Terms of Service

These Terms are a contract between you and Borta Enterprises LLC ("Emma," "we," "us," or "our") for the Emma web application and related services (the "Service"). By creating an account, renewing a subscription, or selecting "I agree," you accept these Terms and the separate Privacy & Consumer Health Data Notice.

1. Eligibility and consent

You must be at least 18 years old and legally able to enter a contract. You must provide accurate account information. Because conversations may reveal sensitive mental-health-related information, we require separate, affirmative consent to the processing described in the Privacy & Consumer Health Data Notice. You may withdraw that consent by stopping use and deleting your account; withdrawal does not invalidate processing already performed with valid consent.

2. Accounts and security

3. AI output and your decisions

Use your own judgment and verify important information with a qualified human professional. Never rely on Emma for diagnosis, medication, treatment, legal, financial, or emergency decisions. We do not guarantee that the Service will recognize every crisis, harmful statement, or factual error.

4. Couples features

A Couples plan permits a payer to invite one adult partner through a private e-mail link. Linked partners can see the shared session messages and shared recaps. Do not invite someone without their permission, impersonate a partner, or use the feature for surveillance, coercion, or abuse. Either linked member may unlink. Unlinking retires the shared conversation from the active Service as described in the Privacy Notice. Private solo history is not intentionally shared with the partner.

5. Acceptable use

You may use Emma only for lawful, personal purposes. You may not:

6. Free session, subscriptions, renewal, and cancellation

7. Your content and our limited permission

You retain rights you have in content you submit. You give us a limited, non-exclusive permission to host, process, transmit, summarize, secure, and delete that content only as needed to operate, personalize, protect, and improve the Service as disclosed in the Privacy Notice. This permission ends when the content is deleted, subject to temporary backups, legal obligations, and data already de-identified so it can no longer reasonably identify you.

8. Privacy and health data

The Privacy & Consumer Health Data Notice explains the categories, purposes, sources, processors, retention, and rights that apply. Emma is a direct-to-consumer tool and is not offered as a HIPAA-covered clinical service. Do not assume that HIPAA applies or that communication through Emma has therapist-patient privilege.

9. Third-party services

The Service depends on providers including OpenAI, Amazon Web Services, Stripe, and transactional e-mail infrastructure. Their outages or changes may affect availability. Third-party sites and services have their own terms and privacy practices.

10. Suspension and termination

You may stop using Emma, cancel, or delete your account at any time. We may suspend or terminate access for a material breach, security risk, unlawful use, nonpayment, or conduct that threatens users or the Service. Where practical, we will provide notice and a chance to correct the issue. Sections that by their nature should survive termination will survive.

11. Service changes and availability

We may update, limit, or discontinue features. We aim for reliable service but do not promise uninterrupted availability, preservation of every message, or compatibility with every device.

12. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. Nothing in these Terms excludes a warranty or right that cannot legally be excluded.

13. Limitation of liability

To the fullest extent permitted by law, Borta Enterprises LLC and its members, personnel, and providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of data, revenue, or opportunity. Our aggregate liability arising from the Service will not exceed the greater of $100 or the amount you paid us during the three months before the event. These limits do not apply where prohibited by law or to liability that cannot legally be limited.

14. Governing law and disputes

Connecticut law governs these Terms without regard to conflict-of-law rules. Subject to any non-waivable consumer right, claims will be brought in the state or federal courts located in Connecticut. Before filing, the parties should first try in good faith for 30 days to resolve the issue by contacting dborta0@gmail.com.

15. Changes, severability, and entire agreement

We may revise these Terms. If a change materially affects your rights or our use of sensitive data, we will provide notice and request renewed consent when required. If one provision is unenforceable, the rest remains in effect. These Terms and the Privacy Notice are the entire agreement for the consumer Service and do not waive rights that cannot be waived by law.

16. Contact

Borta Enterprises LLC
E-mail: dborta0@gmail.com