Terms of Use Agreement

EDmotionsAI – Terms of Use Agreement

Effective Date: December 1, 2025

PLEASE READ CAREFULLY. BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, ACCESSING, OR USING ANY EDmotionsAI SERVICE or SOFTWARE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICES.

These Terms govern your access to and use of the EDmotionsAI platform, mobile applications, website, content, tools, and related services (collectively, the “Services”) provided by EDmotionsAI, Inc. (“EDmotionsAI,” “we,” “our,” or “us”). These Terms incorporate our Privacy Policy, which explains how data is collected, used, and protected.

ARBITRATION NOTICE

Except for certain types of disputes described in Section 13, all disputes arising from or relating to these Terms will be resolved through binding individual arbitration.

BY ACCEPTING THESE TERMS, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

1. Eligibility

By using the Services, you affirm that:

1. You are a School, District, or authorized School Personnel accepting these Terms on behalf of students and their parents/guardians.
2. If you are acting on behalf of a School or District, you represent that you are authorized to enter into this Agreement.
3. If you are a School providing access to children under 13, you confirm that you may provide consent as permitted under the Children’s Online Privacy Protection Act (COPPA) and are acting as the parent’s agent for educational-use authorization.

2. AI Transparency

EDmotionsAI uses artificial intelligence to provide emotional-learning support, reflection tools, and wellness-focused activities. When interacting with chat or guidance features, users are interacting with AI-generated responses, not human counselors.

• EDmotionsAI does not:
• Diagnose medical or mental health conditions
• Provide therapy, counseling, or clinical treatment

Replace licensed mental health professionals

The Services are designed for educational and wellness-support purposes only.

3. Crisis & Safety Notice

EDmotionsAI is not an emergency, crisis-response, or mental health treatment service.

The platform cannot provide immediate assistance in dangerous or life-threatening situations.

If you are experiencing a crisis, having thoughts of suicide or self-harm, feeling unsafe, or believe someone else may be in danger, please seek help immediately:

• Call or text 988 — Suicide & Crisis Lifeline
• Text “HELLO” to 741741 — Crisis Text Line
• Dial 911 — For any immediate or life-threatening emergency

If you are outside the United States, contact your local emergency number or crisis hotline.

While EDmotionsAI may sometimes display general supportive messages or provide links to crisis resources, the system does not monitor for, detect, or respond to all crisis-related language.

We cannot guarantee timely review, human monitoring, or intervention of any kind.

Users should never delay or avoid seeking professional or emergency help based on information provided by the platform.

4. Use of the Services

The Services include emotional-learning and wellness-support activities such as:

• Journaling and self-reflection prompts
• AI-guided wellness coaching
• Skill-building exercises
• Breathing, grounding, and coping activities
• Emotion-tracking features
• General educational content

When severe or safety-related concerns are indicated, the system may:

• Provide crisis resource information, and/or
• Trigger a School Staff/Administrator notification (if configured by the School)

The School is responsible for configuring, monitoring, and responding to such alerts.

5. Payment & Subscription Terms

EDmotionsAI may be offered:

• Through School or District subscription agreements
• On an annual or multi-year basis
• With optional free trials where applicable

Unless otherwise stated in a School contract:

• Subscription fees are billed at the start of each billing period.
• Subscriptions renew automatically unless canceled before renewal.
• No refunds are issued for partial billing periods.
• All sales are final.

Where the Service is provided through a School or District contract, all payment obligations, renewals, and terminations are governed by that agreement. If a School terminates its agreement, student access may end.

EDmotionsAI may update these Terms at any time. Continued use constitutes acceptance of any updated Terms.

6. Account Creation & Security

School accounts and student access credentials are created or provisioned by the 

School or District. You agree to:

• Maintain accurate and current account information
• Protect login credentials
• Notify us immediately of unauthorized access or use

Accounts are non-transferable and may not be sold, leased, or exchanged.

7. COPPA Compliance

If a School provides access to children under age 13, the School represents that:

• The Services are used solely for educational purposes
• The School provides any necessary parental notices and consents
• The School acts as the parent’s agent for COPPA purposes

EDmotionsAI relies on the School to obtain and manage all required COPPA permissions.

8. Student Records, FERPA, & Data Compliance

For Schools subject to FERPA or state student-data privacy laws:

• Student data remains the property of the School
• EDmotionsAI will use data only as permitted by law and contract
• EDmotionsAI will not sell student data, use it for targeted advertising, or permit third parties to do so
• Data breach notifications will be provided as required by law
• Upon contract termination, EDmotionsAI will delete or de-identify student data in accordance with the School’s agreement and applicable legal requirements

Schools remain responsible for all parental notification and rights requests under FERPA.

9. Termination

We may suspend or terminate access to the Services, at our sole discretion, for:

• Violations of these Terms
• Misuse of the Services
• Legal or safety concerns
• Termination or expiration of the School’s contract

No refunds are issued upon termination unless otherwise required by law or contract.

10. Prohibited Conduct

You agree not to:

• Reverse engineer, scrape, or data-mine the platform
• Circumvent security or access controls
• Manipulate or exploit the AI system
• Attempt to extract or infer AI training data
• Use the Services for harassment, bullying, discrimination, or harmful content
• Upload illegal, obscene, violent, or otherwise prohibited material
• Impersonate another person or misrepresent your identity
• Share confidential or personal information of others without consent
• Submit false safety alerts or misuse reporting tools
• Use the Services for unauthorized commercial purposes

Violation may result in suspension, termination, or legal action.

11. Intellectual Property

EDmotionsAI owns all rights to:

• Platform software and systems
• AI models and algorithms
• Educational content, graphics, and proprietary materials
• Trademarks, service marks, and branding

Users retain ownership of User-Generated Content, including journal entries and personal reflections.

By using the Services, you grant EDmotionsAI a limited, non-exclusive, worldwide license to:

• Provide, maintain, and improve the Services
• Train and refine AI systems (in de-identified or aggregate form where required)
• Conduct analytics as described in the Privacy Policy

This license may be revoked where required by applicable law.

12. Disclaimers & Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We do not warrant that:

• The AI will detect or identify ALL safety issues
• The Services will be uninterrupted or error-free
• Data will never be lost or compromised
• The platform will meet all user expectations or requirements

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDmotionsAI’S TOTAL LIABILITY TO YOU WILL NOT EXCEED THE GREATER OF:

1. $100, OR
2. THE TOTAL AMOUNT PAID BY THE SCHOOL OR USER TO EDmotionsAI IN THE PREVIOUS 12 MONTHS.

EDmotionsAI DOES NOT PROVIDE MEDICAL, PSYCHIATRIC, OR CLINICAL SERVICES.

13. Arbitration & Dispute Resolution

Most disputes must be resolved through binding individual arbitration.

By agreeing to these Terms, you waive the right to:

• A jury trial 
• Class actions
• Class arbitration
• Representative actions

Users may still pursue qualifying claims in small claims court.

Details regarding arbitration procedures will be provided upon request.

15. Governing Law

These Terms are governed by the laws of the State of New York, excluding its conflict-of-law rules.

16. Contact Us

EDmotionsAI, Inc.

3702 Victoria Drive

Mount Kisco, NY 10549

Email: info@edmotions.ai

Website: www.edmotions.ai