Understand how you feel. Know what to do next.

This Privacy Policy explains how Emotional Technologies LLC, a State of Florida LLC Corporation, addressed at 2255 S, Miami Ave, Miami FL 33129 (hereinafter, "Emotionall," "we," "us," or "our") collect, use, share and process your information as well as the rights and choices you have associated with that information. This Privacy Policy applies to all personal information collected during any written, electronic, and oral communications or collected online, through our mobile application Emotionall Mobile Application (“the App”), our website (“the Site”) as well as any other written, electronic, and oral communications with Emotionall and its representative parties relating to your use of the App and the Emotionall services (the “Services”). Please note that all payments on the Emotionall App are processed by third-parties payments processor as described in Section 11. This Policy does not apply to other websites that may be linked to or from this App or Services, and does not cover information that may be collected through software downloaded from this App or Services; nor does this Privacy Policy apply to practices of entities that we do not control or to people we do not employ or manage.

Please read our Terms and of Service and this Policy before accessing or using our Services. If you cannot agree with this Policy or the Terms of Service, please do not access or use our Services. If you are located in a jurisdiction outside the European Economic Area, Switzerland or the United Kingdom (“European Countries”), by using our Services, you accept the Terms of Service and accept our privacy practices described in this Privacy Policy.

We may modify this Policy at any time, without prior notice, and changes may apply to any personal information we already hold about you, as well as any new personal information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. We will provide you with advanced notice if we make any material changes to how we collect, use or disclose your personal information that impact your rights under this Policy. If you are located in a jurisdiction other than the European Countries, your continued access or use of our Services after receiving the notice of changes, constitutes your acknowledgement that you accept the updated Privacy Policy.

In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

1. Personal Information We May Collect

We collect personal information when you use our Services, create an account with us or submit personal information when requested with the App. Personal information generally is any information that relates to you, identifies you personally or could be used to identify you, such as your name, email address, phone number, address and payment account number. The definition of personal information varies by jurisdiction. Only the definition that applies to you based on your location applies to you under this Privacy Policy. Personal information does not include data that has been irreversibly anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you.

The types of personal information that we may collect about you include:

A. Information You Directly and Voluntarily Provide to Us to execute the purchase or services contract. We collect your personal information you give us when you register in the App or use our Services. This information will include your first and last name, gender, age, country, mailing address, email address, phone number, password, payment account or credit

card information. In some regions, passport information and tax numbers are also needed for customer clearance. We may also collect personal information when you communicate with any of our departments such as customer service, or when you complete online forms or surveys provided on the App. You may also choose to provide your email address to us if you would like to receive information about the products and services that Emotionall offers.

B. Information You Post on the App. If you post information on public areas of the App, that information may be collected and used by Emotionall, users of the App, and the public generally. We strongly recommend that you do not post any information through the App that allows strangers to identify or locate you or that you otherwise do not want to share with the public.

C. Information Automatically Collected Through the App. If you access the App through a mobile device, we may be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer. Please see section 2 below to learn more about our automatic Personal information processing activities. We also may obtain information about you, if you create or log into your account through a social media service account. In these cases, we will have access to certain information from that account, such as your name and other account information, in accordance with the authorization procedures set by that social media authentication service.

D. Combination and automated information. We may also combine the information we collect among our services and across your devices and use different technologies to process your information for the purposes described above. We also use automated systems to assess the security of your account and provide you suggestions to improve the security of your account.

E. Health Data. We may also collect information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition (“Health Data”). This Health Data is collected for the purposes of providing the Services to you or providing you with analytics about your wellbeing. Your Health Data will not be used for any other purposes, nor will it be combined with other data.

2. Cookies and Other Tracking Technologies

We may use cookies, tags, and similar technologies to automatically collect information on our App and/or Site. These tracking technologies allow our technology partners to collect information including your IP address, your mobile device identifier, the type of internet browser you are using, operating system, referral URLs, date/time stamps, pages viewed, and simple keyword tags. Cookies or tags are bits of code that allow our technology partners to collect information including your IP address, your mobile device identifier, the type of internet browser you are using, operating system, referral URLs, date/time stamps, pages viewed, and simple keyword tags. We also use web pixels to analyze usage patterns on our App.

