EMPS Terms & Conditions
Last updated September 23, 2026 · Applies to the EMPS application
EMPS is coaching software, not therapy. It is not counselling, medical advice or treatment, it does not monitor what you write, and it cannot summon help. If you are in crisis, call or text 988 in the US, or 911 if there is immediate danger.
EMPS is coaching software, not therapy. It does not monitor anyone, it cannot summon help, and its coaching is generated automatically and can be wrong. It is also shared with another person, so sections 5 and 6 — consent between partners, and what happens when a relationship ends — matter as much as anything else here. These Terms limit our liability and require most disputes to be resolved by individual arbitration rather than in court.
1. Acceptance and eligibility
These Terms & Conditions (the “Terms”) are a binding agreement between you and Espyeon LLC (“Espyeon”, “we”, “us”), governing your use of the EMPS application and any related service (the “App”).
By creating an account or using the App you accept these Terms. If you do not accept them, do not use the App.
You must be at least 18 years old. EMPS records information about mental health and sex life and is not offered to anyone under 18. We will close any account we find belongs to a minor.
These Terms incorporate the EMPS Privacy Policy and the Espyeon Acceptable Use Policy. Where these Terms conflict with our general Terms of Service on anything specific to EMPS, these Terms control.
2. What EMPS is, and what it is not
EMPS is a relationship reflection and coaching tool for two people. It holds what each of you records, and Amanda — the automated coach — writes weekly sessions and private coaching from it.
It is not, and must not be treated as, any of the following:
- therapy, counselling, psychotherapy, or any form of mental health treatment;
- medical advice, diagnosis or treatment;
- couples therapy, mediation, or professional relationship counselling;
- a monitoring or safety service — nobody at Espyeon reads your entries as they arrive, and nothing you write reaches a person who could act on it;
- a crisis service, or any means of obtaining help in an emergency;
- a clinical record, or evidence of anything in any proceeding.
Amanda is software. She is not a licensed professional, does not hold a duty of care, and no therapeutic relationship is created by using EMPS.
3. Amanda is generated by AI, and can be wrong
Coaching is produced automatically by a large language model. Before you rely on any of it, understand:
- It can be wrong. AI systems produce output that reads as confident and considered but is inaccurate, incomplete, or invented. This is a property of the technology, not a defect awaiting a fix.
- It is not reviewed by a human before you see it.
- It cannot see your relationship. It works only from what the two of you have written, which is partial by definition, and it cannot weigh context, history, tone or anything left unsaid.
- It is not a professional opinion, and agreement or disagreement between Amanda and a therapist means nothing.
you are solely responsible for evaluating any coaching before acting on it, and for every decision you make about your relationship, your wellbeing or another person.
Your writing is transmitted to OpenAI to generate coaching. The Privacy Policy explains this in full, and by using the App you consent to that processing.
4. Crisis and emergencies
do not use emps in a crisis. it does not monitor what you write, it does not alert anyone, and it cannot contact emergency services.
If you are in crisis, or at risk of harming yourself or someone else, in the United States call or text 988 (Suicide & Crisis Lifeline), available 24 hours a day, or call 911 if there is immediate danger. Outside the US, contact your local emergency number.
If you are experiencing domestic abuse, the US National Domestic Violence Hotline is 1-800-799-7233, or text START to 88788.
EMPS may surface these resources where coaching detects language that may indicate risk. That detection is automated, incomplete, and must never be relied on — it will miss things, and its silence means nothing.
5. Consent between partners; no coercion or surveillance
EMPS only works if both people are there because they want to be. The following are breaches of these Terms and we will terminate accounts for them:
- Coercing a partner into creating an account, into using the App, or into recording anything in it;
- Pressuring a partner to disclose private content, or treating the existence or absence of a private entry as something to be accounted for;
- Using EMPS to monitor, track or control another person, including accessing their account, compelling them to hand over their device or credentials, or installing it on a device in order to observe them;
- creating an account for, or in the name of, another person without their knowledge and agreement; or
- using anything recorded in EMPS to threaten, humiliate, blackmail or retaliate against a partner.
The private channel exists for a reason. What you mark private is yours, and neither your partner nor we will ask you to justify it. We designed the App so your partner cannot tell whether a private entry exists at all. If someone is pressuring you about it, that is a relationship problem the software cannot solve — and if you feel unsafe, please contact one of the services in section 4.
You are responsible for keeping your own device secure. If you share a device with your partner, set a passcode or biometric lock — EMPS cannot protect your private writing from someone who can unlock your phone and open your account.
6. If the relationship ends
Either of you may leave at any time. What happens to what you wrote is worth knowing before you need it:
- What you wrote is yours. Deleting your account removes your entries, your private writing, your coaching and Amanda’s notes about you.
- What your partner wrote is theirs, and deleting your account does not delete it.
- What you chose to share stays shared. Entries you shared, and the weekly sessions written for the two of you, may remain in your partner’s history. We cannot retract something you deliberately disclosed to another person.
- Your private writing is never disclosed, at any point, including after either of you leaves.
We will not adjudicate between two people about a shared account, act on one partner’s instruction about the other’s data, or supply one partner’s content to the other — including in response to a request framed as a legal one, unless we are compelled by valid process.
7. Your account
You are responsible for your credentials and for everything done under your account. One account is for one person; do not share one. Given what EMPS holds, use a unique password and any additional authentication the App offers.
Tell us at support@empsconnection.com immediately if you believe your account has been accessed without your authorisation.
You may delete your account at any time — see Account & Data Deletion.
8. Subscriptions and payment
EMPS is offered on subscription. Subscriptions purchased in the App are sold and processed by the Apple App Store or Google Play under their terms, not by us. We never receive or store your payment card details.
