Terms of Service

Last Updated: 10/31/2025

These Terms of Service ("Terms") form a legally binding agreement between you ("Customer," "you," or "your") and EmotiSense AI, Inc. (together with our affiliates, “EmotiSense AI”, “we”, “our” or “us”). These Terms govern your access to and use of the website and services (collectively, “Services”) provided by EmotiSense AI. By accessing or using the Services, you agree to these Terms.

1. Eligibility and Acceptance

You may use the Services only if you can form a binding contract with EmotiSense AI and are not barred from using the Services under applicable law. You must be at least 18 years old or the minimum age required to consent to use the Services. If you are agreeing to these Terms on behalf of a person, corporation, or other entity, you represent and warrant that you have the authority and capacity to accept these Terms and to bind that person, corporation, or other entity to them.

2. Registration and Access

You may need to register to use or access all or part of the Services. During registration, you must provide accurate and complete information and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account.

3. Using the Services

  • Applications. These Terms also apply to your development and use of (1) any and all software applications, websites, tools, services or products that incorporate, access, or use the Platform (each an “Application”), and (2) the display of any data, information or other content accessed via the Platform (“Content”). Applications may not make the Content or any portion of the Platform available on a stand-alone basis, nor have the primary purpose of making Content available to users.
  • License. Subject to your compliance with the Terms, EmotiSense AI grants you a revocable, non-exclusive, non-sublicensable, non-transferable, non-assignable right to access and use the Services solely for the purposes of developing, testing, operating and supporting your Applications.
  • Ownership. EmotiSense AI owns all right, title, and interest in and to the Services and any associated intellectual property rights and has the right to make alterations at any time for any or no reason without bearing responsibility or liability for such actions. Subject to the foregoing, you own all right, title and interest in and to your Application.
  • Free Tier. If you are using a free tier of the Services, you may not create more than one account to receive additional benefits under the free tier. We may charge you standard rates for the Services, or suspend or terminate access to the Services, if we determine that you are not using the free tier in good faith.
  • Children. EmotiSense AI does not knowingly collect, either online or offline, personal information from persons under the age of 13. In order to access or use the Services, you must be at least 18 years old.

4. Content

  • Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
  • Ownership of content. As between you and OpenAI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
  • Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are consistently working to improve the accuracy, reliability, and fairness of our Services, but no artificial intelligence system can be perfectly precise. When you use our Services, you understand and agree that: (i) Output may not always be accurate. Our systems analyze visual data to estimate patterns that may correlate with human facial expressions, but these estimates should not be treated as definitive or factual assessments of a person’s emotions or intentions. (ii) You should not rely on any Outputs or Actions without independently confirming their accuracy. (iii) The Services and any Outputs may not reflect correct or complete information.

5. Intellectual Property

EmotiSense AI owns all rights, title, and interest in and to the Services, including models, software, and associated intellectual property.

6. Disclaimer of warranties

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

7. Limitation of liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

EMOTISENSE AI’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

8. Indemnity

You agree to defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

9. Term and Termination

These Terms remain in effect until terminated. You may terminate at any time by ceasing use. We may suspend or terminate access for violation of these Terms, security concerns, or legal requirements. Upon termination, your license ends, and you must delete all Services, Models and Outputs.

9. General

  • Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
  • Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. We will post any updates to these Terms on our website, and the updated Terms will take effect immediately upon posting unless otherwise stated. If a change materially affects your rights or obligations, we may provide notice by email or through the Services. Your continued use of the Services after the updated Terms are posted means that you accept the changes. If you do not agree to the changes, you must stop using our Services.
  • Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
  • Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.
  • Entire agreement. These Terms contain the entire agreement between you and EmotiSense AI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Inworld AI.
  • Governing law. California law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Santa Clara, California.