Terms of Service

A. What Customer Content Is

"Customer Content" means everything you provide to or create through the Services, including: (i) the prompts, descriptions, instructions, and other Input you give the AI Tools; (ii) the application code and other Output the AI Tools generate for you; (iii) any files, assets, text, or other materials you upload into a project or Published App; and (iv) End-User Data collected or stored through a Published App's backend. Customer Content does not include Emra Materials or Third-Party Materials (Section 3.B).

B. Your Ownership; Emra Materials; Third-Party Materials

Your ownership. As between you and Emra, you own your Customer Content. Emra does not claim ownership of it. You retain all rights in your Input, and Emra hereby assigns to you all of Emra's right, title, and interest, if any, in and to the Output generated for you, effective upon generation. To the extent that assignment is ineffective under applicable law, Emra grants you a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, distribute, and commercialize that Output for any purpose, and agrees not to assert against you any right Emra may hold in it.

You acknowledge that (i) Output lacking sufficient human authorship may not be protectable by copyright, and Emra makes no representation that Output is copyrightable, original, or non-infringing (see Sections 3.D, 3.E, and 4); and (ii) this Section allocates rights between you and Emra only — it does not create rights against third parties, including where the same or similar Output is generated for other users (Section 3.E).

Emra Materials. Applications built with the Services incorporate Emra Materials — for example, Emra's application template and the platform SDK that connects your app to its backend. Emra Materials are licensed, not assigned. Emra grants you a non-exclusive, worldwide, royalty-free, perpetual license to use Emra Materials solely as incorporated in applications you create with the Services, including in exported copies of those applications. Emra Materials remain Emra's property, and the assignment above does not apply to them.

Third-Party Materials. Your applications and Output may incorporate open-source or other third-party components (for example, libraries your generated app depends on) ("Third-Party Materials"). Third-Party Materials are licensed by their respective owners under their own terms, are not assigned under this Section, and you are responsible for complying with their licenses (Section 4).

C. License You Grant to Emra

To operate the Services, we need permission to handle your Customer Content. You grant Emra, and third-party service providers acting on Emra's behalf, a worldwide, non-exclusive, royalty-free, sublicensable license to access, host, reproduce, modify (for example, to build, compile, and package your application), distribute, transmit, display, store, and otherwise use your Customer Content for the purposes of providing, maintaining, improving, securing, and protecting the Services — including hosting and serving your Published Apps to End Users — consistent with Section 3.F and our Privacy Policy. You represent and warrant that your Customer Content, and Emra's use of it as permitted here, will not infringe or violate any law or any third party's rights, including intellectual-property, privacy, publicity, contract, or trade-secret rights.

D. Accuracy Disclaimer

EMRA OFFERS NO GUARANTEES REGARDING THE ACCURACY, CORRECTNESS, SECURITY, OR FITNESS OF OUTPUT, INCLUDING GENERATED APPLICATION CODE. YOU MUST INDEPENDENTLY REVIEW, TEST, AND VERIFY ALL OUTPUT BEFORE RELYING ON OR PUBLISHING IT. DUE TO THE NATURE OF AI, OUTPUT MAY APPEAR CORRECT YET CONTAIN ERRORS, SECURITY VULNERABILITIES, OR NON-FUNCTIONING CODE. YOU ACCEPT THAT THE SERVICES MAY PRODUCE RESULTS THAT ARE OUTDATED, INCOMPLETE, OR INCORRECT.

E. Output May Not Be Unique

Because of how generative AI works, Output is not guaranteed to be unique. The AI Tools may generate the same or substantially similar Output — including similar application code — for other users ("Third-Party Output"). You acknowledge that you hold no rights or title to Third-Party Output generated for others, and that others may receive Output similar to yours.

F. Model Training and Service Improvement

We may use Customer Content — including your Input, Output, uploaded files, and (where your Published App stores data through Emra's backend) End-User Data and backend contents — together with usage data, to provide, maintain, secure, and improve the Services, including to develop, evaluate, and improve our AI features, systems, and models, and to train them.

Opt-out. You may opt out of the use of your Customer Content (including your Published Apps' backend contents) for AI model training by contacting support@emra.app from your account email; we will honor verified requests for future training runs. Users in the EEA and UK also have a statutory right to object.

