Get the App
Get the app for free, available on Android and iOS
Last updated 04/05/21
Welcome and thank you for your interest in Emagine Solutions Technology (hereafter “Emagine”). Our Terms of Use Agreement ("Terms"), along with our Privacy Policy, governs the terms of the relationship between you ("You" or "User" and your spouse or partner if you opt him or her into receiving any Emagine content) and Emagine Solutions Technology , Inc. and its affiliates, doing business as Emagine ("Emagine," "We," "Us," or "our"). You accept these Terms when you use our applications, products, website, content, communications, and services (collectively, the "Services").
Please read these terms carefully. If you do not agree with all of them, you may not use the Services and you should not enter any of your information into our app(s) or website(s), or communicate any information to team members. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND EMAGINE. You acknowledge that your use of the Services constitutes the use of an electronic signature, and you agree that using the Services is your written acknowledgement that you were provided with the information in these Terms. Your use of the Services after your initial acceptance, even if these Terms of Use change, demonstrates your continued acceptance of these Terms. You agree that you are seeking the Services for informational and/or educational purposes only; that you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation, or medical advice of any kind; and that all Services are provided 'as is' and without warranty or representation.
You may not use the Services if you are A) under 13 or if parental consent is required under applicable law for you to use the Services or provide personal data to Emagine; B) a direct competitor of Emagine investigating the Services for competitive research; or C) otherwise using the Services for a harmful, malicious, disruptive, or unlawful purpose.
We have the right to cancel our service at any time in our discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Emagine has the right to terminate or suspend your account in the event that we determine, at our sole discretion, that you have violated these Terms, including participating in any activities that adversely affect other users’ experiences.
Emagine reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time with or without specific notice to you other than through posting such modified Terms on our website, through our applications, or both. The Terms will include the most recent date of revision and will be effective immediately upon posting unless otherwise specified herein. In the event of a material change to these Terms, we will attempt to notify you directly through a message sent to the e-mail address you provided upon registration or through the use of a notification in or through the mobile application. You hereby acknowledge and agree that you will review these Terms periodically for any changes and review the date of last revision at the beginning of the Terms. If you are dissatisfied with the Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services.
Our Services help users better understand their pregnancy health and/or accomplish related goals, including tracking a baby's growth during a pregnancy, having a healthier pregnancy, and learning about a child’s development. Users can choose to record certain personal data (as defined in our Privacy Policy) through the Services to receive a more personalized experience. Emagine 's proprietary health algorithms analyze users' data and provide customized content in return, with the goal that users will achieve better health outcomes due to the content Emagine has provided. For example, users may track their vitals, symptoms, cravings, and aversions to receive feedback on when they pass certain thresholds. The Services are educational only and provide no guarantee that users will accomplish any of their pregnancy health goals. This app is also not meant to treat or diagnose any health condition.
Our Services may include communications or content that you receive outside of the Emagine applications, including email messages, push notifications, messages, social media content and interactions, and our website materials.
Emagine collects, uses and shares your personal data as described in our Privacy Policy, which you should review.
Some users will have access to additional features within the app as part of the benefits provided by connecting their account to a healthcare provider for tracking the pregnancy progression.
The digital provider patient text communications feature allows a user to write a message or series of messages to their provider within the Emagine apps. Importantly, this is not real-time texting. A user should expect a response from the provider within 48 hours. The digital health communications are provided for educational and information purposes only. They are available to help you make more informed decisions about your pregnancy health, not make these decisions for you. Our Services do not give medical advice. If you think you may have a medical emergency or a condition requiring immediate care, do not use our digital provider patient text communications services: please call your doctor or 911 immediately. Emagine is not responsible for the content in any of the written communications and is not responsible for any diagnoses made as a result of information shared in the communications.
A user may see customized content related to her health and wellness, including sponsored ads. We cannot guarantee the accuracy of the information provided to us by third parties. Emagine is not responsible for information provided to us by third parties. Each user should consult their/her provider before making decisions based on information within The Journey app.
A user may see customized information provided through their app, including health trends, charts, graphics. The accuracy of the information in each user’s app is reliant on the information provided by the user. Emagine is not responsible for information entered into The Journey patient app.
A variety of information, articles, feedback, tips, advice, recommendations, advertisements, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials ("Content") is available through the Services. Some of the Content is provided by Emagine or its suppliers, and other Content is provided by advertisers. Emagine cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Emagine or its suppliers, advertisers, or by users of our Services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of Emagine. Emagine does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Services.
Emagine does not have any obligation to prescreen, edit, or remove any Content provided by users that is posted on or available through the Services. Notwithstanding the foregoing, Emagine will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
You use our Services at your own risk.
THIS IS FUNDAMENTALLY IMPORTANT: Emagine does not provide medical advice.
Please do not ask Emagine for--or rely on--anything that we communicate as medical advice. Although Emagine ’s Services may contain articles on medical topics, and though we ask users to input medical information, we make no warranty whatsoever that any of the articles are accurate. Even if a statement we make about a health or medical issue is accurate, it may not apply to you or your fetus’s symptoms.
