Emma & Buddy Terms & Conditions: User Agreement & Service Policies

These Terms of Service (“Terms of Service”) form a legal agreement between Emma & Buddy and you, the individual (“you” and “your”) concerning your access to and use of the various services offered through the Websites and the Platforms (as defined below). Use of any of the Websites or Platforms constitutes your acceptance of these Terms of Service and the Web and Mobile Privacy Policy.

By using the Websites and/or the Platforms, you expressly agree to these Terms of Service. If you do not agree to these Terms of Service, you should immediately cease all use of and access to all of the Websites and Platforms. Please print a copy of these Terms of Service for your records.

Modifications to These Terms of Service

Emma & Buddy may in its sole discretion, without prior notice to you, revise these Terms of Service at any time. Should these Terms of Service change materially, Emma & Buddy will update the Effective Date noted above and post a notice regarding the updated Terms of Service on the Websites. The amended Terms of Service will also appear when the Platforms are accessed by you, and you will need to acknowledge your agreement to the amended Terms of Service prior to being able to continue to use the Platforms. If you do not agree to the terms of the amended Terms of Service, your sole and exclusive remedy is to discontinue your use of the Websites and Platforms, and you will be deemed to have terminated these Terms of Service. Amended Terms of Service will be effective as of the Effective Date unless otherwise stated. By accessing or using the Websites and the Platforms after such changes are posted, you agree and consent to all such changes.

Access to the platform

You may access and use the Platforms via remote access connectivity. Emma & Buddy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platforms in accordance with these Terms of Service. In order to use the Platforms, you will be asked to register an account and create login information, including without limitation, usernames, and passwords. You must safeguard the login information that you use to access the Platforms and you must not disclose this information to anyone. You must immediately notify Emma & Buddy of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Platforms by email to support@emmaandbuddy.com.

Text Messaging Program

Emma & Buddy offers an optional SMS notifications program (“Emma & Buddy SMS Notifications”) that allows you to receive transactional text messages related to your service application. By opting in to this program, you consent to receive messages including application status updates, document delivery notifications, appointment confirmations and reminders, and requests for outstanding information needed to process your application.

Message frequency varies based on your application activity. Message and data rates may apply. Carriers are not liable for any delayed or undelivered messages.

You may opt out of the program at any time by replying STOP to any message you receive. Upon opting out, you will receive a confirmation message and will no longer receive texts from this program. For assistance, reply HELP or contact us at support@emmaandbuddy.com or 786-744-4303.

If you change your mobile number, you are responsible for updating your account preferences so that Emma & Buddy can maintain accurate contact information. For information on how we handle your data in connection with this program, please refer to our Privacy Policy.

Emma & Buddy’s Role

Emma & Buddy is not an insurance provider nor are we a prescription fulfillment warehouse. Emma & Buddy’s role is limited to making certain telehealth-related information available to you and/or facilitating your access to telemedicine and expert medical services. Emma & Buddy is independent of healthcare providers who will be providing such telemedicine services to you through the Platform and is not responsible for such healthcare providers’ acts, omissions, or any content of the communications made by them. Emma & Buddy does not engage in the practice of medicine or provide any other health services.

Your Representations and Warranties

By registering on the Platforms, you represent and warrant the following:

(i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms of Service with Emma & Buddy, (iii) the information you have provided to Emma & Buddy in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Websites and Platforms, (v) you will not interfere with a third party’s use and enjoyment of the Websites and Platforms, (vi) you will not interfere with or disrupt Emma & Buddy’s or its vendors’ security measures, (vii) if any information you provide to Emma & Buddy becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Emma & Buddy, (viii) you acknowledge that access to the healthcare services provided through the Platforms are not “insured services” under any provincial health plans, (ix) you acknowledge that any fees paid by you or by any other person on your behalf are not provided in exchange for any undertaking by Emma & Buddy or its representatives that such healthcare services will be made available to you, and (x) you are accessing the Websites and Platforms for yourself or a child under the age of eighteen for whom you are the legal guardian.

Termination

If you violate these Terms of Service, your ability to use the Websites and/or Platforms will be terminated. Emma & Buddy may, in its sole discretion, terminate your access to the Websites and/or Platforms, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Emma & Buddy may have available at law. Further, Emma & Buddy shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms of Service by ceasing to access and use the Websites and Platforms. Upon any termination of these Terms of Service, you must immediately cease use of the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, and your warranties and indemnities shall survive any termination of these Terms of Service.

