Effective July 8, 2026 · Last updated July 8, 2026

Terms & Conditions

These Terms & Conditions (the "Terms") are a binding agreement between you and Emouna LLC ("Emouna," "we," "us," or "our") governing your use of the website at emouna.com.mx (the "Site"), our development, training, and consulting services (the "Services"), and the mobile and web applications we publish (each an "App"). By using the Site, engaging our Services, or installing or using an App, you agree to these Terms and to our Privacy Policy and Refund Policy, which are incorporated by reference. If you do not agree, do not use the Site, Services, or Apps.

1. Acceptance and eligibility

You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract to purchase Services. You may use Apps rated for your age under the applicable store's rating system; minors may use Apps only with a parent or guardian's consent and supervision. If you use the Site, Services, or Apps on behalf of a company, you represent that you have authority to bind that company, and "you" includes it.

We may update these Terms from time to time. The "Last updated" date above reflects the current version. For material changes we will give reasonable notice (on the Site, in an App, or by email). Changes apply prospectively; your continued use after the effective date of a change constitutes acceptance. Changes do not modify a signed Order already in progress.

2. Definitions

If an Order conflicts with these Terms, the Order controls for that engagement. If an App presents its own end-user license agreement, that agreement controls for that App.

3. Use of the Site

We grant you a limited, revocable, non-exclusive license to access and use the Site for its intended purpose — learning about and engaging our Services. All Site content — text, design, graphics, code samples, the Emouna name and logo — is owned by Emouna or its licensors and protected by intellectual-property laws. You may not scrape, frame, mirror, or republish Site content, use it to train machine-learning models, or use the Site in any way that violates Section 17. We may modify or discontinue any part of the Site at any time.

4. Ideas and submissions — no NDA, no confidentiality

This section is important. Anything you submit through the Site — including the "app idea" field of our application form, emails describing your concept, and anything discussed in an initial scope call before an Order is signed — is provided on a non-confidential basis:

5. Service engagements generally

6. Build weeks (custom development)

6.1 How a build week works

  1. Scope call (Day 0). A free call in which we define the smallest version of your product worth shipping. The output is a written scope and one fixed price in an Order. Scope is locked when the Order is accepted and paid.
  2. Design, build, polish (Days 1–6). We design, architect, build, and test the product, providing you progress links during the week.
  3. Delivery and handoff (Day 7). We deploy the product as agreed, transfer the code repository and account access to you, and walk you through it.

6.2 Your responsibilities

Build weeks are fast by design, which makes your timely participation part of the deal. You agree to: (a) provide Client Materials, decisions, and feedback within the turnaround stated in the Order (or same business day if unstated); (b) designate one decision-maker; and (c) provide access to any third-party accounts required (domains, app store accounts, payment processors). If client delays stall the work, we may pause the engagement and resume it in the next available slot; repeated or extended delays are handled as described in the Order or, absent that, in our Refund Policy.

6.3 Delivery, acceptance, and fixes

7. Training

8. Consulting

Consulting deliverables (assessments, roadmaps, recommendations, prototypes) are provided for your internal use. Our advice is based on the information you provide and the state of a fast-moving field at the time given; you remain responsible for business decisions made from it. Unless an Order states otherwise, consulting outputs are licensed to you perpetually and non-exclusively, and Section 11's rules about Emouna Tools apply.

9. Client materials and responsibilities

10. Fees, invoicing, and taxes

11. Intellectual property

11.1 You own your product

Upon our receipt of full payment for a development engagement, Emouna assigns to you all right, title, and interest in the Deliverables, including copyright, to the extent owned by Emouna and permitted by law. At your request we will execute reasonable documents confirming the assignment. Until full payment, Deliverables are licensed, not assigned, and we may suspend the license for non-payment.

11.2 Emouna Tools

Emouna Tools remain our exclusive property. To the extent any Emouna Tools are embedded in your Deliverables, we grant you a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, modify, and distribute them as part of the Deliverables. Nothing restricts Emouna from reusing its Tools, general knowledge, skills, and experience in other work, provided we do not use your Confidential Information (Section 13) or copy your Deliverables for others.

11.3 Portfolio and publicity

Unless your Order states otherwise, we may identify you as a client and display non-confidential screenshots and descriptions of your product in our portfolio and marketing after it becomes public. You can opt out at any time by emailing us; opt-out applies prospectively.

11.4 Feedback

If you give us suggestions or feedback about our Services, Site, or Apps, we may use it without restriction or obligation — it never includes your Confidential Information or your product's code.

11.5 Our marks and Apps

The Emouna name, logo, Site content, and our published Apps are our property (or our licensors'). Except for the limited App license in Section 14, no rights are granted by implication.

12. Open-source components and AI-assisted development

13. Confidentiality (signed engagements)

From the moment an Order is signed, each party will protect the other's Confidential Information — non-public information disclosed in connection with the engagement that is marked confidential or that a reasonable person would understand to be confidential (for you, this includes your product's non-public code, data, and business plans; for us, our Tools, pricing, and processes). Each party will use the other's Confidential Information only for the engagement, protect it with at least reasonable care, and not disclose it except to personnel and subcontractors bound by equivalent obligations, or as required by law (with prompt notice where lawful). Confidential Information excludes information that is public through no fault of the recipient, already known, independently developed, or rightfully received from a third party. These obligations last 3 years after the engagement ends (indefinitely for trade secrets). This section does not apply to pre-Order submissions, which are governed by Section 4.

14. App license (end-user license agreement)

This section, together with Sections 15–21, is the end-user license agreement ("EULA") for Apps that do not present their own.