Any advice, information, or other communication you receive from your medical provider, connected through The Journey app, is not from Emagine and is not part of Emagine’s Services. The messaging function of The Journey app is provided as a means of connecting you with your provider only. Emagine does not endorse or provide any warranty to the accuracy of the information received from or provided by your medical provider.
The health or medical information we write about or share is, at best, general and cannot substitute for the advice of a licensed medical professional (like a qualified doctor/physician, physician assistant, nurse, or other healthcare provider). We are not doctors. No one at Emagine can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented in our app. You should not interpret anything in our Services as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.
The content of our Services, such as text, graphics, images, information obtained from our medical partners, sponsors, advertisers, and licensors are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you, or your fetus, may have a medical emergency, call your doctor or 911 immediately.
Emagine does not endorse or guarantee any specific tests, products, procedures, opinions, or other information that may be mentioned on the Emagine Site, in social media, or in The Journey app. Reliance on any information provided by Emagine, Emagine employees, or others appearing in our Services is solely at your own risk. No claims, representations, or warranties, whether expressed or implied, are made as to the safety, reliability, and performance of any tests, products, or services.
Subject to your acceptance of these Terms, Emagine grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the Services and to display the results of such Services for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view, or alter any source code or object code of Emagine or our licensors.
In using our Services, you may come across content (such as hyperlinks, articles, content, and advertisements) provided by or linking to third party properties. Your dealings with advertisers or other third parties found on or accessible through our Services are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions; the payment for and delivery of items; your viewing or visiting content advertised by third parties; and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to users and should not be construed as an endorsement or guarantee by Emagine of content, items, or services on those third-party websites. Your access and use of such sites, including the content, items, or services on those sites, are solely at your own risk.
Emagine does not make any representations or warranties with respect to any content or privacy practices of such third parties or any items or services that may be obtained from such third parties, and you agree that Emagine will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties’ information or materials on the website.
Affiliate marketing:
Our website contains some affiliate marketing links, which means we get paid commission on sales of those products or services we write about. Our editorial content is not influenced by advertisers or affiliate partnerships.
Emagine's Services and the information contained therein is the property of Emagine and our affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents, or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute, or publish any part of the Services unless expressly permitted by these Terms.
“Emagine”, “Emagine Solutions Technology”, “The Journey”, and “VistaScan” are registered or unregistered marks of Emagine, Inc. and may not be used without written permission fromEmagine.
If you believe any materials accessible on or from our Services infringes your copyright, you may request removal of those materials (or access thereto) by contacting Emagine’s Designated Agent:
Emagine Solutions Technology
9040 S. Rita Road, Suite 1270
Tucson, AZ 85747
Phone: 888-345-1115
Email: info@emaginesolutionstech.com
and providing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512:
In an effort to protect the rights of copyright owners, Emagine maintains a policy for the termination of users who are infringers.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that a material or activity is infringing may be subject to liability.
Emagine authorizes you to view or download a single copy of the material contained in the Emagine Services solely for your personal, noncommercial use, so long as you do not remove the copyright and other proprietary rights notices that were contained in the Content.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Emagine or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Emagine. All rights not expressly granted herein are reserved to Emagine and its licensors.
Nothing contained on the Emagine Site or The Journey app should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Emagine or such third party that may own copyrights in material displayed on this web site.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Use of the Emagine Services is at your own risk.
Emagine and its vendors, licensors and business partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on any Emagine Service. In particular, but without limitation, you are agreeing that Emagine and its vendors, licensors and business partners are not liable under any theory of law for any compensatory, indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, a failure to obtain medical treatment or any other action or omission of behavior following any information or advice found on our site or in any Emagine Service, or any aspect of your relationship with a spouse or partner, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services would not be provided without these limitations, and if you do not agree to these limitations, please do not use the Services. No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation, or guarantee not expressly stated in these Terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations and exclusions may not apply to you. Notwithstanding the foregoing, in the event that Emagine is found to have a liability to you, you agree that our aggregate liability for any cause whatsoever (except for a violation by Emagine of our Privacy Policy) and regardless of the form of action will at all times be limited to the cost of the app with respect to your individual use of the Emagine Service in question. In addition, you specifically agree and acknowledge that Emagine is not liable for the content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.
THE EMAGINE SITE AND THE JOURNEY APP AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. EMAGINE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Specifically, Emagine MAKES NO REPRESENTATIONS OR WARRANTIES about the following:
In no event will Emagine, its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors or business partners be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Emagine Services. You will hold Emagine, its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors and business partners harmless for any such actions or decisions taken by you in reliance upon such information and for any claims arising from your use of the Emagine Services.
Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred.
