Terms of Use

Eligibility

You must be at least 13 years old, or the applicable minimum age required in your jurisdiction, to use the Emotionary Services.

If you are under the age of legal majority in your jurisdiction, you may use the Services only with the permission or involvement of a parent or legal guardian where required by applicable law.

By using the Services, you represent that your use of the Services complies with applicable laws and regulations.

About Emotionary

Emotionary is a vocabulary and word-discovery application designed to introduce users to words, definitions, meanings, and related language content.

The Services may provide vocabulary words and related content through the application and through notifications.

Where available, users may select or adjust how frequently they receive word notifications.

Emotionary is provided for informational, educational, and entertainment purposes. We do not guarantee that every word, definition, translation, interpretation, etymology, pronunciation, or other piece of language-related information will be error-free, complete, or universally accepted.

Meanings and usage of words may vary depending on language, culture, region, context, source, or interpretation.

Informational Nature of Content

Content provided through Emotionary is intended to help users discover and learn words and their meanings.

Emotionary does not provide medical, psychological, psychiatric, therapeutic, counseling, legal, financial, or other professional advice or services.

Words and definitions presented through Emotionary should not be interpreted as diagnoses, psychological assessments, medical opinions, or professional recommendations.

You are responsible for determining how information provided through Emotionary applies to your own circumstances.

Accounts

Certain features may require you to create an account.

You agree to provide accurate and current information and to maintain the security of your account credentials.

You are responsible for activity occurring through your account to the extent permitted by applicable law.

You must notify us promptly if you become aware of unauthorized access to or use of your account.

You may not sell, transfer, sublicense, or otherwise provide your account to another person without our permission.

Notifications and Preferences

Emotionary may send push notifications containing vocabulary words, definitions, reminders, or related content.

Where available, you may select or modify the frequency at which you receive these notifications.

Notification delivery may depend on your device, operating system, internet connection, device permissions, and services provided by third parties.

We do not guarantee that notifications will be delivered at an exact time or frequency or that every notification will be successfully delivered.

You may manage or disable push notifications through available settings within Emotionary or through your device settings.

Subscriptions, Payments, and Renewals

Certain Emotionary Services may require payment or a subscription.

Prices, subscription periods, features, and applicable terms will be disclosed to you before purchase.

If you purchase a subscription through the Apple App Store, Google Play, or another third-party platform, your payment, renewal, cancellation, and refund may also be subject to that platform's terms and policies.

Where permitted by applicable law and disclosed at purchase, subscriptions may automatically renew until canceled.

You are responsible for canceling a subscription before its applicable renewal date if you do not wish for it to renew.

We may change subscription prices or offerings from time to time, subject to applicable law and any required notice.

Refunds and Cancellation

You may cancel your subscription through the platform or method through which you purchased it.

Payments and refunds made through third-party platforms are generally governed by the applicable platform's policies.

Except where otherwise required by applicable law or expressly stated at the time of purchase, payments made directly to Nowdrops are non-refundable once the applicable paid service has been provided or subscription period has begun.

Nothing in this section limits any mandatory refund or cancellation rights available under applicable law.

Intellectual Property

The Emotionary Services and the intellectual property associated with them are owned by or licensed to Nowdrops LLC and are protected by applicable intellectual property laws.

This includes, as applicable, software, source and object code, designs, graphics, interfaces, branding, logos, trademarks, original terminology, original definitions and descriptions, written content, compilations, databases, collections, illustrations, audio, visual materials, and other original content provided by Nowdrops (“Nowdrops Content”).

Individual words, common vocabulary, facts, public-domain material, and other material that is not subject to intellectual-property protection are not claimed as proprietary merely because they appear within Emotionary. However, original definitions, descriptions, selections, arrangements, compilations, designs, branding, databases, and other protectable elements of the Services may be owned by or licensed to Nowdrops.

Subject to these Terms, Nowdrops grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Emotionary Services and Nowdrops Content for your personal, non-commercial use.

