Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Emu team (“Emu”, “we”, “us”). They govern your use of the Emu mobile application and the website at getemu.app (together, the “Service”). By downloading, installing, or using the Service you accept these Terms. If you don’t agree, don’t use the Service.

If you are in the United States: Section 14 contains a binding individual arbitration agreement and class-action waiver. Read it carefully. You have 30 days from first using the Service to opt out.

1. Eligibility

You must be 18 or older to use the Service so that you can validly enter into this agreement and authorise subscription purchases. By using the Service, you confirm that you are 18 or older. This is a contracting-age requirement, not a content restriction.

The Service is not offered to, and is not intended for, residents of the European Economic Area (EEA), the United Kingdom, or Switzerland. By using the Service, you confirm that you are not a resident of any of those regions.

2. What the Service does

Emu gives you a single AI-generated suggestion for an activity, place, or experience near you. Suggestions take into account the context you provide (such as your mood, who you’re with, available time, location, and transport) and draw on publicly available information about nearby venues. Emu is a suggestion tool, not a booking platform, not a travel agency, not professional advice.

3. Your account

You may use Emu anonymously or create an account by signing in with Apple, Google, or email. You are responsible for keeping your account credentials confidential and for anything done under your account. Tell us at support@getemu.app if you believe your account has been accessed without permission.

4. Free tier and premium

The Service has a free tier with session-based limits (a fixed number of suggestions per session, per day, and per week). When you hit a limit you can wait for it to reset or upgrade to premium.

Premium is available as a monthly subscription, an annual subscription, or a one-off per-pick credit. Prices are shown in the App before purchase. Premium subscribers receive unlimited suggestions without session cooldowns.

Auto-renewal

Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel at least 24 hours before renewal. Your Apple or Google account will be charged at confirmation of purchase and at each renewal. Manage or cancel your subscription in your Apple App Store or Google Play account settings. We cannot cancel on your behalf.

Refunds

All payments are processed by Apple or Google. Refund requests must be made through Apple or Google under their respective policies. We do not issue refunds directly. Nothing in these Terms limits any non-excludable rights you have under the Australian Consumer Law or equivalent consumer-protection law in your country.

Per-pick credits

One-off credits unlock a single premium pick at the time of purchase. Credits do not expire but are non-transferable and not redeemable for cash.

5. Acceptable use

You agree not to:

• Use the Service to break the law, harm others, or infringe anyone’s rights
• Reverse-engineer, decompile, or attempt to extract source code, except to the extent permitted by applicable law
• Scrape, crawl, or automate access without our prior written permission
• Use the Service to train another AI or machine-learning model
• Circumvent rate limits, entitlement checks, or security controls
• Create accounts using fraudulent identities or in bulk
• Resell, sublicense, or commercially redistribute suggestions or other outputs without our permission

We may suspend or terminate accounts that violate these rules.

6. AI-generated content

Emu’s suggestions are generated by an AI model, not by human curators. Suggestions are not reviewed or verified by a human expert before you see them. You are interacting with an automated system. You are not interacting with a human.

The AI is a probabilistic system and may produce suggestions that are inaccurate, outdated, or otherwise unsuitable. Before you act on a suggestion, verify important details yourself, such as opening hours, accessibility, area safety, or appropriateness for children.

Do not rely on a suggestion as the sole basis for decisions with a material impact on your health, safety, finances, or legal rights. The Service is a leisure and discovery tool, not professional advice.

We do not use the AI to identify you, verify your identity, or infer sensitive characteristics about you. See our Privacy Policy for how the AI uses your data.

7. Third-party services and content

Emu integrates with third-party services including Apple, Google (Places API, Google Play), Supabase, Anthropic, and RevenueCat. We are not responsible for those services’ availability, accuracy, or terms. Your use of them is governed by their own terms.

Place information displayed in the App (names, addresses, coordinates, photos, ratings, opening hours) is provided by Google and its contributors. By using the Service, you are also bound by the Google Maps Platform Terms of Service and the Google Privacy Policy, both of which are incorporated into these Terms by reference. Attribution to Google is shown in the App as required. Emu does not own or control Google’s content and does not guarantee its accuracy.

8. Intellectual property

Emu, the Emu name, logo, mascot, app design, brand assets, and the software that runs the Service are owned by us and protected by intellectual-property laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for your personal, non-commercial use on devices you own or control.

You keep ownership of any content you provide (for example, notes you type). By providing it to us, you grant us a non-exclusive, worldwide licence to process, store, and display it as needed to deliver the Service.