You are responsible for all Content and personal data that you submit, post, or otherwise make available to or through the Services. By doing so, you represent and warrant to Emagine that such Content and personal data is not the confidential information of another person or entity and that you have all necessary permission to submit, post, and otherwise make available such Content and personal data. Emagine makes no claims to ownership of Content and personal data including photos that you submit, post, or otherwise make available to or through the Services and you continue to retain all ownership rights in such Content and the right to use your Content and personal data as you determine. However, you do grant to Emagine, our affiliates, contractors, service providers and agents a worldwide, nonexclusive, perpetual, irrevocable, global, royalty-free right and license (subject in all cases to the Privacy Policy) (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display Content for the purpose of delivering, developing, improving, and marketing the Services and Emagine’s products and services generally; and (b) to use, reproduce, analyze, aggregate and otherwise process personal data in accordance with the Privacy Policy.
You have the ability to invite family members and/or friends (“Invitee”), to see and receive Content through our application. These Invitees may have the same access to Emagine-generated content as you do. Be mindful of who you invite; this person may have access to Content and personal data that you have entered. When you choose to share your application experience with Invitees, those individuals will be able to view and share your Content including, but not limited to, posts, notes, messages, photos, videos, etc. The Invitee may also be able to add content to your application experience, such as notes, photos, videos, etc. If you do not want your personal data shared with Invitees, you should not invite family members and/or friends to view or receive your content.
When you submit a child’s profile photo and name in The Journey App, that image and name will be used in Emagine’s daily emails to Invitees and account owners. By submitting the child’s photo and name, you acknowledge that such is not confidential and that you have all necessary permission to submit, post, and otherwise make the photo and name available and consent to Emagine using that photo within the app and in email communications to Invitees and account owners. It is important that you understand that emails with a child’s photo and name could easily be forwarded to anyone by either an Invitee or an account owner. If you do not want a child’s photo and name to be distributed widely, you should not submit a child’s profile photo or name.
You agree that the following actions shall constitute a material breach of these Terms, and that you will not upload or transmit any communications or content of any type that:
In addition to the prohibited content rules in Section 15.4, you agree that your use of and conduct on the Services shall be lawful and will not:
Emagine conforms to the Children's Online Privacy Protection Act (COPPA). Our services are not intended for children under age 13. We do not knowingly collect personally identifiable information via the Services from users in this age group. We may, however, collect information about children and babies from their parents who are using our Services. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through our Services for the minor. We ask that our users not provide information about a baby or child, if they do not have guardianship of the child, without first getting the parents' consent. We encourage parents to talk with their children about smart practices when giving out information online. Please also see our separate Privacy Policy for more information on data practices.
All registered members of the Emagine Site and The Journey App are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their Emagine passwords or accounts. It is the registered member’s sole responsibility to: (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their Emagine account and password; (3) inform Emagine of any need to deactivate their password or change their registration, as soon as possible.
For any Emagine-related account, we recommend choosing passwords that are:
Emagine operates and controls the Services from our offices in the United States. We make no claims that the Services or Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Emagine Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Limitation of liability / Disclaimer of warranties, Indemnification, User Submissions, Jurisdiction, and Complete Agreement
If a dispute arises between you and Emagine, our goal is to resolve the issue quickly. In the event of a dispute, we encourage you to contact us first to resolve your problem directly with us. You may contact us regarding any complaints or disputes in the “Contact us” section below in these Terms.
These Terms are governed by the substantive laws of the State of Arizona (excluding its choice of law rules). The parties consent to the exercise of exclusive jurisdiction by the state or federal courts in The Commonwealth of Massachusetts for any claim relating to these Terms. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Massachusetts in connection with any such dispute including any claim involving Emagine or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Emagine may discontinue or change our Services at any time with or without prior notice and without liability to you. We make no guarantee that our Services will be available at all times or without interruption.
You agree that Emagine may terminate your account at any time for your violation of any of the provisions of these Terms.
If you are dissatisfied with the Emagine Services, please let us know by e-mailing us at info@emaginesolutionstech.com. Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of Emagine in providing the Services, or (d) any content or information transmitted through the Website or the app, is to terminate the Services and your account. You may terminate the Services at any time by discontinuing your use of any and all parts of our Services and providing Emagine notice of termination by emailing us at info@emaginesolutionstech.com.
Upon the termination of your account, either by you or Emagine, your access to your personal data shall immediately terminate and you are solely responsible for maintaining copies of any personal data you have uploaded to the Services. Please see our Privacy Policy for more information about your personal data.
The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without Emagine 's prior written consent, but may be assigned by Emagine without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Emagine as a result of these Terms or use of the Emagine Services.
These Terms constitute the entire agreement between you and Emagine with respect to the use of the Emagine Site and Content. Your use of the Emagine Site is also subject to the Emagine Privacy Policy. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Emagine’s vendors, licensors and business partners shall be third party beneficiaries of these Terms with the right to enforce them.
For questions or comments about the Terms, please email us at info@emagiesolutionstech.com.
You can also reach us by mail at:
Emagine Solutions Technology
9040 S. Rita Road, Suite 1270
Tucson, AZ 85747
Phone: 888-345-1115