The technologies we may use for this automatic data collection may include:

● Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our App or the Site.

● Flash Cookies. Certain features of our App or Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on

our App or Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.

● Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).

● Analytics. We may use third-party service providers to monitor and analyze the use of our App or Site. We may use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout.

● Do Not Track (“DNT”). Is a preference that you can set in certain web browsers. This is a way for you to inform us that you do not want information about your accesses to be collected. Our Site does not currently process or respond to DNT signals received for multiple web browsers.

● Location Information. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third-parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.

3. How We Use Your Personal Information

We will only use your personal information as described in this Privacy Policy or as disclosed to you prior to such processing taking place.

A. To Provide You Our Services. We will use your personal information to provide information or perform Services that you request, including managing your request as a registered user of our App or Site. If the applicable information is to be provided or Services are to be performed by a third party, then we will disclose the applicable information to the third party providing the information or performing applicable Services. All third parties that we work with are contractually obligated to protect your information as disclosed in this Privacy Policy.

B. For Internal Use. We use your personal information for the purposes of furthering our business, including improving our App's content and functionality by analyzing where, on which types of devices and how our App is used, how many visitors we receive, and where they click through to the App from. We also use it to remember you in case you re-visit our Site, so we will know if you have already been served with surveys, or (where Site content is undergoing testing) which version of the content you were served.

C. To Provide You with Service-Related Communications. We will send you administrative or account-related information to keep you updated about your account and the Services. Such communications may include information about Privacy Policy updates, confirmations of your account actions or transactions, security updates or tips or other relevant transaction-related

information. We process your contact information to send you such communications. Service-related communications are not promotional in nature. Please consider that we do need to send you certain communications related to the Services, such as communications regarding updates to our Terms of Service or this Privacy Policy, and you will not be able to opt out of those communications. If you sign up to receive promotional materials from us via email, we will use the information you give us to provide the communications you have requested. You will have the opportunity to opt-out; if you no longer wish to receive push notifications, you may turn them off at the device level.

D. To Provide Customer Support or Respond to You. We collect any information that you provide to us when you contact us. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of the Services.

E. To Ensure the Security of the Services. We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your personal information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information. We cannot ensure the security of our Services if we do not process your personal information for security purposes.

F. To Enforce Compliance with Our Terms and Agreements or Policies. When you access or use our Services, you are bound to our Terms of Service. To ensure you comply with them, we may process your personal information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our App. Subject to the applicable law, we may also process your personal information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies and enforce our agreements with third parties and business partners.

G. To Maintain Legal and Regulatory Compliance. Our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to pay our taxes, to fulfill our business obligations, ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law. Without processing your personal information for such purposes, we cannot perform the Services in accordance with our legal and regulatory requirements.

4. Health Data

We will only use your Health Data for the purposes of providing the Services to you, Your Health Data will not be used for any other purposes, nor will it be combined with other data. We will not use or disclose to third parties Health Data for advertising, marketing, or other use-based data mining purposes other than improving health management, or for the purpose of health research, and then only with your permission.

The specific Health Data that we are collecting from you is the following:

● Moods or affective states ● Sleep habits ● Eating habits ● Sexual activities ● Physical Exercise ● Menstruation ● Work routines

If you use an Apple device then it may contain the Apple 'HealthKit' functionality and API, which enables various apps to record and share data about your health and wellbeing if you authorize or require them to do so. If you authorize us, we may use Apple's HealthKit APIs to read certain data from the Health Data database on your device.

If you use an Android device then it may contain the Google Fit functionality and API, which is a central repository that stores data from a variety of devices and apps and could share Health Data if you authorize or require them to do so. If you authorize us, we may use Google Fit API’s to read certain data from the Health Data database on your device,

We will not use Health Data gained through the use of HealthKit, Google Fit or any other application for advertising or similar services. Emotionall will not disclose any Health Data to third parties without express permission from the user. Emotionall do not sell Health Data to advertising platforms, data brokers, or information resellers.

5. Sharing Your Personal Information

Other than sharing your personal information so that you can use our Services, or as required or permitted by law, we do not share personal information about you with non-affiliated third parties. We may disclose your personal information as described below.