If your Published App collects data from End Users or other people, you are responsible for disclosing this use in your app's own privacy notices and for any lawful basis or consent it requires (Sections 6.B and 7.B). The third-party LLM providers that power the AI Tools process your prompts and code to provide the service and do not use them to train their own models under our agreements with them. See the Privacy Policy for details.

G. Monitoring

Emra may review usage and Customer Content — including Published Apps and their content — to operate, secure, and enforce these Terms and the AUP. We are not obligated to monitor, and except as required by law we assume no responsibility or liability for Customer Content, Published Apps, or End-User Data.

A. General Conduct

You must comply with all applicable laws, including export-control and sanctions laws, and with the Acceptable Use Policy, which is incorporated by reference and contains the complete content and conduct standards. In connection with the Services, you must not:

• Bypass or attempt to bypass security controls or authentication.
• Reverse engineer, decompile, or disassemble the Services (except to the extent this restriction is prohibited by applicable law), or attempt to extract Emra's source code or proprietary algorithms.
• Access non-public areas of the Services without authorization.
• Probe, scan, or test the vulnerability of the Services except under the coordinated-disclosure rules in the AUP.
• Disrupt the Services or their infrastructure, including through denial-of-service attacks, flooding, or overloading.
• Resell, sublicense, or provide access to the Services to third parties except as expressly permitted (publishing an app for End Users under Section 6 is permitted).
• Scrape data or automate account creation through unauthorized means.
• Distribute spam, unsolicited promotions, or phishing.
• Spoof identities or manipulate headers or other identifiers.
• Circumvent usage, storage, or rate limits, or billing.
• Infringe or misappropriate any third party's rights, or engage in defamation, fraud, or intellectual-property infringement.
• Commit payment fraud, including illegitimate chargebacks.

B. AI-Specific Prohibitions

In connection with the AI Tools, you must not:

• Generate content or code that infringes or misappropriates third-party rights.
• Use the Services themselves — as opposed to the Output you own — to build, train, or develop a competing product, model, or service (for example, by scraping the builder, its prompts, or its interfaces).
• Represent that Output was reviewed, endorsed, or verified by Emra.
• Misrepresent AI-generated content as solely human-created where doing so is deceptive or unlawful.
• Use the AI Tools for automated decision-making that has legal or similarly significant effects on individuals without appropriate human oversight.
• Use the AI Tools for unlawful, discriminatory, harassing, or abusive purposes.

C. Enforcement

Emra may enforce these Terms and the AUP by removing or disabling content, suspending or limiting access, disabling or removing Published Apps and their backends (Section 6.C), or terminating accounts, in accordance with Sections 12 and 13 and applicable law.

A. Acceptable Use for Published Apps

You are responsible for everything you build and publish. The AUP contains the complete content standards for Published Apps. In particular, you must not build, publish, host, or serve any application that:

• Is unlawful, or facilitates unlawful activity, in any jurisdiction where the app is made available.
• Collects, harvests, or processes personal or other data from End Users unlawfully, deceptively, or without a lawful basis and appropriate notice and consent.
• Constitutes or distributes malware, spyware, ransomware, or other malicious code, or is designed to phish, defraud, deceive, or gain unauthorized access to systems or data.
• Infringes or misappropriates any third party's intellectual-property, privacy, publicity, or other rights.
• Contains or distributes child sexual abuse material, content depicting extreme violence, or content that promotes hate or incites harm against protected groups.
• Facilitates harassment, stalking, or the targeting of individuals.
• Sends spam, unsolicited bulk communications, or phishing to End Users or third parties.
• Impersonates Emra, another person, or another business, or is presented in a way likely to deceive End Users about who operates the app.
• Abuses the hosted backend, including by using it to store or distribute prohibited content, to exceed applicable limits, or in a manner that harms the Services or other users (see the AUP, including its restrictions on regulated data such as health and payment-card data).