No ownership rights are transferred to you.

Except as expressly permitted by us or applicable law, you may not reproduce, republish, distribute, sell, license, scrape, systematically extract, modify, create derivative works from, commercially exploit, or otherwise use protected Nowdrops Content outside the ordinary functionality of the Services.

Prohibited Uses

You agree not to:

• use the Services for unlawful, fraudulent, abusive, or harmful purposes;
• attempt to gain unauthorized access to the Services, accounts, servers, systems, or data;
• interfere with or disrupt the operation or security of the Services;
• introduce malicious software, code, or technology;
• impersonate another person or misrepresent your identity;
• scrape, crawl, harvest, systematically download, copy, or extract content or data except as expressly permitted;
• use automated tools to build or reproduce a substantial portion of Emotionary's database or content collection;
• reverse engineer, decompile, or attempt to discover source code except where applicable law expressly permits it;
• reproduce or commercially exploit protected Nowdrops Content without authorization;
• use the Services to infringe the intellectual property, privacy, publicity, or other rights of another person;
• use automated systems to access the Services in a manner that imposes an unreasonable burden on our infrastructure;
• circumvent subscription restrictions, access controls, security features, or other technical limitations of the Services; or
• assist another person in doing any of the foregoing.

Third-Party Services

Emotionary may integrate with or contain links to services, content, websites, platforms, application marketplaces, payment processors, analytics providers, notification providers, or other services operated by third parties.

Nowdrops does not control third-party services and, to the fullest extent permitted by law, is not responsible for their availability, content, security, accuracy, privacy practices, or performance.

Your use of third-party services may be governed by separate terms and privacy policies.

Accuracy of Words and Definitions

We aim to provide useful vocabulary and language-related content, but language is complex and continually evolving.

Definitions, translations, pronunciations, origins, usage notes, cultural meanings, and interpretations may differ among dictionaries, linguistic sources, communities, regions, and speakers.

Some words presented through Emotionary may originate from languages other than English or may describe concepts that do not have a precise English equivalent.

We do not warrant that any particular definition, translation, interpretation, etymology, pronunciation, or description is the only possible or universally accepted meaning of a word.

You should consult appropriate authoritative or specialized sources when precise linguistic, academic, legal, medical, historical, or professional accuracy is important.

Service Availability and Changes

We may add, remove, modify, suspend, discontinue, or change features, words, content, subscription offerings, notification options, or other aspects of Emotionary from time to time.

We do not guarantee that the Services, any particular word or definition, or any particular feature will always be available, uninterrupted, error-free, secure, or compatible with every device.

We may perform maintenance, experience technical failures, or discontinue features or Services, subject to any obligations imposed by applicable law.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EMOTIONARY SERVICES AND ALL CONTENT PROVIDED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOWDROPS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND QUIET ENJOYMENT.

NOWDROPS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY WORD, DEFINITION, TRANSLATION, DESCRIPTION, ETYMOLOGY, PRONUNCIATION, OR OTHER CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR SUITABLE FOR YOUR PARTICULAR PURPOSE.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOWDROPS LLC AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, CONTRIBUTORS, SERVICE PROVIDERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE EMOTIONARY SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS INCLUDES DAMAGES ARISING FROM OR RELATING TO RELIANCE ON CONTENT, INACCURATE OR INCOMPLETE WORD INFORMATION, SERVICE INTERRUPTIONS, NOTIFICATION FAILURES, UNAUTHORIZED ACCESS, OR THIRD-PARTY SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF NOWDROPS AND THE PARTIES IDENTIFIED ABOVE FOR ALL CLAIMS ARISING FROM OR RELATING TO THE EMOTIONARY SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NOWDROPS FOR THE EMOTIONARY SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply regardless of the legal theory asserted and even if Nowdrops has been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Nowdrops LLC and its owners, members, managers, officers, directors, employees, contractors, affiliates, licensors, and representatives from and against third-party claims, liabilities, damages, judgments, losses, and reasonable costs and expenses, including reasonable attorneys' fees, arising from or relating to:

1. your unlawful or unauthorized use of the Services;
2. your material violation of these Terms;
3. your infringement or violation of another person's rights; or
4. your violation of applicable law.