15. Apple App Store — required terms

For any App downloaded from the Apple App Store, you and we acknowledge and agree, as required by Apple:

  1. Acknowledgement. This EULA is concluded between you and Emouna only — not with Apple. Emouna, not Apple, is solely responsible for the App and its content. To the extent this EULA provides usage rules less restrictive than or in conflict with the Apple Media Services Terms and Conditions, the Apple terms control.
  2. Scope of license. The license granted is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
  3. Maintenance and support. Emouna is solely responsible for providing any maintenance and support for the App, as specified in this EULA or required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
  4. Warranty. Emouna is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Emouna's sole responsibility.
  5. Product claims. Emouna, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of HealthKit and HomeKit frameworks.
  6. Intellectual property rights. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, Emouna, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim.
  7. Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer contact. Direct any questions, complaints, or claims regarding the App to: Emouna LLC, jack@emouna.com.mx, emouna.com.mx.
  9. Third-party terms. You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data agreement).
  10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of it, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

Where an App presents no custom terms in its listing, Apple's standard Licensed Application End User License Agreement applies instead of Sections 14–15.

Google Play. For Apps downloaded from Google Play, the Google Play Terms of Service also apply, and Google is not a party to this EULA and has no responsibility for the App.

16. Subscriptions, trials, and auto-renewal

17. Acceptable use

You agree not to, and not to attempt or help others to:

We may investigate violations and cooperate with law enforcement. Good-faith security research reported responsibly to jack@emouna.com.mx is welcome and will not be treated as a violation.

18. Health and safety notice (sensor, fitness, and activity Apps)

Some Apps display health, fitness, environmental, or activity-related information derived from device sensors or connected accessories. For all such Apps:

19. Warranties and disclaimers

What we do warrant. We warrant that: (a) Services will be performed in a professional and workmanlike manner by personnel with suitable skill; (b) Deliverables will materially conform to the written scope for 30 days after delivery (Section 6.3); and (c) to our knowledge at delivery, Deliverables authored by us (excluding Client Materials and open-source components under their own licenses) do not infringe third-party copyrights. Your exclusive remedies for breach of these warranties are re-performance or repair and, where we cannot cure, the refund described in the Refund Policy.

What we disclaim. EXCEPT AS EXPRESSLY STATED ABOVE OR IN AN ORDER, THE SITE, SERVICES, AND APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND EMOUNA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY APP WILL REMAIN AVAILABLE OR COMPATIBLE WITH FUTURE OS VERSIONS. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE. Some jurisdictions do not allow the exclusion of implied warranties, so some exclusions may not apply to you; in that case implied warranties are limited to the shortest period allowed by law.

20. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) EMOUNA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, OR ANY APP IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU PAID EMOUNA FOR THE SERVICE OR APP GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (ii) FIFTY U.S. DOLLARS (US$50); AND (b) EMOUNA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded — including for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence or willful misconduct, or non-waivable consumer rights in your jurisdiction. Each party's payment obligations and your indemnification obligations are not subject to the cap in clause (a). Any claim must be brought within one year after it accrues, where the law allows such a limit.

21. Indemnification

By you. You will defend, indemnify, and hold harmless Emouna and its members, employees, and agents from third-party claims, damages, and reasonable costs (including attorneys' fees) arising from: (a) Client Materials or instructions you provided; (b) your products and your relationship with your end users after handoff; (c) your violation of these Terms or applicable law; or (d) your misuse of an App.

By us. We will defend you against third-party claims that Deliverables authored by us (excluding Client Materials, open-source components, and combinations we did not make) infringe a copyright, and will pay resulting damages finally awarded or agreed in settlement — provided you notify us promptly, let us control the defense, and reasonably cooperate. If Deliverables become subject to such a claim, we may modify them to be non-infringing, procure the right for you to keep using them, or refund the fees paid for the affected Deliverables. This states our entire liability for infringement.

22. Term, suspension, and termination

23. Governing law and dispute resolution

  1. Governing law. These Terms are governed by the laws of the state in which Emouna LLC is organized and applicable U.S. federal law, without regard to conflict-of-laws rules — except that consumers retain the protection of mandatory provisions of the law of their country of residence, and the U.N. Convention on Contracts for the International Sale of Goods does not apply.
  2. Talk to us first. Before filing any claim, you agree to email jack@emouna.com.mx a written description of the dispute and give us 30 days to resolve it informally. Most disputes are resolved this way in days.
  3. Arbitration. Any dispute not resolved informally will be finally resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or Commercial Rules for business clients), conducted in English by videoconference or, if an in-person hearing is required, at a mutually convenient location. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, not a court, resolves disputes about the scope of this clause, except that a court decides the enforceability of the class-action waiver.
  4. Exceptions. Either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive relief in court for infringement or misuse of intellectual property or confidential information.
  5. Class-action waiver. Disputes will be resolved only on an individual basis; neither party may participate in a class, consolidated, or representative action. If this waiver is found unenforceable as to a claim, that claim proceeds in court, not arbitration.
  6. 30-day opt-out. You may reject this arbitration agreement (Sections 23.3–23.5) without penalty by emailing jack@emouna.com.mx within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. EU/UK and other consumers whose local law guarantees court access retain those rights; EU consumers may also use the applicable dispute-resolution mechanisms available in their member state.

24. General provisions

25. Contact

Emouna LLC Email: jack@emouna.com.mx
Website: emouna.com.mx
For questions about these Terms, an engagement, or an App — including the Apple-required contact point in Section 15.8 — email us and we will respond promptly.