These General Terms and Conditions (the “Terms”) governate the access and the use of the services provided by MJoyme Operating Company, S.L. (“Emjoy”) via our website https://letsemjoy.com (the “Site”) and our mobile device application (the “Application” and, jointly, the “Services”).
By using our Services, you (the “User”) fully understand and agree to be bound by these Terms. Please read them carefully and if you don’t agree to be bound by these Terms, do not use our Services. Emjoy reserves the right to make, at its discretion, any type of modifications, amendments and updates to the Terms and to the Services at any given time without prior notice. As soon as they have been posted on our Site, these changes must be accepted by the User to continue using our Services. Please be informed that changes shall be considered as accepted if the User continues using the Services after the date in which the changes are available on our Site and/or on the Application.
1. Service provider
The Services are provided by MJoyme Operating Company, S.L., with registered office at Avenida Diagonal 459, principal, 08036 Barcelona (Spain) and Spanish taxpayer ID number (NIF) B-67,301,010. Emjoy is registered with the Commercial Registry of Barcelona at Volume 46,605, Sheet B-525,255. Please contact firstname.lastname@example.org for any issues or questions about these Terms or the Services.
2. User eligibility and registration:
You may use the Services only if you are 18 years or older, or otherwise the legal age of consent relating to sexual activity in each User’s respective jurisdiction, if you are resident of a country where our Services are available and if you have accepted these Terms. In addition, to make a Purchase (as defined below), you must be capable of forming a binding contract. Emjoy is not responsible for policing, and does not track or police, the age or maturity of its Users. That responsibility falls on the User and, where applicable, to its parents or legal guardians. By visiting, accessing, registering with, subscribing or otherwise using the Services, the User represents and warrants to Emjoy that it meets these eligibility requirements.
To make use of a broad part of the Services, the User is required to register and sign up with Emjoy (the “Account”). You can do this directly on the Application or through your account with certain third-party social networking services, such as Google and Facebook. If you choose this last option, we will create your Account by extracting from your third-party account certain personal information that your privacy settings allow to.
It’s important that you keep your registration information complete and up-to-date and do not disclose your password to anyone. If you do not take care of it, we might have to suspend or terminate your Account. You shall notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether you know about them or don’t. If you fail to comply with the obligations contained in this section, you accept full responsibility for the consequences thereof, including, without limitation, any unauthorized charges and payments and changes to your Account information and settings.
Emjoy reserves the right to prevent any User from using the Services, whether it be temporarily or definitely, who fails to comply with these Terms, current law or ethics and morals, and to carry out the necessary actions to avoid infringement of any of the above mentioned rules.
3. Subscription modalities and Purchases:
Emjoy Account holders may access the following services in our free-to-download Application:
- (i) Free Limited Subscription:
Free-of-charge access which gives limited access to our Content (as defined below). It starts after the cancellation upon renewal of the Introductory Free Trial Subscription or any Paid Subscription and can be upgraded at any time to a Paid Subscription with a Purchase. The User can also start this Free Limited Subscription directly, skipping the Introductory Free Trial Subscription.
- (ii) Introductory Free Trial Subscription:
Free-of-charge access which gives full access to our Content during the Free Trial Subscription period.
By initiating the Introductory Free Trial Subscription, the User authorizes that the renewal Subscription Fees, if any, shall be charged on the credit card associated to its Apple Store or Google Play account. No Subscription Fees will be charged during the term of the Introductory Free Trial Subscription.
Please note that the Introductory Free Trial Subscription will automatically renew for an annual period, at the rate in effect at the time of renewal for the standard annual Subscription until you cancel your Subscription. By agreeing to these Terms, you acknowledge that your Subscription has recurring payments and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Emjoy in accordance with these Terms.
You may cancel your Introductory Free Trial Subscription at any time and at least twenty-four (24) hours before its renewal date according to the instructions provided below. The cancellation will be effective at the end of the then-current Subscription period, so you will continue benefiting from our free Services until the end of your Introductory Free Trial Subscription period.
- (iii) Paid Subscription:
Subscription-based access, which gives full access to our content once you purchase a Subscription (the “Purchase”) while it is active and subsisting. Paid Subscriptions can be available for monthly and/or annual periods. You can find all relevant information about pricing and subscription terms in the Apple Store, Google Play and on our Site.
When you purchase a Subscription, you expressly authorize that the price, rates and any applicable taxes shall be charged on the credit card associated to your Apple Store or Google Play account. Moreover, when clicking on the purchase button, you represent and warrant that you have the legal right to use the elected payment method and authorize to provide your payment information to third parties, so the Purchase can be completed. We reserve the right to not process or to cancel your Purchase in certain circumstances (if your credit card is declined, if we suspect of a fraudulent Purchase, or in similar circumstances whenever Emjoy deems appropriate). We also reserve the right to verify your identity before completing the Purchase.
You agree that your Purchases are not contingent on the delivery of future functionalities nor dependent on any oral or written public comments made by Emjoy regarding its future features.
To the extent permitted by law and with the exceptions expressly foreseen in these Terms, all Purchases made by the User are considered final, thus Emjoy will not provide refunds of any Subscription Fees once the Purchase of the Subscription or any of its renewals have been made.
Please note that your Subscription will automatically renew for an additional period equal in length to the expiring Subscription until you cancel your Subscription. By agreeing to these Terms and electing to make a Purchase, you acknowledge that your Subscription has recurring payments and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Emjoy in accordance with these Terms.
You may cancel your Subscription at any time and at least twenty-four (24) hours before any renewal date via the Subscription section on Apple Store and Google Play. Uninstalling the Application will not stop your subscription. Please note that such cancellation will be effective at the end of the then-current Subscription period. Accordingly, 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.