A. Third Parties. We may share your personal information with third-party service providers acting on our behalf to help us operate our Services. Service providers and vendors provide us with support services such as website hosting, email delivery, analytics services, conducting surveys and research, and performing network maintenance. These third parties can only use your data in accordance with our written instructions and must comply with the information security protections we have put in place.

B. To Maintain Legal and Regulatory Compliance. We have the right to disclose your personal information as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on Emotionall. If there is a takeover, sale or purchase of our business, we may disclose your personal information to the new (or prospective) owner of the business.

C. Third Party Advertisers. In certain circumstances, and subject to the applicable law, we may share your personal information with third parties to market their products or services to you.

D. Consent. We may disclose your personal information for any purpose with your consent.

Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide your personal data to us, we may transfer your personal data to the United States and process it there. If you would like more information about how your personal data is transferred, contact us at support@emotionall.co

6. Data Minimization and Access

We only request access to data and information relevant to the core functionality of the App and we only collect and use data that is required to accomplish its purposes .We respect your permission settings and we will not attempt to manipulate, trick, or force you to consent to unnecessary data access.

7. Security Precautions

We maintain physical, electronic, and procedural safeguards designed to guard and prevent misuse of your personal information. Our security measures include industry-standard physical, technical and administrative measures to prevent unauthorized access to or disclosure of your information, to maintain data accuracy, to ensure the appropriate use of information, and otherwise safeguard your personal information. We restrict access to your non-public personal information to those employees and third parties who need such information to provide products or Services.

Please recognize that protecting your personal information is also your responsibility. We ask you to be responsible for safeguarding your password, secret questions and answers and other authentication information you use to access our Services. We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you from unauthorized access, use or disclosure. No method of transmitting information over the Internet or storing information is completely secure and accordingly, we cannot guarantee the total security of any information.

If you feel that the security of your account or personal data has been compromised, please immediately contact us at the following email address support@emotionall.co. Please be aware that, despite our best efforts, no security system is impenetrable. In the event of a security breach, we will promptly notify you and the proper authorities if required by law.

8. Your Rights

We take reasonable steps to ensure that your personal information is accurate, complete, and up to date. You have the right to

● Access: You may, at any time, request access to the personal information that we process or storage about you. ● Correct: You may, at any time, request that we correct personal data that we hold that it is incorrect or inaccurate. ● Delete: Also known as the right to be forgotten, you may require us to erase personal information if you do not consider that we need to continue retaining it. ● Refuse: You may refuse to the processing of your data or personal information. We process your personal information on the basis of a legitimate interest. You are entitled to ask us to stop processing it. ● Portability: If you want to transfer certain personal data that we hold about you, which is processed by automated means, to a third party you may write to us and ask us to provide it to you in a commonly used format. ● Stop receiving communications: if we send you e-mail marketing communications or other electronic messages, you have the right to opt-out at any time. You can do this by using the “unsubscribe” link that appears in the communications or by the equivalent mechanism in those communications.

To protect the privacy and the security of your personal information, we may request data from you to enable us to confirm your identity and right to access such data, as well as to search for and provide you with the personal data we maintain. There are instances where applicable laws or regulatory requirements allow or require us to refuse to provide or delete some or all of the personal information that we maintain. You may Contact Us to exercise your rights. You may update certain account information by logging into the App or contacting us at support@emotionall.co. If you wish to disable your account, please contact us at support@emotionall.co, but please bear in mind that we retain certain information when it is required or permitted by law.

9. Retention

We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

If you send us correspondence, including emails, we may retain such information electronically in the records of your account. We will also electronically retain customer service correspondence and other correspondence from Emotionall to you. We may retain these records to measure and improve our customer service and to investigate potential fraud and violations. We may, over time, delete these records as permitted by law.

Emotionall will also retain App and Services usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our App and/or Site, or we are legally obligated to retain this data for longer periods.

10. Third-Party Websites

Our App or Site may contain links to third-party websites. This Privacy Policy does not apply to those third-party sites. We recommend that you read the privacy statements of any other sites that you visit, as we are not responsible for the privacy practices of those sites.