- Subscriptions renew automatically at the then-current price until cancelled.
- Cancel through the store that sold it — Settings → your name → Subscriptions on iOS, or Play Store → Payments & subscriptions on Android. Cancelling stops the next renewal; it does not refund the current period.
- Refunds are governed by Apple’s or Google’s policy. We cannot refund a transaction we did not process.
- Deleting your account does not cancel a subscription. Cancel first, then delete.
- A free trial, where offered, converts to a paid subscription unless cancelled before it ends.
We may change prices prospectively on reasonable notice. Where a subscription covers both partners, the person who purchased it controls it.
9. Your content
Everything you write in EMPS remains yours. We claim no ownership of it.
You grant us only the licence needed to host, store, process, secure and display it in order to operate the App for you — including transmitting it to OpenAI to generate coaching, as described in the Privacy Policy. That licence ends when you delete the content or your account, except for copies in routine backups until they age out.
You are responsible for what you record, including anything you write about another person. Do not record information about a third party that you have no right to record.
If you send us feedback, you grant us a perpetual, irrevocable, royalty-free licence to use it without restriction. Do not include private journal content in support correspondence beyond what is necessary to describe the problem.
10. Acceptable use
In addition to section 5, you may not:
- use the App unlawfully, or to harass, defame or threaten anyone;
- reverse engineer, decompile or disassemble the App, or attempt to extract its prompts or models, except where applicable law expressly prohibits that restriction;
- scrape or bulk-export content, or use the App to build or improve a competing product or model;
- circumvent authentication, rate limits or any technical control; or
- resell, sublicense or commercially exploit the App, or use it to provide a service to third parties.
11. Availability and changes
We do not guarantee the App will be available, uninterrupted or error-free. We may modify, suspend or discontinue any part of it at any time, with or without notice. Because of that, do not treat EMPS as the only record of anything you would be sorry to lose.
12. Disclaimer of warranties
the app is provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. to the maximum extent permitted by applicable law, Espyeon LLC and its members, managers, officers, employees, contractors, agents, suppliers and licensors (the “Espyeon parties”) disclaim all warranties, express, implied, statutory or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement.
without limiting the foregoing, the Espyeon parties make no warranty that the app or any coaching it generates will be accurate, appropriate, helpful, or suitable for your situation; that it will improve any relationship or any person’s wellbeing; that it will identify any risk, distress or danger; or that it will not fail to identify one.
some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
13. Limitation of liability
to the maximum extent permitted by applicable law, in no event will the Espyeon parties be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any emotional distress, relationship breakdown, separation, divorce, loss of companionship, reputational harm, personal injury, or worsening of any mental health condition, or for loss of profits, revenue, goodwill or data — arising out of or in connection with the app or these terms, however caused and under any theory of liability, whether or not the Espyeon parties were advised of the possibility of such damages, and even if a limited remedy is found to have failed of its essential purpose.
to the maximum extent permitted by applicable law, the total aggregate liability of the Espyeon parties for all claims arising out of or relating to the app or these terms will not exceed the greater of (a) the total amount you actually paid to Espyeon LLC for emps in the twelve (12) months immediately preceding the event giving rise to the liability, or (b) one hundred united states dollars (us$100).
some jurisdictions do not allow the exclusion or limitation of certain damages, including liability for death or personal injury caused by negligence, for fraud, or for gross negligence or willful misconduct. nothing in these terms excludes or limits liability that cannot lawfully be excluded.
The disclaimers and limitations in sections 12 and 13 are a fundamental basis of the bargain between you and us and survive termination.
14. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Espyeon Parties from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the App; (b) your breach of these Terms or of any law; (c) content you recorded, including information about another person; or (d) any dispute between you and your partner or any third party. We may assume exclusive defence and control of any such matter at your expense.
15. Suspension and termination
We may suspend or terminate your access at any time, with or without notice, including where we reasonably believe you have breached these Terms — and we will do so where we believe the App is being used to coerce, monitor or harm another person. You may stop using EMPS and delete your account at any time. On termination the licence granted to you ends immediately, and sections 2 to 6 and 9 to 14, with any provision that by its nature should survive, remain in effect.
16. Changes to these Terms
We may revise these Terms. We will update the date at the top and, for material changes, give additional notice in the App or by email. Continuing to use the App after a change takes effect constitutes acceptance. If you do not agree, stop using the App and delete your account.
17. Governing law; dispute resolution; class action waiver
These Terms are governed by the laws of the State of Ohio and the federal laws of the United States, without regard to conflict-of-laws principles.
Informal resolution first. Before filing any claim, describe the dispute in writing to support@empsconnection.com and allow us sixty (60) days to respond.
Binding arbitration. If that does not resolve it, you and Espyeon agree that any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court — except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for misuse of intellectual property.
you and Espyeon may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. you and Espyeon waive any right to a jury trial.
If this waiver is held unenforceable as to a particular claim, that claim alone is severed and brought in court. Nothing here prevents you from reporting a matter to a government agency or waives a right that cannot lawfully be waived.
18. General provisions
Apple and Google. Where you obtained the App from the Apple App Store, the Apple-specific terms in our EULA apply and Apple is a third-party beneficiary of them.
Severability. If any provision is held invalid it is limited to the minimum extent necessary and the rest remains in effect.
No waiver. Our failure to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms; we may, including in a merger or sale of assets.
Force majeure. We are not liable for failure or delay caused by events beyond our reasonable control.
Entire agreement. These Terms, with the documents they incorporate, are the entire agreement between you and Espyeon LLC regarding EMPS.
19. Contact
Espyeon LLC — support@empsconnection.com. Company details are on our About page.
Questions about this document? Write to Contact@espyeon.com.