Emjoy reserves the right to change its pricing terms for Subscriptions at any time, notifying it to you in advance of such changes becoming effective. Changes to the pricing terms 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 Emjoy’s pricing terms, then you may choose not to renew your Subscription.
4. Devices and network connection
To enjoy our Services via your smartphone or other devices, your devices must satisfy certain system requirements. In this regard, please be informed that Emjoy for iOs is available for iPhones running iOS 11.0 or later and Emjoy for Android is available for Phones running Android 6.0 (Marshmallow) or later and have installed Google Play Services. Emjoy cannot be held responsible for any failures or non-availability of the Services on the said marketplaces for causes beyond Emjoy’s control.
You are responsible for obtaining and updating the device, operating system and any other software or network settings necessary to properly visit, access, register with, subscribe to or use the Services through a particular device.
Please take into account that since the Content is available on streaming, fees, charges and taxes of your device’s network provider may apply to your visit, access, registration with, subscription to and use of our Services. Emjoy is not responsible for such costs, if they arise.
5. Promotion and discount codes
Emjoy reserves the right, but not the obligation, to afford you a promotional Introductory Free Trial Subscription period or discounted Subscription Fee amounts for accessing and using any or certain features of the Application. Any promotion, discount code or other offers provided by Emjoy may not be used in conjunction with other promotion, discount codes or offers, except where expressly stated otherwise. As regards Introductory Free Trials, they are only available once per User. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the corresponding Subscription and any renewals will be charged at the rate in effect at the time of renewal for the type of Subscription purchased.
6. Content ownership and general prohibitions
All “Content” (including, without limitation, text, audios, images, pictures, graphics, videos, music, software, works of authorship of any kind and information or other materials posted, generated, provided or otherwise made available through the Services) is owned by Emjoy, its affiliates and/or third-party licensors, where applicable, unless indicated otherwise.
Emjoy grants to its Users and its Users agree and acknowledge to have a limited, nonexclusive, non-transferable and revocable license, with no right to sublicense, to download the Application and install it in a device controlled by the User and to view and listen to the Content solely in connection with the applicable Subscription and for personal and non-commercial purposes only. All right, title and ownership in the Services remains with Emjoy or its licensors, as applicable. The rights to download the Applications and use the Services are licensed (not sold) to you, and you have no rights in them other than to use them in accordance with these Terms.
Except expressly permitted by Emjoy, the User may not (directly or indirectly, assisting, encouraging or permitting any third party to):
- (i) Copy, record, translate, modify, alter nor create derivative works of the Services or any of its Content, nor reverse engineer, de-compile or disassemble the Application in any way.
- (ii) Distribute, transfer, store, communicate, reproduce, make available to the public, rent, lease, lend, sell or sublicense the Services nor any of its content to third parties in whole or in part.
- (iii) Use, display, mirror or frame the Services or any of its Content, Emjoy’s name, trademark, logo or other proprietary information, or the layout and design of its Content.
- (iv) Avoid, remove, deactivate of otherwise circumvent any technological measures implemented by Emjoy or any of its providers and Users to protect the Services and Content.
- (v) Attempt to access or search the Services or download its Content through any tool other than the software provided by Emjoy.
- (vi) Use any of the Content for any commercial purpose or for the benefit of any third party.
- (vii ) Make altered, deceptive, misleading, defamatory, vulgar, offensive or false declarations or other kind of communications regarding the Services or any of its Content. The User is obliged to use the Services in conformity with the current law, ethics and morals, public order and these Terms.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
8. Links to third-party website
The User may link to our home page, provided it is done in a fair and legal way and does not damage Emjoy’s reputation or take advantage of it. The link shall not be established in such a way as to suggest any form of association, approval or endorsement on our part where none exists. In any case, Emjoy reserves the right to withdraw linking permission with written notice.
9. Medical disclaimer
Emjoy provides online sexual wellbeing content, but is not a healthcare provider, does not replace treatment and should not be considered medical advice. Emjoy makes no claims, representations or guarantees that the Services provide a therapeutic benefit. Any advice or other materials in the Services are intended for general information purposes only; they are not intended to be relied upon and are not a substitute for professional medical advice or treatment based on your individual condition and circumstances.
The User assumes full responsibility for his/her own decisions and actions, thus Emjoy is not liable or responsible for any consequences of you having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the Content of our Services.
The User shall indemnify and hold harmless Emjoy, its officers, directors, employees, agents and other related persons from and against any and all liabilities, claims, suits, demands, disputes, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with the User’s access to or use of the Services or Content or the violation of these Terms by the User.
11. Limitation of Liability
Neither Emjoy nor any other party involved in creating or delivering the Services or Content will be liable for any direct or indirect damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Emjoy has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation applies to you to the extent permitted by law.
Emjoy’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services shall not exceed the amounts you have paid to Emjoy for use of the Services. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Emjoy.
This clause shall not affect the rights you may have as a consumer according to the applicable law.
12. General Terms
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Emjoy’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Emjoy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You may not assign or transfer these Terms without Emjoy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Emjoy may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Emjoy under these Terms, including those regarding modifications to these, will be made via e-mail or by posting notices on the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
13. Applicable law and competent jurisdiction
These Terms will be governed and interpreted according to Spanish Law. Should Emjoy and a User be involved in litigation, the latter will be able to bring legal action before Spanish Courts corresponding to Emjoy’s legal address or the Courts of the User’s place of residence.
The User can also file a claim with the online platform for the alternative resolution of conflicts (ODR-platform) available at the European Commission website https://ec.europa.eu/consumers/odr/.
For any incident or matter related to the Services or these Terms, we will be pleased to attend you at the e-mail address firstname.lastname@example.org.
2019 MJOYME OPERATING COMPANY S.L.
All rights reserved.