Agreement to these terms
These terms apply to Embrace, including our website, web app, and mobile apps (together, the “Service”). By creating an account, contributing to an Embrace, or otherwise using the Service, you agree to these terms and to our Privacy Policy. If you don’t agree, please don’t use the Service.
Who can use Embrace
- You must be at least 18 to create an account or an Embrace.
- You must be at least 13 to contribute. Contributors under 18 need a parent’s or guardian’s permission.
- We currently offer accounts for organizers in the United States. You may not use the Service if the law prohibits it.
Your account
You sign in with your phone number and a code we send by text message. Give us accurate information, keep your phone and codes secure, and tell us promptly if you believe someone else has used your account. You are responsible for activity in your account.
How Embrace works
- An organizer creates an Embrace for a recipient and shares an invitation link.
- Contributors use the link to add photos and videos. Anyone with the link can contribute until the organizer finalizes the film, so organizers should share it only with people they want to include.
- The organizer chooses which contributions appear in the film and in what order. Contributing doesn’t guarantee that a photo or video will be used.
- When the organizer finalizes the film, we create a film link. Anyone with that link can watch the film. Deleting an Embrace closes its links.
We may change, add, or remove features over time. If a change takes away something you paid for, we will tell you and offer a fair remedy.
Your content
“Content” means the names, descriptions, photos, videos, and other material you add to the Service. You keep ownership of your content.
You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, convert, combine, and transmit your content only as needed to provide the Service, including making films and delivering them to the people the organizer shares them with. The license ends when your content is deleted from our systems, except for copies already shared by others or retained as described in our Privacy Policy. We won’t use your content in our marketing without your separate permission.
When you contribute, you allow the organizer to include your contribution in the Embrace’s film and to share that film with the recipient and anyone else the organizer chooses.
You are responsible for your content. By adding it, you confirm that you have the right to share it and the permission of the people who appear in or can be heard in it, including a parent’s or guardian’s permission for anyone under 18.
Acceptable use
You agree not to use the Service to:
- share content that is unlawful, harassing, hateful, threatening, sexually explicit, or graphically violent;
- share sexual content involving anyone under 18, which we report to the authorities;
- share someone’s private information, image, or voice without the right to do so;
- infringe anyone’s copyright, trademark, privacy, or other rights;
- impersonate someone or misrepresent who a contribution is from;
- send spam or invitations to people who don’t want them;
- upload malware, probe or disrupt our systems, or get around limits or security measures;
- copy, scrape, resell, or reverse engineer the Service, except where the law allows it.
For abusive content or a safety concern, contact support with the invitation or film link and a description of the problem. We may remove content or restrict access when we reasonably believe it breaks these terms or the law, or puts someone at risk.
Payments
- Embrace is free for now. When we begin charging, finalizing and sharing an Embrace will cost the price shown in the app before you pay, currently $29 USD once per Embrace. There is no subscription.
- Stripe processes payments, and its terms apply to your payment. Prices include any taxes we are required to collect unless the checkout shows otherwise.
- Promotional codes can’t be exchanged for cash and may end at any time.
- Payments are non-refundable except where the law requires otherwise. If something went wrong with a paid Embrace, contact us within 30 days of payment and we will review a refund.
Not medical or emergency care
Embrace helps people share support and connection. It isn’t medical care, therapy, or a crisis service, and we don’t promise any health outcome. Research information on our website is for general education, not medical advice. In an emergency, call your local emergency number.
App stores and other services
If you download our app from the Apple App Store or Google Play, the store’s terms also apply. These terms are between you and GrandConnect.AI Inc., not Apple or Google, and we alone are responsible for the app and its support. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. Links to other websites are provided for convenience; we aren’t responsible for their content.
Our service and brand
The Service, including its software, design, and the Embrace name and logo, belongs to GrandConnect.AI Inc. and is protected by law. These terms give you a personal, revocable right to use the Service as intended; they don’t give you rights to our brand. If you send us feedback, we may use it without obligation to you.
Copyright complaints
If you believe content on Embrace infringes your copyright, email legal@sendembrace.com with your contact details, a description of the work, where the content appears, a statement that you believe in good faith the use isn’t authorized, a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized to act for the owner, and your signature.
Suspension and ending use
You can stop using Embrace at any time and request account deletion. We may suspend or end your access if you break these terms, if the law requires it, or if continuing would create risk for others. Where reasonable, we will tell you first. Sections that by their nature should continue, such as content responsibilities, disclaimers, and limits on liability, survive.
Disclaimers
We work hard to keep Embrace reliable, but the Service is provided “as is” and “as available.” To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We don’t guarantee that the Service will be uninterrupted or error-free, or that content will never be lost, so keep your own copies of photos and videos that matter to you.
Limitation of liability
To the extent the law allows, GrandConnect.AI Inc. won’t be liable for indirect, incidental, special, consequential, or punitive damages, or for lost data, profits, or goodwill. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim or $50. Some places don’t allow these limits, so they may not apply to you.
Indemnity
To the extent the law allows, you agree to cover reasonable losses and costs we incur from claims that arise from your content or your breach of these terms.
Governing law and disputes
These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. Before filing a claim, please email us so we can try to resolve it informally within 30 days. Any claim that isn’t resolved will be brought in the state or federal courts located in Delaware, and both parties consent to those courts. Nothing here limits rights you have under the consumer protection laws where you live.
Changes to these terms
We may update these terms. We will post changes here and update the date at the top. If a change is material, we will tell you in the app or by another reasonable method before it takes effect. Continuing to use the Service after the change means you accept the updated terms.
General
These terms and our Privacy Policy are the whole agreement between you and us about the Service. If a provision can’t be enforced, the rest remain in effect. Our not enforcing a provision isn’t a waiver. You may not transfer these terms without our consent; we may transfer them as part of a merger, acquisition, or sale of assets.
Contact us
GrandConnect.AI Inc., a Delaware corporation
Email: legal@sendembrace.com