Prohibited Uses

In using the Websites and Platforms, you agree not to:

Send or otherwise transmit to or through the Websites and Platforms any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites and Platforms or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
Misrepresent your identity or affiliation in any way;
Restrict or inhibit any person from using the Websites and Platforms, disclose personal information obtained from the Websites and Platforms or collect information about users of the Websites and Platforms;
Reverse engineer, disassemble or decompile any section or technology on the Websites and Platforms, or attempt to do any of the foregoing;
Gain unauthorized access to the Websites and Platforms, to other users’ accounts, names, personally identifiable information, or other information, or to other computers or websites connected or linked to the Websites and Platforms;
Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Websites and Platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
Send or otherwise transmit to or through the Websites and Platforms chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
Post, transmit, or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
Violate any applicable laws or regulations in any way;
Alter or modify any part of the content or services offered on or through the Websites and Platforms;
Allow any other person to use the Platforms with your registration or login information;
Breach or otherwise circumvent Emma & Buddy’s security or authentication measures; and
Assist or permit any persons in engaging in any of the activities described above.

Intellectual Property Rights and Content

Emma & Buddy is the sole and exclusive owner of the Websites and Platforms, including any and all copyright, patent, trademark, trade secret, and other ownership and intellectual property rights, in and to the Websites and Platforms and any related materials and documentation. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. Emma & Buddy reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or Platforms.

You may provide input, comments, or suggestions regarding the Websites and Platforms or Emma & Buddy Services (“Feedback”). You acknowledge and agree that Emma & Buddy may use any Feedback without any obligation to you and you hereby grant Emma & Buddy a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Feedback as Emma & Buddy may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

External Links

The Websites and Platforms may contain links to third-party websites. Linked sites are not under the control of Emma & Buddy, and Emma & Buddy is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Emma & Buddy endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Emma & Buddy disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

No Endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise does not constitute or imply the endorsement or recommendation of such by Emma & Buddy. Any views expressed by third parties on the Websites and Platforms are solely the views of the third party and Emma & Buddy assumes no responsibility for the accuracy or veracity of any statement made by the third party.

Indemnification and limitation of liability

You agree to defend, indemnify and hold Emma & Buddy, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors, and suppliers (each an Emma & Buddy Party and collectively Emma & Buddy Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses, and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your

(a) violation of these Terms of Service; (b) access to or use of the Platform and Websites; and (c) provision of or disclosure to Emma & Buddy of any other information or data and the use of the same by Emma & Buddy or other Emma & Buddy Party as contemplated hereunder.

IN NO EVENT SHALL EMMA & BUDDY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Emma & Buddy shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Emma & Buddy’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms of Service that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms of Service. You agree that the limitations of liabilities set out in these Terms of Service are fair and reasonable in the circumstances.

Disclaimer

The Websites and Platforms are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Emma & Buddy disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied conditions or warranties of merchantability and fitness for a particular purpose. Emma & Buddy does not warrant that the Websites and Platforms will be uninterrupted or error-free, that defects will be corrected, or that the Websites and Platforms or the server that makes it available are free of viruses or other harmful components.

Emma & Buddy makes no guarantees and disclaims any implied warranty or representation about the accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Websites and Platforms for a particular purpose. Emma & Buddy assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Websites and/or Platforms.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Children

The Websites and Platforms are not intended for children under the age of 13. If you are under 13 years of age, please do not use or access the Websites or Platforms at any time or in any manner. By using the Websites or Platforms, you affirm that you are over the age of 13. Emma & Buddy does not seek through Websites or Platforms to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.

Choice of Law and Jurisdiction

These Terms of Service are governed by the laws of Delaware. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms of Service are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

Personal Information and Privacy Policy

In these Terms of Service, “personal information” means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or any data about you that you elect to provide electronically through the Websites and Platforms and any other information that identifies who you are. Personal Information will be used by Emma & Buddy solely in accordance with these Terms of Service, and Emma & Buddy’s Web and Mobile Privacy Policy (or as otherwise agreed upon between you and Emma & Buddy in writing). You agree that Emma & Buddy has the right to monitor and review your use of the Websites and Platforms from time to time, and to use “cookies,” “log files,” and your “browsing data” in accordance with the Cookie Policy.