11. Third Parties Payment Processing

When you make acquisitions or purchases through the App, we process your payment through a third-party payment application, such as Apple App Store, Google Play App Store and other third-parties payment processors, such as Stripe and PayPal. These third parties may collect certain personal and financial information from you to process the payment on our behalf. Please bear in mind that This Privacy Policy does not apply to those third-party payment processors.

12. Children

Our Services are not directed to, and we do not knowingly collect personal information from, individuals under the age of 18 or the age of majority in your province, territory or country. If you do not fulfill this requirement, please do not attempt to fill out our forms or send any personal information about yourself to us. If we become aware that an individual under 18 or the age of majority in your province, territory or country has provided us with personal information, we will take steps to delete such information from our files.

13. Notice for California Residents

This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018, as amended (“CCPA”), below is a summary for the last twelve (12) months of the personal information categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect the personal information, where we obtain the personal information, and the third parties that we may share the personal information.

We generally collect the following categories of personal information when you use our Services:

i. identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices; ii. commercial information such as records of products or services purchased, obtained, or considered by you; iii. internet or other electronic information regarding your browsing history, search history, the web page visited before you came to our Site, length of visit and number of page views, click-stream

data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information; iv. your geolocation, to the extent you have configured your device to permit us to collect such information; v. audio recordings of your voice to the extent you call us, as permitted under applicable law; and vi. inferences about your preferences, characteristics, behavior and attitudes.

We collect your personal information for the business purposes described in section 3. The CCPA defines a “business purpose” as the use of personal information for the business’s operational purposes, or other notified purposes, provided the use of personal information is reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or another operational purpose that is compatible with the context in which the personal information was collected.

The categories of third parties with whom we may share your personal information are listed above in section 5, above.

If you are a California resident, you have rights in relation to your personal information; however, your rights are subject to certain exceptions. For instance, Emotionall cannot disclose specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the personal information, your account with us or the security of our network systems. To assert your right to know or your right to delete your personal information, please contact us by email at support@emotionall.co. To confirm your identity, we may ask you to verify personal information we already have on file for you. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.

Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.

Right to Know. You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties' direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific personal information we collected about you during the 12 months before your request.

Right to Delete. You have the right to request us delete any personal information we have collected from you or maintain about you, subject to certain exceptions.

Right to Opt-Out of Selling. You have the right to opt-out of having your personal information sold. We do not sell your personal information. The CCPA broadly defines “personal information” and “selling” such that sharing identifiers linked to you for a benefit may be considered a sale. As noted above, you have the right to know the categories of personal information that we sold about you and the categories of third parties with whom we shared such information.

In addition, California Civil Code permits customers of Emotionall who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. In your request, please specify that you want a “California Shine the Light Notice.”

14. Notice to Individuals in European Countries

This section only applies to individuals using or accessing our Service while located in European Countries at the time of data collection. Pursuant to the EU’s General Data Protection Regulation (“GDPR”), personal information is referred to as personal data. For the sake of clarity references to personal information in this Policy concerns personal data in the sense of the GDPR.

We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in European Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in a European Country.

Our Relationship to You. Your personal information is collected and processed by Emotionall, who is the Controller of the data. This means that we are responsible for processing and protecting your personal data.

Legal Bases for Processing Your Personal Information. We rely on the following legal bases under the GDPR in processing your personal information.

Our legal basis to process personal information for the following sections of this Privacy Policy is your consent.

Section 2 In relation to mobile Advertising and third-party advertising and analytics cookies, that collect your personal information, as described in that Section.

i. Section 5(C) Third Party Advertisers ii. Section 5(D) Consent

Our legal basis to process personal information for the following sections of this Privacy Policy is to provide our Services to you. Our processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract.

i. Section 3(A) To Provide You Our Services ii. Section 3(C) To Provide You with Service-Related Communications iii. Section 3(D) To Provide Customer Support or Respond to You iv. Section 5(A) Third Parties

Our legal basis to process personal information for the following sections of this Privacy Policy is our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services.

i. Section 3(B) For Internal Use

Our legal basis to process personal information for the following sections of this Privacy Policy is to comply with our legal obligations, or your vital interest.

ii. Section 3(E) To Ensure the Security of the Services iii. Section 3(F) To Enforce Compliance with Our Terms and Agreements or Policies iv. Section 3(G) To Maintain Legal and Regulatory Compliance v. Section 5(B) To Maintain Legal and Regulatory Compliance

Marketing. We will only contact you if you are located in a European Country by electronic means (including email, push notification or SMS) based on our legitimate interests, as permitted by applicable

law or your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at support@emotionall.co.. You can object to direct marketing at any time and free of charge.

Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at support@emotionall.co.

You can request access or deletion of your personal information, subject to certain exceptions.

You can correct or update your personal information, object to processing of your personal information, ask us to restrict processing your personal information or request portability of your personal information.

If we collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to a data protection authority about our collection and use of your personal information.

If you believe we have infringed or violated your privacy rights, please contact us at support@emotionall.co so that we may resolve your dispute directly.

Transfer of Your Personal Information. When you access or use our Services, your personal information may be processed or transferred outside the European Countries, including to the United States. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. For these transfers we rely on appropriate safeguards as permitted under the GDPR such as Standard Contractual Clauses, and/or we transfer the personal information pursuant to Article 49 (1) (b) GDPR to provide our Services pursuant to the Terms of Service. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services. For further details about these transfers and the safeguards that we use to facilitate such transfers, contact us at support@emotionall.co

15. AI Feature Data Processing

When you use our AI-powered chatbot features and provide consent, we transmit certain user-generated content to our third-party AI service provider, OpenAI (OpenAI API), to generate responses and enable semantic search functionality. This may include your current chat message, prior conversation history (including user and assistant messages), associated emotion labels, assessment or emotional state markers, relevant contextual snippets used for response ranking, and full message text used for semantic indexing (embeddings). We do not intentionally transmit structured identifiers such as your name, email address, account ID, or device ID to OpenAI. However, any personal information you include within your message text will be transmitted as part of that content. AI data is shared solely for providing app functionality and only after you provide explicit consent.

16. Contact Us

If you have questions or concerns regarding any information in this Privacy Policy, please contact us by email at support@emotionall.co. You can also contact us via our customer service Platform at our App and Site.

Your acceptance of these Terms of Service with Emotional Technologies LLC (“Emotionall” “we” “us” “our”), is required in order to allow you to access and use the “Service(s)”, defined as the Emotionall services as enable by the Emotionall application and/or website (“App”), including the content and the functions that Emotionall makes available to you. If you do not agree to these Terms of Service or our Privacy Policy, please do not use the App.

PLEASE READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY CAREFULLY, AS THEY GOVERN YOUR USE OF THE APPLICATION AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND EMOTIONALL.

By clicking “I Accept” or by using the App, you agree to these Terms of Service, including the mandatory arbitration provision in section 10. If you violate any of these Terms of Service, your permission to use the Services automatically terminates, unless such violation is waived by us in writing in our sole discretion.

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the App and use our Services. In this regard, all registered users must be over 18 years of age or the age of majority in their province, territory or country; children shall not be permitted to register or use the App or our Services.

1. Introduction

1.1 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on our website and indicate at the top of this page the date these terms were last revised or, in case the change is regarding Section 10 (Binding Arbitration), we will notify you by email about these changes. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except those changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

1.2 Privacy: At Emotionall, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

2. Access and Use of the Service

2.1 Use Description and License Grant: The Emotionall Service, and any content viewed through our App, is solely for your personal and non-commercial use. With your Emotionall acquisition and use, we grant you a limited, non-exclusive, non-transferable, license to access the Emotionall content through the App. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances. Emotionall may revoke your license at any time in its sole discretion, if Emotionall considers that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the App, as well as copies of such materials, whether made in accordance with these Terms of Service, or otherwise.

2.2 Your Registration Obligations: You may be required to register with Emotionall in order to access and use certain features of the App and/or the Services. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about

yourself as prompted by the App’s registration form. Registration data and certain other information about you are governed by our Privacy Policy

2.3 Member Account, Password and Security: You will be allowed to provide your username information inserting your name, surname, email and password ("Sign-On Credentials"). You are wholly responsible for maintaining the confidentiality of your Sign-On Credentials and wholly liable for all activities occurring under such Sign-On Credentials. You may never use another's account, and you may not provide another person with the username and password to access your account. You agree to (1) immediately notify Emotionall of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session when accessing the App. Emotionall will not be liable for any loss or damage arising from your failure to comply with this Section.