Nowdrops reserves the right to control the defense of any matter subject to indemnification, and you agree to reasonably cooperate with such defense.

Suspension and Termination

We may suspend or terminate your access to the Services if we reasonably determine that you have violated these Terms, created risk or potential legal exposure for Nowdrops or other users, engaged in fraudulent or abusive conduct, or where suspension or termination is otherwise reasonably necessary to protect the Services.

You may stop using Emotionary at any time.

Termination does not eliminate rights or obligations that by their nature should survive termination, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.

Privacy

Our collection, use, disclosure, retention, and protection of personal information are described in the Emotionary SupportPrivacy Policy, which is incorporated by reference as applicable.

Please review the Privacy Policy carefully before using Emotionary.

Changes to These Terms

We may modify these Terms from time to time.

When required by applicable law, we will provide notice of material changes. The “Last Updated” date above identifies when these Terms were most recently revised.

Where applicable law requires renewed consent to a material change, we will request such consent.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

Informal Dispute Resolution

Before initiating arbitration or litigation, you and Nowdrops agree to attempt in good faith to resolve any dispute informally.

A party seeking to initiate a dispute must provide written notice describing the nature of the dispute, the relevant facts, and the relief requested.

The parties will have at least 30 days after receipt of such notice to attempt to resolve the dispute before initiating arbitration, except where immediate injunctive relief is reasonably necessary.

Notices of disputes may be sent to:

support@emotionarybook.com

or by mail to:

Nowdrops LLC

1401 Lavaca St

Austin, TX 78701

Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court and claims for injunctive or equitable relief relating to intellectual property or unauthorized access or misuse of the Services, you and Nowdrops agree that disputes arising out of or relating to these Terms or the Emotionary Services will be resolved through binding arbitration on an individual basis rather than in court, to the extent permitted by applicable law.

Nothing in this section prevents either party from bringing an individual action in small claims court where eligible.

Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NOWDROPS AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

TO THE EXTENT A DISPUTE IS PERMITTED TO PROCEED IN COURT RATHER THAN ARBITRATION, YOU AND NOWDROPS WAIVE THE RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Governing Law

These Terms and any dispute arising from them will be governed by the laws of the State of Texas, without regard to conflict-of-laws principles, except to the extent applicable law requires otherwise.

For disputes that are not subject to arbitration, you and Nowdrops consent to the jurisdiction of the applicable state and federal courts located in Travis County, Texas, except where applicable law provides otherwise.

App Store Terms

For the iOS app, Apple’s Standard Licensed Application End User License Agreement applies unless a custom license agreement is provided through the App Store. These Terms also govern the Emotionary services and content.

If you download Emotionary through the Apple App Store, Google Play, or another application marketplace, your use may also be subject to the applicable marketplace's terms.

These Terms are between you and Nowdrops and not between you and the applicable app marketplace, except to the extent the marketplace's terms expressly provide otherwise.

No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as necessary, and the remaining provisions will remain in effect.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent.

Nowdrops may assign or transfer these Terms in connection with a merger, acquisition, reorganization, sale of assets, corporate restructuring, or similar transaction, or as otherwise permitted by applicable law.

Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly presented to and accepted by you for particular features or services, constitute the agreement between you and Nowdrops concerning the Emotionary Services and supersede prior agreements concerning the same subject matter.

Nothing in these Terms is intended to modify the terms governing separate Nowdrops products, books, brands, websites, applications, or services unless expressly stated.

Contact Us

Emotionary is owned and operated by:

Nowdrops LLC

1401 Lavaca St

Austin, TX 78701

support@emotionarybook.com

For questions regarding these Terms, please contact us using the information above.