Ownership of information submitted via the Services

While Personal Information (as defined in our Privacy Policy) which you submit will be maintained in accordance with our Privacy Policy, any information you transmit to Emma & Buddy via the Services, whether by direct entry, submission, e-mail or otherwise, including text messaging (each and collectively, “Transmitted Information”), will be treated as non-confidential and non-proprietary to you and will become the sole property of Emma & Buddy. In addition, as Emma & Buddy property, to the extent allowed by law such information may be used by Emma & Buddy for any purpose, including, without limitation, reproduction, solicitations, disclosure, publication, and posting (“Outbound Communications”); however, Emma & Buddy will make every effort to de-identify any information relating to your health or health concerns, including, by not disclosing your name or email with regard to any such Outbound Communications. If you wish to create additional safeguards to protect your Transmitted Information, then do not disclose your name or any identifying information when you correspond with us or our agents and consultants, as the case may be, via the Services. Emma & Buddy shall be free to use any ideas, concepts, or techniques contained in any communication you send to Emma & Buddy via the Services or by any other means (including Transmitted Information) for any purpose whatsoever, including, without limitation, developing and marketing products using such information. Because Emma & Buddy owns the Transmitted Information, Emma & Buddy has no obligation to you or any third party to provide a record of Transmitted Information to either party upon request. Emma & Buddy is not responsible for any information or content submitted by other users; you agree that any interaction between you and other users of the Services are solely between you and such users.

Refund Policy

At Emma & Buddy, we are committed to providing access to licensed healthcare professionals for emotional support animal (ESA) evaluations. We stand by our 100% Money-Back Guarantee if a client is not approved for an ESA letter.

Eligibility for a Refund

You may be eligible for a full refund if:

Your ESA letter is denied by the landlord or regulatory agency.
You do not receive your ESA letter after completing your evaluation with the licensed healthcare professional.

Refund Exclusions

Refunds will NOT be issued in the following cases:

If your application is rejected due to incomplete, inaccurate, or fraudulent information provided by you.
If you fail to submit the required documentation needed to complete your evaluation.
If you do not meet applicable eligibility criteria due to legal, residency, or other regulatory requirements.
If your ESA letter is invalidated or rejected for reasons beyond our control.
If you fail to attend or complete your scheduled consultation.
If you request a refund after your ESA letter has already been issued by the licensed healthcare professional.

Refund Request Process

To request a refund, please contact our support team at support@emmaandbuddy.com within 5 days of receiving notice of denial. You must provide proof of denial from the landlord.

Refunds will be processed within 5-10 business days and issued to the original payment method. Processing times may vary depending on your financial institution.

Emma & Buddy Delivery Policy

At Emma & Buddy, we do not ship any physical products. Our service connects clients with licensed healthcare professionals for emotional support animal (ESA) evaluations. If approved, clients will receive their ESA letter electronically.

Delivery Process

If approved, your ESA letter will be sent via email within 24-48 hours of your consultation.
Please ensure that the email address provided during registration is accurate, as all communications and approvals will be sent digitally.

Delivery Issues & Resolution

If you do not receive your ESA letter within 24 hours, please check your spam or junk folder before contacting support.
If it is still not received, contact our customer support team at support@emmaandbuddy.com for assistance.

Emma & Buddy is not responsible for delays caused by:

Incorrect email addresses,
Technical issues,
Delays from the licensed mental health professional.

Waiver

No delay or omission by Emma & Buddy in exercising any right or power under these Terms of Service, or in objecting to any failure of a covenant by you, shall impair such right or power. It shall not be construed as a waiver of any future breach. Any waivers must be in writing and signed by an authorized representative of Emma & Buddy.

Entire Agreement

These Terms of Service represent the entire agreement between you and Emma & Buddy concerning access to and use of the Platforms and Websites. They supersede all previous agreements, negotiations, representations, and communications, whether oral or written.

Electronic Documents

This electronic document, along with all other electronic documents referenced or incorporated herein, will:

Be deemed a “writing” for all legal purposes,
Be legally enforceable as a signed agreement.

Printed versions of these Terms and any notices delivered electronically shall be admissible in legal proceedings in the same manner as other business records originally generated in paper format.

Assignment

These Terms of Service are personal to you, and are not assignable, transferable, or sublicensable by you except with Emma & Buddy’s prior written consent. Emma & Buddy may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Language

These Terms are written in English, and both parties waive any rights to use or rely upon any other language or translations.

Contact / Notices

If you have any questions or need to send a notice to Emma & Buddy, please use the contact information below:

Emma & Buddy Privacy Officer
919 North Market Street, Suite 950
Wilmington, DE 19801
support@emmaandbuddy.com

Emma & Buddy may also provide notices to you via the Websites and/or Platforms, and you agree that such postings constitute official notice, even if you do not view them directly.