2.4 Modifications to Service: Emotionall reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Emotionall will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any information in your account or submitted content for any period of time beyond what may be required by applicable law.

2.5 General Practices Regarding Use and Storage: You acknowledge that Emotionall may establish general practices and limits concerning use of the App and the Service, including without limitation the maximum period of time that data or other content will be retained by the App and the Service, the maximum storage space that will be allotted on Emotional' servers on your behalf. You agree that Emotionall has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Emotionall reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Emotionall reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

3. Conditions of Use

3.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the App and the Service. Emotionall reserves the right to investigate and take appropriate legal action against anyone who, in Emotionall's sole discretion, violates this provision, including without limitation, removing the offending content from the App, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree not to use the Service in order to:

i. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Emotionall, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Emotionall or its users to any harm or liability of any type;

ii. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service and the App;

iii. violate any applicable local, state, national or international law, or any regulations having the force of law;

iv. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;

v. harvest or collect email addresses or other contact information of other users from the App and/or the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

vi. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

vii. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

viii. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

3.2 Fees: To the extent the App, the Service, or any portion thereof, is made available for any fee, you will be required to select a payment plan and provide Emotionall information regarding your credit card or other payment instrument (“Payment Information”). You represent and warrant to Emotionall that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Emotionall the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. You hereby authorize Emotionall to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. Fees for the Services are not refundable. If you choose to acquire the Services (hereinafter “Transaction”) , you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Emotionall may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.

Your order is not binding on Emotionall until it is accepted and confirmed by Emotionall. All payments made are non-refundable and non-transferable except as expressly provided in these Terms of Service. If you have any concerns and objections and dispute any charges, you must let Emotionall know within fifteen (15) days after the date that Emotionall charges you, and you agree to raise them with us first and also you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Emotionall. Emotionall reserves the right to not process or to cancel your Transaction in certain

circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Emotionall deems appropriate in its sole discretion. Emotionall also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Emotionall will either not charge you or refund the charges for orders that we do not process or cancel. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Emotionall's net income.

3.3 Subscription Automatically Renew and How to Cancel Your Subscription: All amounts are payable and charged for monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly subscription before it renews to avoid the billing of the fees for the next subscription period. If you purchase your subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at support@emotionall.co. If you purchase your subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current subscription period.

3.4 Changes to Price Terms for Subscription: We reserve the right to change Emotionall prices and pricing terms for subscription at any time and Emotionall will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Emotionall’s prices and pricing terms then you may choose not to renew your subscription in accordance with the section 3.3 “Subscriptions Automatically Renew & How to Cancel Your Subscription”. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.

3.5 Future Functionality: You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Emotionall regarding future functionality or features.

3.6 Special Notice for International Use; Export Controls: Software (as defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

3.7 Commercial Use: You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

4. Intellectual Property Rights

4.1 Service Content, Software and Trademarks: You acknowledge and agree that the App contains content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Emotionall, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the App, the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the App. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data

gathering or extraction methods. If you are blocked by Emotionall from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the App, the Service or distributed in connection therewith are the property of Emotionall, our affiliates and our members (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by, or assigned to, Emotionall.

The Emotionall name and logos are trademarks and service marks of Emotionall, its affiliates, or members (collectively the “Emotionall Trademarks”). Other Emotionall, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Emotionall. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Emotionall Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Emotionall Trademarks will inure to the exclusive benefit of Emotionall, its affiliates or members.

4.2 User Content Transmitted Through the App: With respect to the content or other materials you upload through the App or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights.

By uploading any User Content you hereby grant and will grant Emotionall, its affiliated companies, members and partners (including but not limited to Emotionall instructors, counselors, practitioners and other third parties providing instructional information through the App, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods, now known or later developed, and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service and/or the App (“Submissions”), provided by you to Emotionall, its affiliated companies, members, or partners are non-confidential and Emotionall, its affiliated companies, members, and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Emotionall may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Emotionall, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4.3 Infringer Policy: In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable law, Emotionall has adopted a policy of terminating, in appropriate circumstances and at Emotionall' sole discretion, memberships of users who are deemed to be intellectual property rights

infringers. Emotionall may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others.