B. Builder Responsibilities for Published Apps and End Users

As the operator of your Published App, you are responsible for:

• The lawfulness, content, and operation of your Published App, and for its compliance with all applicable laws.
• Providing your End Users with any legally required terms, notices, privacy policy, and consents for your Published App — including any disclosures required for the data uses described in Section 3.F. Emra's Terms and Privacy Policy govern your relationship with Emra; they do not serve as the terms or privacy policy for your Published App or its End Users.
• Your End Users' use of your Published App, and for handling End-User inquiries, disputes, and complaints relating to your app.
• Securing your Published App and its data to the extent within your control, including reviewing generated code for vulnerabilities before publishing (Section 4).

C. Emra's Right to Review, Disable, and Remove

Emra may, but is not obligated to, review Published Apps and their content. Emra may disable, restrict, suspend, or remove any Published App, its backend, or any content — with or without notice — where Emra reasonably believes it violates these Terms, the AUP, or applicable law, poses a security or legal risk, or harms End Users, third parties, or the Services. Where practicable and lawful, Emra will provide notice and an opportunity to cure. Emra is not liable to you or your End Users for taking such action in good faith.

D. Takedowns and Reports

Emra maintains a process for reporting Published Apps and content that violate these Terms, the AUP, or the law. Report abuse to support@emra.app with the app URL and enough detail to locate and evaluate the material; report copyright infringement under Section 22. We review reports, may request more information, and may act under Section 6.C. Where required by law, we will acknowledge notices, communicate reasoned decisions to the reporter, and provide the affected Builder a statement of reasons. Repeat or egregious violators may be suspended or terminated (Sections 13 and 22).

A. Hosting

When you publish an application, Emra hosts and serves it — including its app bundle and its backend for authentication, data storage, and file uploads — using Emra's infrastructure and third-party providers (Section 9). Availability, performance, and retention of Published Apps and their data are subject to these Terms, including the disclaimers in Section 14 and the limitations in Section 15.

B. End-User Data and the Data Processing Addendum

Where your Published App collects, stores, or processes personal data through Emra's backend, you act as the controller (or equivalent) of that data, and Emra acts as a processor (or equivalent) that processes it on your behalf to provide the backend. You are responsible for the lawfulness of your collection and use of that data, including providing all required notices and obtaining all required consents. The DPA governs this processing and is incorporated by reference where it applies — including the service-improvement and AI-training terms described in Section 3.F and your opt-out. You can obtain a copy of the DPA at support@emra.app.

C. Data Portability and Deletion

You may export and download your Customer Content while your account is active and during any freeze period described in Section 13.A, using export tools we make available or by requesting an export at support@emra.app; we will provide it in a commonly used, machine-readable format within a reasonable time. On cancellation, non-payment, or account closure, your content is handled per the freeze-and-deletion process in Section 13.A.

A. Termination and Suspension

You may stop using the Services at any time. Emra may suspend or terminate your access for breach of this Agreement (including the AUP), risk of harm to the Services, other users, or third parties, or account dormancy (no login for 12 consecutive months). If Emra discontinues a paid Service you are actively subscribed to, we will provide reasonable notice and a pro-rated refund of prepaid, unused fees, except where prohibited by law.

Freeze, export, and deletion of your content. If your subscription is cancelled, lapses, or you stop paying, we freeze your workspace: it becomes read-only, and new builds and runs are paused. During the freeze you may still export and download your Customer Content (Section 7.C). We retain your Customer Content for a limited wind-down period after the freeze begins, after which it becomes eligible for permanent deletion; we will attempt to notify you at your registered email before permanent deletion occurs, and deleted content may persist in encrypted backups for a limited period before purging. Published-App backends and End-User Data follow the same timeline. Because we cannot store content indefinitely, we reserve the right to freeze, suspend, or delete accounts, Published Apps, backends, and content where we detect repeated non-payment, chargeback abuse, or attempts to circumvent storage, usage, or billing limits — including repeatedly cycling between paid and unpaid status to obtain storage or Services without paying for them. Freezing may take your Published Apps and their backends offline.

B. Survival

Provisions that by their nature should survive termination — including those governing ownership, licenses granted to Emra, disclaimers, limitations of liability, indemnification, and dispute resolution — survive termination of this Agreement.

A. Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES, ANY OUTPUT, OR ANY PUBLISHED APP; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES, INCLUDING END USERS OF PUBLISHED APPS; (C) ANY CONTENT OR CODE OBTAINED FROM THE SERVICES, INCLUDING ANY OUTPUT; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CUSTOMER CONTENT, OR END-USER DATA. THE COMPANY ASSUMES NO LIABILITY FOR ANY ERRORS OR INACCURACIES IN ANY CONTENT OR OUTPUT, ANY INTERRUPTION OR CESSATION OF THE SERVICES, ANY BUGS, VIRUSES, OR MALICIOUS CODE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY, OR ANY LOSS OR DAMAGE INCURRED FROM CONTENT MADE AVAILABLE THROUGH THE SERVICES. THE COMPANY HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY SERVICES.

B. Aggregate Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICES — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU PAID EMRA FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (B) ONE HUNDRED U.S. DOLLARS (US$100). THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS ARISING UNDER OR RELATING TO THESE TERMS, THE DPA, AND THE SERVICES; THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE IT.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — including, where applicable, liability for fraud or fraudulent misrepresentation, willful misconduct, or death or personal injury caused by negligence.

C. EU Users

IF YOU ARE AN EU USER, THE COMPANY IS LIABLE UNDER STATUTORY PROVISIONS FOR INTENT AND GROSS NEGLIGENCE BY THE COMPANY, ITS LEGAL REPRESENTATIVES, DIRECTORS, OR OTHER VICARIOUS AGENTS. AN "EU USER" MEANS A NATURAL PERSON ACTING FOR PURPOSES OUTSIDE THEIR TRADE, BUSINESS, CRAFT, OR PROFESSION WHO HABITUALLY RESIDES IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM.

A. Billing

Certain features require payment ("Paid Offerings"). Subscriptions auto-renew until cancelled. Annual plans receive renewal notifications. You are responsible for applicable taxes. Mandatory local cancellation rights are unaffected.

B. Cancellation

You may cancel Paid Offerings at any time; cancellation takes effect at the end of the current billing period. You can cancel from your account's billing settings or by contacting support@emra.app. Refunds are provided only where legally required. Non-payment or cancellation freezes your workspace and may take your Published Apps and their backends offline, and your content is retained then deleted per the freeze-and-deletion process in Section 13.A.

C. Payment Processing

Payments are handled by a third-party payment processor (currently Stripe), subject to its terms and privacy policy.

D. Fee Changes

Renewal pricing may change with reasonable advance notice by email or in-app, giving you time to cancel before a price increase takes effect.

E. Credits

Some features consume Credits — prepaid usage units granted with a subscription or purchased in one-time packs. Credits do not expire, and unused Credits roll over across billing periods (for example, ending a period with 30 Credits and receiving a 100-Credit renewal grant leaves you with 130). Credits are a limited right to use the Services, not money or property; they have no cash value and are non-transferable; and they are usable only while your account has access to the features that consume them (for example, not while your workspace is frozen under Section 13.A). Refunds for Credits are provided only where legally required (Section 16.B). On termination for your breach, unexpired Credits are forfeited.

A. Responsibility for Authorized Users

You are responsible for all acts and omissions of your Authorized Users, including Collaborators in your workspace. Any act or omission by an Authorized User that would breach these Terms if done by you is deemed your breach. You will make your Authorized Users aware of the parts of these Terms that apply to their use of the Services and will ensure they comply.

B. Sharing and Cloning Apps

The Services let you share applications with others — including via share links — and let others clone or reuse an application you have shared. When you share, publish, or make an application available for others to clone or reuse:

• You are responsible for having the rights to share what you share, and for ensuring the shared content and the app's behavior comply with these Terms and the AUP.
• Anyone with a valid share link may access what the link exposes while it remains valid — treat share links accordingly.
• A shared or cloned application may run an application's code while reading or writing a different account's data, according to how the sharing feature is configured; a cloned app operates on the recipient's own data going forward. You are responsible for understanding which data your shared or cloned app can access and for not exposing data you are not authorized to share.
• Some shared or cloned applications may in the future carry license terms designated by their creator; where an application is expressly accompanied by such terms, those terms govern your use of that application's code to the extent they conflict with the default rights in Section 3.B.
• Emra is not responsible for how recipients of a shared or cloned application use it.