9. Intellectual-property complaints (DMCA)

We respect intellectual-property rights and respond to valid notices under the United States Digital Millennium Copyright Act (DMCA) and equivalent laws elsewhere. If you believe content accessible through the Service infringes your copyright, send a written notice with the elements required by 17 U.S.C. §512(c)(3) to support@getemu.app with the subject line “DMCA notice”. We may remove the allegedly infringing material and terminate repeat infringers. You may submit a counter-notice if you believe the removal was a mistake.

10. Termination and account deletion

You may stop using the Service at any time. To delete your account, use the delete option in the App’s profile screen. After you request deletion, your account is deactivated immediately and permanently erased after a 7-day grace period. You can cancel the deletion during that period by signing back in.

We may suspend or terminate your access if you breach these Terms, create risk for us or other users, or if we are required to by law. We will give you reasonable notice where possible. On termination, the licences we grant you end, and sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, arbitration, indemnity, governing law) do survive.

11. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that suggestions are accurate, that the Service will be uninterrupted, or that it will meet your specific needs.

Nothing in these Terms limits or excludes any rights you have under the Australian Consumer Law or equivalent consumer-protection law in your country that cannot be limited or excluded by contract.

12. Limitation of liability

To the maximum extent permitted by law, our total liability to you arising out of or in connection with these Terms or the Service is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) AUD $100. Neither party is liable for indirect, incidental, special, consequential, or exemplary damages (including lost profits, lost data, or business interruption), even if warned of the possibility.

13. Indemnity

You agree to indemnify and hold us harmless from any claim, demand, loss, or liability (including reasonable legal fees) arising from your use of the Service in breach of these Terms or any law.

14. Arbitration and dispute resolution (US users)

This section applies only if you are a resident of the United States. It does not apply if you are in a jurisdiction where such an agreement is unenforceable against consumers.

Informal resolution first

Before starting arbitration, email your dispute in writing to support@getemu.app with the subject line “Dispute”. We will try in good faith to resolve it with you within 60 days.

Binding arbitration

If we can’t resolve a dispute informally, you and we agree that any dispute arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration administered by JAMS under its Consumer Arbitration Minimum Standards. Arbitration is conducted in English. You may choose to participate by phone, video, or written submissions.

Class-action waiver

You and we agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative action. An arbitrator cannot consolidate claims or preside over any class or representative proceeding. If this class-action waiver is found unenforceable, the remainder of this Section 14 is void (but the rest of these Terms remain in effect).

Small-claims carve-out

Either party may bring an individual action in small-claims court instead of arbitration, provided the action remains in that court and is not removed or appealed to a court of general jurisdiction.

30-day opt-out

You can opt out of this arbitration agreement by emailing support@getemu.app with the subject line “Arbitration opt-out” within 30 days of first accepting these Terms. Include your name and the account associated with the opt-out. Opting out does not affect any other part of these Terms.

Injunctive relief carve-out

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights pending arbitration.

15. Governing law (users outside the United States)

These Terms are governed by the laws of Victoria, Australia. The courts of Victoria have exclusive jurisdiction over any dispute, except that we may bring proceedings to protect our intellectual property in any competent court. If you are a consumer in a jurisdiction where local law entitles you to proceedings in your local courts, these Terms do not take away that right. Nothing in these Terms limits or excludes any consumer guarantees or non-excludable rights you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

16. Apple App Store: additional terms

If you downloaded the App from the Apple App Store, the following also applies, in addition to the rest of these Terms:

• These Terms are between you and us only, not with Apple. Apple is not responsible for the App or its contents.
• The licence granted to you is limited to a non-transferable licence to use the App on any Apple-branded products you own or control, as permitted by the Apple Media Services Terms and Conditions.
• We (not Apple) are solely responsible for maintenance and support of the App.
• We (not Apple) are responsible for any warranty, failure to conform, product claims, or intellectual-property claims relating to the App. Apple has no warranty obligation with respect to the App.
• You must comply with applicable third-party terms (for example, your wireless carrier’s terms) when using the App.
• You represent that you are not located in a US-embargoed country or on any US government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. Electronic communications

By using the Service you consent to receive communications from us electronically (for example, by email and in-app notifications). You agree that all legal notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

18. Force majeure

Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, power failures, internet or telecommunications outages, or governmental actions.

19. Changes to these Terms

We may update these Terms from time to time. If the changes are material, we will notify you in the App or by email at least 30 days before they take effect and, where required, ask you to accept them again. Continuing to use the Service after the effective date means you accept the updated Terms. The effective date and version number at the top of this page reflect the current version.

20. Miscellaneous

If any part of these Terms is unenforceable, the rest continues to apply. Our failure to enforce a right is not a waiver. You may not transfer your rights under these Terms; we may transfer ours to a successor. These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Service.

21. Contact

Questions about these Terms? Email support@getemu.app.