5. Third Party Websites.

The Service may provide links or other access to other sites and resources on the Internet. Emotionall has no control over such sites and resources and Emotionall is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Emotionall will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.

6. Social Networking Services.

You may enable or log in to the App via various online third-party services, such as social media and social networking services, like Facebook, Twitter or Instagram (“Social Networking Services”). In addition, Emotionall is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Emotionall is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Emotionall enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

7. Indemnity and Release.

To the fullest extent permitted by law, you agree to release, indemnify and hold Emotionall and its affiliates and their members, officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which establishes that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

8. Disclaimer of Warranties

8.1 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Except as otherwise expressly provided herein, Emotionall expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

8.2 Emotionall makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

9. Limitation of Liability

9.1 You understand and agree that the Services, and any other information you learn from Emotionall are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Please bear in mind that not all activities described on the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention

and concentration. You understand and agree that you are solely responsible for your use of the Services.

9.2 To the fullest extent permitted by applicable law, you expressly understand and agree that Emotionall will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Emotionall has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service or the App; or (v) any other matter relating to the Service. In no event will Emotionall’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Emotionall in the last six (6) months, or, fifty dollars ($50), if you have not had any payment obligations to Emotionall, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Emotionall and you.

9.3 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the App and the Service.

10. Binding Arbitration

10.1 If you have any dispute with us, you agree that before taking any formal action, you will contact us at Emotionall, and provide a brief, written description of the dispute and your contact information (including your username if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

10.2 All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by binding arbitration to be conducted before the American Arbitration Association according to its Arbitration and Conciliation Rules, by one (1) arbitrator proficient in both English and Spanish languages who will decide according to law, with the arbitration seat located in Miami, Florida.

10.3 The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

10.4 Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.

10.5 You have the right to opt out and not be bound by the arbitration provisions set forth above by sending written notice of your decision to opt out to Emotionall at the address identified in Section 17 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Emotionall also will not be bound by them. If Emotionall changes this ‘Binding Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Emotionall' email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Emotionall in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

10.6 You understand and agree that the above dispute procedures shall be your sole remedy in the event of dispute between you and Emotionall regarding any aspect of the Service (including the enrolment process).

11. Termination.

You agree that Emotionall, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the App, for any reason, including, without limitation, for lack of use or if Emotionall believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Emotionall may also in its sole discretion and at any time discontinue the provision of the Service, or any part thereof, with or without notice.

You acknowledge and agree that in case of violation of these Terms of Service and further termination of your access to the App Emotionall, without prior notice, may immediately deactivate or delete your account and all related information and files storage in your account and/or bar any further access to such files or the Service. Furthermore, you agree that Emotionall will not be liable to you or any third party for any termination regarding your access to the Services. You may cancel your account at any time by sending an email to us at support@emotionall.co or following the correspondent procedure provided by the App.

12. General

12.1 These Terms of Service and the Privacy Policy constitute the entire agreement between you and Emotionall and govern your use of the App and the Service, superseding any prior agreements between you and Emotionall with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software.

12.2 In the event that any provisions in these Terms of Service collide with Emotionall’s Privacy Policy, such provisions will be interpreted in a way that does not result in collision between the agreements when possible. If the provisions are contradictory beyond interpretation, these Terms of Service will prevail over the Privacy Policy.

13. Governing law

These Terms of Service will be governed by the laws of the State of Florida of the United States of America without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and Emotionall agree to submit to the

personal and exclusive jurisdiction of the state and federal courts located within Florida. The failure of Emotionall to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision

14. Assignment.

You may not assign these Terms of Service without the prior written consent of Emotionall, but Emotionall may assign or transfer these Terms of Service, in whole or in part, without restriction.

15. Titles.

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

16. Severability

If any provision of these Terms of Service is held illegal, invalid, or unenforceable, all other provisions of these Terms of Service will nevertheless be effective, and the illegal, invalid, or unenforceable provision will be considered modified such that it is valid to the maximum extent permitted by law.

17. Notices

17.1 Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

17.2 Notices shall be made to the following email and address: support@emotionall.co