C. Recipients' Own Obligations

A person who receives, clones, or reuses a shared application, or who uses it as an End User, is bound by these Terms with respect to their own use of the Services.

A. Informal Resolution

Before starting a formal proceeding, you agree to first try to resolve the dispute informally by contacting us at support@emra.app. If the dispute is not resolved within 60 days, either party may begin formal proceedings.

B. Judicial Forum

You and the Company agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought exclusively in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both parties consent to venue and personal jurisdiction in those courts. If you reside in a country whose laws give consumers the right to bring disputes in their local courts, this paragraph does not affect those rights.

C. Mandatory Arbitration

IF YOU ARE A RESIDENT OF THE UNITED STATES, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

You and the Company agree to resolve any claims relating to or arising out of these Terms or the Services through final and binding individual arbitration by a single arbitrator, except as set forth under "Exceptions" below. This includes disputes about the interpretation, scope, enforceability, revocability, or validity of this Section. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claims, and may not award relief on behalf of others or the general public.

Opt Out. You may decline this agreement to arbitrate by contacting the Company at support@emra.app within 30 days of first registering your account or agreeing to these Terms.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules, available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in the U.S. county where you live or work, in San Francisco, California, or at any other location the parties agree to.

Arbitration Fees. The AAA rules govern payment of arbitration fees, including rules regarding frivolous or improper claims.

Batch Arbitration. If 25 or more demands for arbitration are filed against the Company raising similar claims, and counsel for the claimants are the same or coordinated, the parties agree that the AAA's Mass Arbitration Supplementary Rules (or successor rules) will apply, and the demands will be administered in batches of up to 50 per arbitrator, with applicable statutes of limitation tolled from the filing of the first batch until each claimant's demand is resolved.

Exceptions. Either party may bring qualifying claims in small-claims court in San Francisco, California, or in any U.S. county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or intellectual-property infringement (for example, trademark, trade-secret, copyright, or patent) without first arbitrating or completing the informal process above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco, California.

D. No Class or Representative Actions

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE PROHIBITED.

E. Severability

If any part of this Section is found illegal or unenforceable, the remainder remains in effect — except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a claim or seek relief that the arbitrator cannot redress or award under this Section (including public injunctive relief), then only that claim or request may be brought in court, and both parties agree that litigation of any such claim will be stayed pending resolution of any individual claims in arbitration.

A. Copyright Agent

Send copyright notices and counter-notices to: Copyright Agent, Emra Tech, Inc., 84 Crestview Ave, Daly City, CA 94015, phone: 916-865-9844, email: dmca@emra.app.

B. Infringement Notices

To be effective under 17 U.S.C. §512(c)(3), your notice must include:

1. your physical or electronic signature (or that of a person authorized to act for the copyright owner);
2. identification of the copyrighted work(s) claimed to be infringed;
3. identification of the material claimed to be infringing and information reasonably sufficient to locate it (for Published Apps, the app URL and the specific content);
4. your contact information (address, telephone number, and email);
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
6. a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner's behalf.

Upon receiving a valid notice, we will expeditiously remove or disable access to the identified material (which may include unpublishing an app), notify the responsible Builder, and record the event under our repeat-infringer policy.

C. Counter-Notices

If your material was removed and you believe this was a mistake or misidentification, you may send our Copyright Agent a counter-notice including: (1) your physical or electronic signature; (2) identification of the removed material and where it appeared before removal; (3) a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification; and (4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your district (or, if outside the United States, any judicial district in which the Company may be found) and that you will accept service of process from the person who filed the original notice or their agent. Unless the original claimant notifies us within 10 business days that it has filed a court action seeking to restrain the alleged infringement, we will restore the removed material within 10–14 business days after receiving a valid counter-notice.

D. Repeat Infringers; Misrepresentation

We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers, and may treat repeated uncontested takedowns against an account as grounds for suspension or termination without refund. Knowingly materially misrepresenting that material is infringing, or that it was removed by mistake, can expose you to liability under 17 U.S.C. §512(f). Complaints that are not copyright claims (for example, trademark or impersonation) should be reported under Section 6.D instead.