANEOUS. The present Terms of Use, together with any policies or operating rules posted on the Site or related to it, constitute the entire agreement and understanding between the user and us. Our failure to exercise or enforce any right or provision contained herein shall not be deemed as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law, and we reserve the right to assign any or all of our rights and obligations to third parties at any time. We shall not be liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. In the event that any provision or part of a provision contained in these Terms of Use is found to be unlawful, void, or unenforceable, such provision or part of a provision shall be deemed separate from these Terms of Use, and the remaining provisions shall remain valid and enforceable. These Terms of Use do not create a joint venture, partnership, employment, or agency relationship between the user and us. The user acknowledges and agrees that these Terms of Use shall not be construed against us merely because we drafted them. The user hereby waives any and all defenses based on the electronic form of these Terms of Use and the lack of signatures from the parties to execute these Terms of Use.
21. SPECIFIC TERMS FOR USE OF EMULATEME SUBSCRIPTION MODELS. Users engaged in a Subscription Agreement with Almaya (individually a “Subscription Client” and collectively “Subscription Clients”) will be charged a Subscription fee as agreed upon between the User and Almaya for the period as agreed upon between the parties (the “Subscription Period”). During the Subscription Period, the Subscription User will be able to utilize the EmulateMe platform and its Services.
EmulateMe offers three different subscription models: Each subscription model provides access to different features, services, and benefits.
By subscribing to EmulateMe, you agree to be bound by the terms and conditions of the subscription model you have selected. The specific details of each subscription model, including pricing, duration, and features, are available on our website via the following link:
https://emulateme.almayalife.com/. We reserve the right to modify the subscription models, their features, and pricing at any time, with or without notice.
Please carefully review the details of each subscription model before making your selection. If you have any questions about the subscription models, please contact our customer support team for assistance.
FREE TRIAL. EmulateMe may, at its sole discretion, offer a Subscription with a free trial for a limited period of time or tokens ("Free Trial"). By registering for a Free Trial, you agree to be bound by the terms and conditions set forth herein.
In order to register for the Free Trial, you may be required to provide billing information. If you do provide such information, you will not be charged by EmulateMe until the Free Trial period has expired. If you do not cancel your Subscription before the end of the Free Trial period, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
EmulateMe reserves the right, at any time and without notice, to (i) modify the terms and conditions applicable to any Free Trial offer, or (ii) cancel such Free Trial offer.
PLEASE NOTE THAT THE FREE TRIAL PERIOD WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL PERIOD. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL PERIOD TO AVOID BEING CHARGED A SUBSCRIPTION FEE.
PRICING AND PAYMENT. You shall make payment for the fees as specified in the Terms. All fees are exclusive of all applicable taxes, and you agree to pay any and all taxes that you are obliged to pay by law in relation to any transaction between you and Almaya. Subscriptions are billed in advance on a recurring and periodic basis (“Billing Cycle”). The relevant Billing Cycle will be displayed to you at check-out.
At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or EmulateMe cancels it. We will let you know at least fifteen (15) days in advance of any automatic renewal in order to give you the opportunity to cancel your Subscription. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including a credit card, is required to process the payment for your Subscription and Add-on(s). You shall provide EmulateMe with accurate and complete billing information including full name, address, state, zip code, telephone number, VAT number (if applicable), and valid payment method information. By submitting such payment information, you automatically authorize EmulateMe to charge all Subscription and Add-on fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, EmulateMe may (but does not have an obligation to) issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. We reserve the right to terminate your Subscription in the event we are unable to collect a relevant payment from you (whether automatically or manually). Where that happens, we will inform you of the termination of your Subscription via email.
REFUNDS. If you make any Purchase on the Platform as a Consumer, you have the right to request a refund of the applicable Purchase price without providing a reason at any time within fourteen (14) days of the original date of purchase. As your Purchase can be used by you immediately, we reserve the right to only issue a pro-rated refund which reflects the amount of usage you have enjoyed the Purchase before claiming a refund.
To request a refund (or partial refund), please contact us by using the contact details at the bottom of these Terms. We will issue any refund as soon as possible to the payment method used for the original Purchase. Refunds do not apply to Business Customers
USER LICENSES AND REPRESENTATIONS. By using the platform, you agree to comply with all applicable laws and regulations, including intellectual property laws, and to only use the platform in accordance with these Terms and Conditions. Almaya shall not be liable for any intellectual property infringements resulting from the User's use of the platform. The User is solely responsible for obtaining all necessary intellectual property rights and other permissions for the information uploaded to the platform.
You further acknowledge and agree that the User shall be solely responsible for any damages, claims, or other liability arising from the User’s use of the platform or any information uploaded by the User. Almaya shall not be liable for any damages or claims arising from User’s actions or omissions on the platform.
The User shall bear complete responsibility for any transmission or offline sharing of the Avatar created and set up via their account on the platform. Almaya shall not be held liable under any circumstances for any issues or problems that may arise during such activities taking place outside of the platform.
22. CONTACT US. In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Life Expanded LLC - 7925NW 12 TH ST STE 109 Doral, 33126 FL
Contact email:
[email protected]